alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

112TH CONGRESS 

2D SESSION H. R. 3993 

To clarify the National Credit Union Administration authority to improve 

credit union safety and soundness. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2012 

Mr. KING of New York (for himself, Mr. SHERMAN, Mr. PAUL, Mr. MEEKS, 

Mr. KISSELL, and Mr. FILNER) introduced the following bill; which was 

referred to the Committee on Financial Services 

A BILL 

To clarify the National Credit Union Administration 

authority to improve credit union safety and soundness. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Capital Access for 

5 Small Businesses and Jobs Act’’. 

6 SEC. 2. IMPROVING CREDIT UNION SAFETY AND SOUND7 NESS. 

8 The Federal Credit Union Act (12 U.S.C. 1751 et 

9 seq.) is amended— 

10 (1) in section 107— 


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2 

•HR 3993 IH

1 (A) in paragraph (16), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (17), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(18) to receive payments, representing equity, 

7 on uninsured non-share capital accounts described 

8 under section 216(o)(2)(D), subject to such terms, 

9 rates, and conditions as may be established by the 

10 board of directors, within limitations prescribed by 

11 the Board.’’; and 

12 (2) in section 216— 

13 (A) in subsection (b)(1)(B)(ii), by striking 

14 ‘‘must rely’’ and inserting ‘‘rely predomi15 nantly’’; and 

16 (B) in subsection (o)(2)— 

17 (i) in subparagraph (B), by striking 

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (C)(ii), by strik20 ing the period and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(D) with respect to any insured credit 

24 union other than a low-income credit union, inVerDate Mar 15 2010 06:40 Feb 10, 2012 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3993.IH H3993

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3 

•HR 3993 IH

1 cludes non-share capital accounts as authorized 

2 by the Board, that— 

3 ‘‘(i) do not alter the cooperative na4 ture of the credit union; 

5 ‘‘(ii) are uninsured; 

6 ‘‘(iii) are subordinate to all other 

7 claims against the credit union, including 

8 the claims of creditors, shareholders, and 

9 the Fund; 

10 ‘‘(iv) are available to be applied to 

11 cover operating losses of the credit union 

12 in excess of its retained earnings and, to 

13 the extent so applied, will not be replen14 ished; 

15 ‘‘(v) are subject to maturity limits as 

16 determined by the Board; and 

17 ‘‘(vi) are offered by a credit union 

18 that is determined by the Board to be suf19 ficiently capitalized and well-managed.’’. 

Æ 


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§ 38.552 Elements of an acceptable audit trail program. ( a ) *Original source documents.* A designated contract market's audit trail must include original source documents. Original source documents include unalterable, sequentially identified records on which trade execution information is originally recorded, whether recorded manually or electronically. Records for customer orders (whether filled, unfilled, or cancelled, each of which shall be retained or electronically captured) must reflect the terms of the order, an account identifier that relates back to the account(s) owner(s), and the time of order entry. For open-outcry trades, the time of report of execution of the order shall also be captured.
( b ) *Transaction history database.* A designated contract market's audit trail program must include an electronic transaction history database. An adequate transaction history database includes a history of all trades executed via open outcry or via entry into an electronic trading system, and all orders entered into an electronic trading system, including all order modifications and cancellations. An adequate transaction history database also includes: ( 1 ) All data that are input into the trade entry or matching system for the transaction to match and clear;
( 2 ) The customer type indicator code;
( 3 ) Timing and sequencing data adequate to reconstruct trading; and
( 4 ) Identification of each account to which fills are allocated.
( c ) *Electronic analysis capability.* A designated contract market's audit trail program must include electronic analysis capability with respect to all audit trail data in the transaction history database. Such electronic analysis capability must ensure that the designated contract market has the ability to reconstruct trading and identify possible trading violations with respect to both customer and market abuse.
( d ) *Safe storage capability.* A designated contract market's audit trail program must include the capability to safely store all audit trail data retained in its transaction history database. Such safe storage capability must include the capability to store all data in the database in a manner that protects it from unauthorized alteration, as well as from accidental erasure or other loss. Data must be retained in accordance with the recordkeeping requirements of Core Principle 18 and the associated regulations in subpart S of this part.
#### In the Matter of City of Syracuse Industrial Development Agency, Respondent, Relative to Acquiring Certain *1343Interests in the Carousel Center Site for the Phased Public Project Known as DestiNY USA. Bon-Ton Department Store, Inc., Appellant; Carousel Center Company, L.P., Respondent.

(Appeal No. 14.)

[821 NYS2d 504]

Appeal from an order of the Supreme Court, Onondaga County (John V Centra, J.), entered May 12, 2006 in a proceeding pursuant to EDPL article 4. The order, among other things, denied the cross motion of respondent Bon-Ton Department Store, Inc. to dismiss the petition, granted the petition and authorized petitioner to acquire by condemnation certain Carousel Center interests of that respondent.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Same memorandum as in *Matter of City of Syracuse Indus. Dev. Agency (J.C. Penney Corp., Inc.*— Carousel *Ctr. Co.,*L.P.) (32 AD3d 1332 [2006]).

All concur except Hurlbutt, J.P., who dissents and votes to reverse in accordance with the same dissenting memorandum as in *Matter of City of Syracuse Indus. Dev. Agency (J.C. Penney Corp., Inc.*— Carousel *Ctr. Co.,*L.P.) (32 AD3d 1332 [2006]). Present — Hurlbutt, J.P., Scudder, Gorski and Green, JJ.
### §1973gg–3. Transferred

#### **Editorial Notes**

#### Codification

Section 1973gg–3 was editorially reclassified as section 20504 of Title 52, Voting and Elections.
§ 270.10f-1 Conditional exemption of certain underwriting transactions. Any purchase or other acquisition by a registered management company acting, pursuant to a written agreement, as an underwriter of securities of an issuer which is not an investment company shall be exempt from the provisions of section 10(f) (54 Stat. 806; 15 U.S.C. 80a-10) upon the following conditions: ( a ) The party to such agreement other than such registered company is a principal underwriter of such securities, which principal underwriter ( 1 ) is a person primarily engaged in the business of underwriting and distributing securities issued by other persons, selling securities to customers, or related activities, whose gross income normally is derived principally from such business or related activities, and
( 2 ) does not control or is not under common control with such registered company.
( b ) No public offering of the securities underwritten by such agreement has been made prior to the execution thereof.
( c ) Such securities have been effectively registered pursuant to the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. 77a-aa) prior to the execution of such agreement.
( d ) In regard to any securities underwritten, whether or not purchased, by the registered company pursuant to such agreement, such company shall be allowed a rate of gross commission, spread, concession or other profit not less than the amount allowed to such principal underwriter, exclusive of any amounts received by such principal underwriter as a management fee from other principal underwriters.
( e ) Such agreement is authorized by resolution adopted by a vote of not less than a majority of the board of directors of such registered company, none of which majority is an affiliated person of such principal underwriter, of the issuer of the securities underwritten pursuant to such agreement or of any person engaged in a business described in paragraph (a)(1) of this section.
( f ) The resolution required in paragraph (e) of this section shall state that it has been adopted pursuant to this section, and shall incorporate the terms of the proposed agreement by attaching a copy thereof as an exhibit or otherwise.
( g ) A copy of the resolution required in paragraph (e) of this section, signed by each member of the board of directors of the registered company who voted in favor of its adoption, shall be transmitted to the Commission not later than the fifth day succeeding the date on which such agreement is executed.
[Rule N-10F-1, 6 FR 1191, Feb. 28, 1941]
<PAGE>
                                                                       Ex. 10.38

                   ACKNOWLEDGEMENT LETTER FOR PARTICIPATION OF
                   SHAREHOLDERS' VOTING RIGHTS PROXY AGREEMENT

SHANGHAI FOCUS MEDIA CO., LTD., (registered address: Room A65, 28 Floor, No.369,
Jiangsu Road, Changning District, Shanghai) (hereinafter the "PARTICIPATING
SHAREHOLDER"), and HEFEI FUKESI ADVERTISEMENT CO., LTD. (registered address:
Room B2401, Gujin Baihua Building, 156 Shouchun Rd., Hefei) (hereinafter the
"PARTICIPATED TARGET COMPANY"), as independent party, hereby agree to
participate in the Shareholders' Voting Rights Proxy Agreement among FOCUS MEDIA
TECHNOLOGY (SHANGHAI) CO., LTD., SHANGHAI FOCUS MEDIA ADVERTISEMENT CO., LTD.
and other relevant parties (hereinafter, "PROXY AGREEMENT") dated March 28 2005.
Participating Shareholder and Participated Target Company agree to entrust the
Trustees designated by Focus Media Technology to exercise the voting rights in
Participating Target Company in respect of 10% of the equity interest in the
registered capital of Participating Target Company held by the Participating
Shareholder as of the date of the Acknowledgement Letter, on behalf of
Participating Shareholder.

Once this Acknowledgement Letter is executed by the Participating Shareholder
and Participating Target Company, Participating Shareholder and Participated
Target Company shall be deemed to have made the same undertakings and warranties
with those of the Shareholders and Target Companies under the Proxy Agreement,
agreed to respectively perform the obligations of the Shareholders and Target
Companies stipulated in the Proxy Agreement, and acknowledged the rights and
obligations of the Parties under the Proxy Agreement.

<PAGE>

SHANGHAI FOCUS MEDIA CO., LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006


HEFEI FUKESI ADVERTISEMENT CO., LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006


FOCUS MEDIA TECHNOLOGY (SHANGHAI) CO.,
LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006
### §254b–1. State grants to health care providers who provide services to a high percentage of medically underserved populations or other special populations

#### (a) In general

A State may award grants to health care providers who treat a high percentage, as determined by such State, of medically underserved populations or other special populations in such State.

#### (b) Source of funds

A grant program established by a State under subsection (a) may not be established within a department, agency, or other entity of such State that administers the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and no Federal or State funds allocated to such Medicaid program, the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), or the TRICARE program under chapter 55 of title 10 may be used to award grants or to pay administrative costs associated with a grant program established under subsection (a).

(Pub. L. 111–148, title V, §5606, as added Pub. L. 111–148, title X, §10501(k), Mar. 23, 2010, 124 Stat. 999.)

#### **Editorial Notes**

#### References in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§1395 et seq.) and XIX (§1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

#### Codification

Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.
### §16279b. International nuclear energy cooperation

The Secretary shall carry out a program—

(1) to collaborate in international efforts with respect to research, development, demonstration, and commercial application of nuclear technology that supports diplomatic, financing, nonproliferation, climate, and international economic objectives for the safe, secure, and peaceful use of such technology; and

(2) to develop collaboration initiatives with respect to such efforts with a variety of countries through—

(A) preparations for research and development agreements;

(B) the development of coordinated action plans; and

(C) new or existing multilateral cooperation commitments including—

(i) the International Framework for Nuclear Energy Cooperation;

(ii) the Generation IV International Forum;

(iii) the International Atomic Energy Agency;

(iv) the Organization for Economic Co-operation and Development Nuclear Energy Agency; and

(v) any other international collaborative effort with respect to advanced nuclear reactor operations and safety.

(Pub. L. 109–58, title IX, §959B, as added Pub. L. 116–260, div. Z, title II, §2003(h)(1), Dec. 27, 2020, 134 Stat. 2470.)
### §217b. Volunteer services

Subject to regulations, volunteer and uncompensated services may be accepted by the Secretary, or by any other officer or employee of the Department of Health and Human Services designated by him, for use in the operation of any health care facility or in the provision of health care.

(July 1, 1944, ch. 373, title II, §223, as added Pub. L. 90–174, §6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103–43, title XX, §2008(h), June 10, 1993, 107 Stat. 212.)

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–43 substituted "Health and Human Services" for "Health, Education, and Welfare".
§ 274.402 Form ID, uniform application for access codes to file on EDGAR. Form ID must be filed by registrants, third party filers, or their agents, to request the following access codes to permit filing on EDGAR: ( a ) Central Index Key (CIK)—uniquely identifies each filer, filing agent, and training agent.
( b ) CIK Confirmation Code (CCC)—used in the header of a filing in conjunction with the CIK of the filer to ensure that the filing has been authorized by the filer.
( c ) Password (PW)—allows a filer, filing agent or training agent to log on to the EDGAR system, submit filings, and change its CCC.
( d ) Password Modification Authorization Code (PMAC)—allows a filer, filing agent or training agent to change its Password.
[69 FR 22711, Apr. 26, 2004, as amended at 86 FR 25805, May 11, 2021] Editorial Note
Editorial Note: For Federal Register citations affecting Form ID, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
###### 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.

#### § 240.3a12-12 Exemption from certain provisions of section 16 of the Act for asset-backed securities.

Asset-backed securities, as defined in § 229.1101 of this chapter, are exempt from section 16 of the Act (15 U.S.C. 78p).

[70 FR 1620, Jan. 7, 2005]
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael A. Arends, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that the Quarterly Report on Form 10-Q of Marchex, Inc. for the quarter ended September 30, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Marchex, Inc.



|                       |  |  |  |        |  |                         
|---------------------- |  |  |  | ------ |  | ------------------------
|Date: November 5, 2010 |  |  |  | By:    |  | /S/    MICHAEL A. ARENDS
|                       |  |  |  | Name:  |  | Michael A. Arends       
|                       |  |  |  | Title: |  | Chief Financial Officer
DIRECTV HOLDINGS LLC

Exhibit 32.3

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of DIRECTV Financing Co., Inc. (the "Corporation") on Form 10-Q for the period ended
September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Chase Carey, President and Chief Executive Officer of the Corporation, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

|                                                                 |  | 
|---------------------------------------------------------------- |  | 
|/s/ CHASE CAREYChase Carey
President and Chief Executive Officer |  | 
|November 7, 2007                                                 |  | 

---



QuickLinks
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 17
- 00105
- CR

Mark Lynn Shrader, Appellant

v. The State of Texas, Appellee

FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 76165, THE HONOR ABLE FANCY H. JEZEK, JUDGE PRESIDING

O R D E R F O R C L E R K T O P R O V I D E A P P E L L A T E R E C O R D TO A P P E L L A N T

PER CURIAM

Appellant’s court

- appointed counsel has filed a motion to withdraw supported by a brief concluding that the instant appeal is frivolous and witho ut merit. See Anders

v. California , 386 U.S. 738, 744 (1967). Appellant’s counsel has certified to the Court that he provided copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se re sponse, and supplied appellant with a form motion for

pro se access to the appellate record. See Kelly v. State , 436 S.W.3d 313, 319

- 20 (Tex. Crim. App. 2014). Appellant has timely filed the motion requesting access to the appellate record with
this Cour t. Appellant’s pro se motion is granted. We hereby direct the clerk of the trial
court to provide a copy of the reporter’s record and clerk’s record to appellant, and to providewritten verification to this Court of the date and manner in which the appe llate record was

provided, on or before July 28, 2017

. See id. at 321.

It is ordered on July 18, 2017

.

Before Chief Justice Rose, Justices Field and Bourland
Do Not Publish
[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Notices]
[Page 72254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27285]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Chiropractic Care Implementation; Notice of 
Establishment

    As required by Section 9(a)(2) of the Federal Advisory Committee 
Act, the Department of Veterans Affairs (VA) hereby gives notice of the 
establishment of the Advisory Commiteee on Chiropractic Care 
Implementation. The Secretary of Veterans Affairs has determined that 
establishing the Committee is both necessary and in the public 
interest.
    The Committee will monitor and oversee actvities to establish a 
chiropractic health program within VA, and it will advise the Secretary 
on the implementation and evaluation of that program. Much of the 
Committee's work will focus on carrying out the VA-endorsed 
recommendations of the Chiropractic Advisory Committee, an advisory 
committee whose statutory authority will expire on December 31, 2004. 
The Chiropractic Advisory Committee has been operational since 2002, 
has held its final meeting and has submitted its final report to the 
Secretary.
    The Advisory Committee on Chiropractic Care Implementation will 
review critical issues that affect program implementation, recommend 
program enhancements and provide guidance on long range planning. The 
Committee will include members of the chiropractic care profession and 
such other members as the Secretary considers appropriate.
    The Advisory Committee on Chiropractic Care Implementation will 
meet periodically through 2005 and will be terminated no later than 
December 31, 2005.

    Dated: December 6, 2004.

    By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 04-27285 Filed 12-10-04]
BILLING CODE 8320-01-M
### §2392. Reduction of payments

Any payment which becomes due under section 2391 of this title prior to the transfer of all municipal installations at the community may be reduced by such amount as the Administrator determines to be equitable based on the municipal services then being performed by the Energy Research and Development Administration, and the municipal services then being performed by such governmental entity.

(Aug. 4, 1955, ch. 543, ch. 9, §92, 69 Stat. 482; Pub. L. 94–187, title VI, §601(1), (8), Dec. 31, 1975, 89 Stat. 1077, 1078.)

#### **Editorial Notes**

#### Amendments

1975—Pub. L. 94–187 substituted "Administrator" for "Commission" where appearing first time and "Energy Research and Development Administration" for "Commission" where appearing second time.

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

#### Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of this title.
**Exhibit 32.3**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of MarkWest Hydrocarbon, Inc.(the “Company”), on Form 10-Q for the period ending June 30, 2005, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, James G. Ivey, Chief Financial Officer of the Company, certify, to the bestof my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that:

 

                (1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

                (2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| /s/JAMES G.  IVEY       |   |   |
|-------------------------|--------|--------|
|                    |   |   |
| James G. Ivey           |   |   |
| Chief Financial Officer |   |   |
|                    |   |   |
| December 19, 2005       |   |   |

 

----