alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2000c–4. Grants for inservice training in dealing with and for employment of specialists to advise in problems incident to desegregation; factors for consideration in making grants and fixing amounts, terms, and conditions

(a) The Secretary is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of—

(1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and

(2) employing specialists to advise in problems incident to desegregation.

(b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Secretary shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

(Pub. L. 88–352, title IV, §405, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692.)

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

"Secretary", meaning the Secretary of Education, substituted in text for "Commissioner" pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education.
#### The People of the State of New York v. Samuel Ripstein.

Motion granted. Present—Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ.
### §417. Prohibition of intimidation or reprisal

(a) In General.—It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter.

(b) Remedy.—A violation of subsection (a) may be remedied by any legal remedy available to redress the practice opposed by the covered employee or other violation of law as to which the covered employee initiated proceedings, made a charge, or engaged in other conduct protected under subsection (a).

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110 Stat. 4061.)
29 So.2d 49

#### WILSON v. MOSER.

No. 38128.

Dec. 13, 1946.

Rehearing Denied Dec. 31, 1946.

Julius C. Pearlstine, of New Orleans, for plaintiff and appellant.

Andrew H. Thalheim, of Gretna, for defendant and appellee.

KENNON, Justice.

Plaintiff, on August 18, 1943, filed suit against her husband, seeking a separation from bed and board on the grounds of cruelty and habitual drunkenness: From a *1024judgment rejecting her demands and dismissing the suit, she prosecutes this appeal.

The plaintiff relied upon her own testimony and offered no witness other than her six year old daughter, whose testimony was excluded by the court. The defendant introduced the testimony of several neighbors and close friends. The district court found that plaintiff’s charges were not proven. Our examination of the record leads us to the same conclusion.

 Appellant complains here that the district court erred in refusing to hear the testimony of the six year old child. The district judge, in sustaining the objection to the child’s competency as a witness, said that he could not “bring himself to placing that child in the position of making a choice between father and mother * * Had the exclusion of the testimony been based entirely upon that ground, the judge’s ruling would have been erroneous under the authority of Chavigny v. Hava, 125 La. 710, 51 So. 696. However, the record shows that the district court also added “ * * * I don’t believe that the child would be a competent witness * * **>>*

Act 157 of 1916, Section 1, provides:

“ * * * That the competent witness in any proceeding, civil or criminal, in court, or before a person having authority to receive evidence, shall be a person of proper understanding * *

The. court permitted counsel to question the little girl with a view of qualifying her as “* * * a person of proper understanding * * under the Louisiana statute. An examination of the questions' and answers docs not indicate any abuse of discretion by the district judge in ruling the child incompetent as a witness. The admission of the testimony of a child of tender years is a matter which addresses itself to- the discretion of the trial court. 28 R.C.L., par. 48, pg. 461; Jones on Evidence, Vol. 3, 4th Ed., par. 720.

Judgment affirmed with costs.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3593 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3593

 To designate the facility of the United States Postal Service located 
     at 787 State Route 17M in Monroe, New York, as the ``National 
  Clandestine Service of the Central Intelligence Agency NCS Officer 
               Gregg David Wenzel Memorial Post Office''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

 Ms. Hayworth (for herself, Mr. King of New York, Mrs. McCarthy of New 
 York, Mr. Ackerman, Mr. Grimm, Mrs. Maloney, Mr. Rangel, Mr. Serrano, 
Mr. Engel, Mrs. Lowey, Mr. Gibson, Mr. Tonko, Mr. Owens, Mr. Hanna, Ms. 
Buerkle, Ms. Hochul, and Mr. Reed) introduced the following bill; which 
    was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
     at 787 State Route 17M in Monroe, New York, as the ``National 
  Clandestine Service of the Central Intelligence Agency NCS Officer 
               Gregg David Wenzel Memorial Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NATIONAL CLANDESTINE SERVICE OF THE CENTRAL INTELLIGENCE 
              AGENCY NCS OFFICER GREGG DAVID WENZEL MEMORIAL POST 
              OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 787 State Route 17M in Monroe, New York, shall be known and 
designated as the ``National Clandestine Service of the Central 
Intelligence Agency NCS Officer Gregg David Wenzel Memorial Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``National 
Clandestine Service of the Central Intelligence Agency NCS Officer 
Gregg David Wenzel Memorial Post Office''.
                                 <all>
```
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.29 Rules.

The individual operating divisions shall have the initial responsibility for proposing amendments to existing rules or new rules under the statutory provisions within the jurisdiction of the particular division. Where any such proposals presents a legal problem or is a matter of first impression, or involves a matter of enforcement policy or questions involving statutes other than those administered by the Commission, or may have an effect on prior judicial precedent or pending litigation, submission of the proposal should be made to the Office of the General Counsel for an expression of opinion prior to presentation of the matter to the Commission.
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.4d-12 Exemption for security-based swaps offered and sold in reliance on Securities Act of 1933 Rule 240 (§ 230.240).

Any security-based swap offered and sold in reliance on § 230.240 of this chapter, whether or not issued under an indenture, is exempt from the Act. This section will expire on February 11, 2018.

[82 FR 10707, Feb. 15, 2017]
ENCLOSURE 

Responses to Questions 

Representative Fred Upton and Representative Ed Whitfield 

Letter Dated August 17, 2015

QUESTION 1. What is the current status of the staff’s response to SECY-14-0087 

Commission Memorandum on qualitative factors and backfit 

analyses? 

ANSWER: 

The staff is scheduled to submit its updated plan to the Commission in September 2015 for 

implementing the direction on qualitative factors contained in SECY-14-0087. 

QUESTION 2. What is the extent of usage of qualitative factors in additional 

rulemakings currently pending before the Commission? 

ANSWER: 

The only rulemaking currently pending before the Commission is the proposed rule on 

incorporation by reference of the Institute of Electrical and Electronics Engineers Standard 603-

2009. The NRC staff provided quantitative as well as qualitative justification for proposing this 

rulemaking. 

QUESTION 3. How does the Commission’s policy to permit staff consideration of 

qualitative factors in policy recommendations align with the explicit 

direction to reserve those considerations solely for the 

commission? 
2 

ANSWER: 

Staff identification of qualitative factors as part of its recommendations on rulemaking is 

consistent with and supports the Commission’s position that the Commission makes the final 

determination as to whether and to what extent qualitative factors will be considered in the 

rulemaking decision. 

Commission decision making is based in large part on the relevant technical, regulatory, and 

cost/benefit information developed by the staff. The staff’s actions to identify and present its 

evaluation of qualitative factors to the Commission supports reasoned Commission decision 

making.
NO. SCPW-12-0000429

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

IN THE MATTER OF THE PETITION OF CHRIS GRINDLING

ORIGINAL PROCEEDING

ORDER

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)

Upon consideration of petitioner Chris Grindling’s

petition for a writ of mandamus filed on April 30, 2012, it

appears that petitioner fails to demonstrate a clear and

indisputable right to relief. Therefore, petitioner is not

entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai#i 200,

204, 982 P.2d 334, 338 (1999) (A writ of mandamus is an

extraordinary remedy that will not issue unless the petitioner

demonstrates a clear and indisputable right to relief and a lack

of alternative means to redress adequately the alleged wrong or

obtain the requested action.). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, May 23, 2012.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna

Electronically Filed

Supreme Court

SCPW-12-0000429

23-MAY-2012

10:22 AM
### §19081. Facility operation and maintenance

#### (a) In general

The Director shall continue the Facility Operation Transition pilot program for a total of 5 years.

#### (b) Cost sharing

The Facility Operation Transition program shall provide funding for 10 to 50 percent of the operations and maintenance costs for major research facilities that are within the first five years of operation, where the share is determined based on—

(1) the operations and maintenance costs of the major research facility; and

(2) the capacity of the managing directorate or division to absorb such costs.

#### (c) Report

After the fifth year of the pilot program, the Director shall transmit a report to Congress that includes—

(1) an assessment, that includes feedback from the research community, of the effectiveness of the pilot program for—

(A) supporting research directorates and divisions in balancing investments in research grants and funding for the initial operation and maintenance of major facilities;

(B) incentivizing the development of new world-class facilities;

(C) facilitating interagency and international partnerships;

(D) funding core elements of multi-disciplinary facilities; and

(E) supporting facility divestment costs; and

(2) if deemed effective, a plan for permanent implementation of the pilot program.

(Pub. L. 117–167, div. B, title III, §10371, Aug. 9, 2022, 136 Stat. 1570.)
§ 41.3 Application for an exemptive order pursuant to section 4f(a)(4)(B) of the Act. ( a ) Any futures commission merchant or introducing broker registered in accordance with the notice registration provisions of § 3.10 of this chapter, or any broker or dealer exempt from floor broker or floor trader registration pursuant to section 4f(a)(3) of the Act, may apply to the Commission for an order pursuant to section 4f(a)(4)(B) of the Act granting exemption to such person from any provision of the Act or the Commission's regulations other than sections 4c(b), 4c(d), 4c(e), 4c(g), 4d, 4e, 4h, 4f(b), 4f(c), 4j, 4k(1), 4p, 6d, 8(d), 8(g), and 16 of the Act and the rules thereunder.
( b ) An application pursuant to this section must set forth in writing or in an electronic mail message the following information: ( 1 ) The name, main business address and main business telephone number of the person applying for an order;
( 2 ) The capacity in which the person is registered with the Securities and Exchange Commission and the person's CRD number (if a member of the National Association of Securities Dealers, Inc.) or equivalent self-regulatory organization identification, together with a certification, if true, that the person's registration is not suspended pursuant to an order of the Securities and Exchange Commission;
( 3 ) The particular section(s) of the Act and/or provision(s) of the Commission's regulations with respect to which the person seeks exemption;
( 4 ) Any provision(s) of the securities laws or rules, or of the rules of a securities self-regulatory organization analogous to the provision(s);
( 5 ) A clear explanation of the facts and circumstances under which the person believes that the requested exemptive relief is necessary or appropriate in the public interest; and
( 6 ) A clear explanation of the extent to which the requested exemptive relief is consistent with the protection of investors.
( c ) A national securities exchange or other securities industry self-regulatory organization may submit an application for an order pursuant to this section on behalf of its members.
( d ) An application for an order must be submitted to the Director of the Market Participants Division, at the Commission's Washington, DC headquarters if in paper form, or to *MPDletters@cftc.gov* if submitted via electronic mail.
( e ) The Commission may, in its sole discretion, grant the application, deny the application, decline to entertain the application, or grant the application subject to one or more conditions.
[66 FR 43086, Aug. 17, 2001. Redesignated at 67 FR 53171, Aug. 14, 2002, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 89 FR 71812, Sept. 4, 2024]
### §2205a. Repealed. Pub. L. 97–375, title I, §115, Dec. 21, 1982, 96 Stat. 1821

Section, Pub. L. 95–601, §11, Nov. 6, 1978, 92 Stat. 2953, directed Commission to report to Congress on Jan. 1, 1979, and annually thereafter on use of contractors, consultants, and National Laboratories by Commission, and that such report include, for each contract issued, in progress or completed during fiscal year 1978, information on bidding procedure, nature of work, amount and duration of contract, progress of work, relation to previous contracts, and relation between amount of contract and amount actually spent.
**EXHIBIT 31.1****CERTIFICATION UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, John C. Pound, certify that:1. I have reviewed this report on Form 10-Q for the period ended July 1, 2007 of RedEnvelope, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:a. designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;b. [paragraph omitted pursuant to SEC Release 33-8238];c. evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation; andd. disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a. all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb. any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.Date:September 14, 2007     *By:* */s/*JOHN C. POUND         *John C. Pound*  *Executive Chairman & Principal Executive Officer*
#### § 37.601 Additional sources for compliance.

Until such time that compliance is required under part 151 of this chapter, a swap execution facility may refer to the guidance and/or acceptable practices in appendix B of this part to demonstrate to the Commission compliance with the requirements of § 37.600.
### §10140. Expedited authorizations

#### (a) Issuance of authorizations

(1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a repository under this part requires a certificate, right-of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authorization at the earliest practicable date, to the extent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with respect to consideration of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such application or request shall take precedence over any similar applications or requests not related to such repositories.

(2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission.

#### (b) Terms of authorizations

Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law.

(Pub. L. 97–425, title I, §120, Jan. 7, 1983, 96 Stat. 2227.)
538.7204 Contract clauses. 		    (a)Use FAR clause 52.212-4 Alternate I in all Federal Supply Schedules authorized for the acquisition of order-level materials (see 538.7201(b)). Use the following language for the clause fill-in— 					           						             							              (1)Insert “Each order must list separately subcontracts for services excluded from the FSS Hourly Rates” in paragraph (e)(1)(iii)(D). 						             						             							              (2)Insert “Each order must list separately the elements of other direct costs for that order” in paragraph (i)(1)(ii)(D)*(1)*. 						             						             							              (3)Insert “Each order must list separately the fixed amount for the indirect costs and payment schedule; if no indirect costs are approved,” insert “None” in (i)(1)(ii)(D)*(2)*. 						             					           				         				         					          (b) Insert the clause at 552.238-115, Special Ordering Procedures for the Acquisition of Order-Level Materials, in FSS solicitations and contracts authorized to allow for order-level materials. 	  **Parent topic:** Subpart 538.72 - Order-level Materials
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.17Ad-8 Securities position listings. ( a ) For purposes of this section, the term *securities position listing* means, with respect to the securities of any issuer held by a registered clearing agency in the name of the clearing agency or its nominee, a list of those participants in the clearing agency on whose behalf the clearing agency holds the issuer's securities and of the participants' respective positions in such securities as of a specified date.
( b ) Upon request, a registered clearing agency shall furnish a securities position listing promptly to each issuer whose securities are held in the name of the clearing agency or its nominee. A registered clearing agency may charge issuers requesting securities position listings a fee designed to recover the reasonable costs of providing the securities position listing to the issuer.
(Secs. 2, 17A, and 23(a) (15 U.S.C. 78b, 78q-1, and 78w(a)))
[44 FR 76777, Dec. 28, 1979]
### §239c. Medical benefits

#### (a) In general

Subject to the succeeding provisions of this section, the Secretary shall make payment or reimbursement for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual, including the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of monthly compensation.

#### (b) Benefits secondary to other coverage

Payment or reimbursement for services or benefits under subsection (a) shall be secondary to any obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer) under any other provision of law or contractual agreement, to pay for or provide such services or benefits.

(July 1, 1944, ch. 373, title II, §264, as added Pub. L. 108–20, §2, Apr. 30, 2003, 117 Stat. 641.)