alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5820. Coordination with environmental efforts

The Administrator is authorized to establish programs to utilize research and development performed by other Federal agencies to minimize the adverse environmental effects of energy projects. The Administrator of the Environmental Protection Agency, as well as other affected agencies and departments, shall cooperate fully with the Administrator in establishing and maintaining such programs, and in establishing appropriate interagency agreements to develop cooperative programs and to avoid unnecessary duplication.

(Pub. L. 93–438, title I, §110, Oct. 11, 1974, 88 Stat. 1242.)

#### **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.

#### Research Applied to National Needs; Coordination of Energy Research and Development Activities

Pub. L. 94–471, §2(e)(3), Oct. 11, 1976, 90 Stat. 2053, provided that: "In the conduct of the energy research and development activities under the 'Research Applied to National Needs' category, the National Science Foundation shall coordinate all new energy research project awards with the Administrator of the Energy Research and Development Administration or his designee."

Similar provisions were contained in Pub. L. 94–86, §5, Aug. 9, 1975, 89 Stat. 430.
#### The People of the State of New York, Respondent, v Santiago Valdez, Appellant.

[715 NYS2d 654]

—Appeal by the *263defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered July 31, 1997, convicting him of murder in the second degree (two counts) and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Demakos, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, suppression of the physical evidence, a gun, was not warranted. The gun was seized pursuant to a valid search warrant adequately supported by information which was obtained prior to and independently of any alleged illegal entry and which amply demonstrated probable cause for the search *(see, People v Harris,*62 NY2d 706; *People v Arnau,*58 NY2d 27, *cert denied*468 US 1217; *People v Aguirre,*220 AD2d 438; *People v Vonderhyde,*114 AD2d 479).

Although the murders occurred in the course of one extended transaction, each killing was caused by the defendant’s affirmative act of firing multiple shots. Accordingly, each offense was a separate and distinct act which justified the imposition of consecutive sentences *(see, People v Brathwaite,*63 NY2d 839; *People v Black,*249 AD2d 318; *People v Glass,*179 AD2d 774). Moreover, the sentence imposed was not excessive *(see, People v Suitte,*90 AD2d 80). Thompson, J. P., Luciano, Feuerstein and Schmidt, JJ., concur.
#### Sanitary Hair Goods Company, Plaintiff in Error, v. John G. Elliott, Defendant in Error.

Gen. No. 20,593.

(Not to be reported in full.)

Abstract of the Decision.

1. Attorney and client, § *81*
      ***
      *—when burden of proof is on client charging attorney with negligence and fraud.*Where an action is brought against an attorney to recover fees paid him, on the ground that he was guilty of negligence and fraudulent conduct in prosecuting litigation for plaintiff, the burden is on plaintiff to establish such negligence and fraud, and the evidence examined and *held*that the burden was not sustained.

2. Attorney and client, § *81*—what good faith and diligence owed to client.*All that an attorney owes his client is good faith and reasonable skill and diligence in the prosecution of the case.

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed March 8, 1915.

Statement of the Case.

Action by Sanitary Hair Goods Company, a corporation, against John G. Elliott to recover one thousand five hundred dollars paid defendant as attorney’s fees for the prosecution of litigation for plaintiff, on the ground that defendant was negligent, unfaithful and fraudulent in conducting and prosecuting such litigation.

To reverse the judgment on a verdict directed for defendant, plaintiff prosecutes this writ of error.

Sidney E. Levy, Julius Limbach and George F. Ort, for plaintiff in error.

Ashcraft & Ashcraft, for defendant in error; Charles F. Rathbun, of counsel.

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.
#### The People of the State of New York, Respondent, v. Milton Levine, Appellant.

Motion by appellant to dispense with printing granted. The appeal will 'be heard on the original papers (including the typed minutes) and on appellant’s typewritten brief, which shall include a copy of the opinion, if any, of the trial court. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. Appellant’s time to perfect the appeal is enlarged to the May Term, beginning April 24, 1961; appeal ordered on the calendar for said term. Motion for assignment of counsel granted. Anthony F. Marra, Esq., 100 Centre Street, New York, New York, is assigned as counsel to prosecute the appeal. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.
**Exhibit 32.2**

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

In connection with theQuarterly Report of Omtool, Ltd. (the “Company”) on Form 10-Q for the periodended June 30, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Daniel A. Coccoluto, Acting Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge,that:

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| /s/ Daniel A. Coccoluto |   |   |   |
|-------------------------|--------|--------|--------|
| Daniel A. Coccoluto     |   |   |
| Chief Financial Officer |   |   |
| August 2, 2007     |   |   |

 

----
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2450 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2450

         To extend the temporary suspension of duty on PNTOSA.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

  Mr. Murphy introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
         To extend the temporary suspension of duty on PNTOSA.

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

SECTION 1. PNTOSA.

    (a) In General.--Heading 9902.29.23 of the Harmonized Tariff 
Schedule of the United States (relating to PNTOSA) is amended by 
striking ``12/31/2006'' and inserting ``12/31/2009''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
### §300jj–16. Voluntary application and use of adopted standards and implementation specifications by private entities

#### (a) In general

Except as provided under section 13112 of the HITECH Act [42 U.S.C. 17902], nothing in such Act or in the amendments made by such Act shall be construed—

(1) to require a private entity to adopt or comply with a standard or implementation specification adopted under section 300jj–14 of this title; or

(2) to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification.

#### (b) Rule of construction

Nothing in this part shall be construed to require that a private entity that enters into a contract with the Federal Government apply or use the standards and implementation specifications adopted under section 300jj–14 of this title with respect to activities not related to the contract.

(July 1, 1944, ch. 373, title XXX, §3006, as added Pub. L. 111–5, div. A, title XIII, §13101, Feb. 17, 2009, 123 Stat. 241.)

#### **Editorial Notes**

#### References in Text

The HITECH Act, referred to in subsec. (a), is title XIII of div. A and title IV of div. B of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 226, 467, also known as the Health Information Technology for Economic and Clinical Health Act. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 201 of this title and Tables.
### §283p. Population focused research

The Director of the National Institutes of Health shall, as appropriate, encourage efforts to improve research related to the health of sexual and gender minority populations, including by—

(1) facilitating increased participation of sexual and gender minority populations in clinical research supported by the National Institutes of Health, and reporting on such participation, as applicable;

(2) facilitating the development of valid and reliable methods for research relevant to sexual and gender minority populations; and

(3) addressing methodological challenges.

(July 1, 1944, ch. 373, title IV, §404N, as added Pub. L. 114–255, div. A, title II, §2038(d), Dec. 13, 2016, 130 Stat. 1065.)

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

#### Reporting

Pub. L. 114–255, div. A, title II, §2038(e), Dec. 13, 2016, 130 Stat. 1065, provided that:

"(1) In general.—The Secretary, in collaboration with the Director of the National Institutes of Health, shall as appropriate—

"(A) continue to support research for the development of appropriate measures related to reporting health information about sexual and gender minority populations; and

"(B) not later than 2 years after the date of enactment of this Act [Dec. 13, 2016], disseminate and make public such measures.

"(2) National academy of medicine recommendations.—In developing the measures described in paragraph (1)(A), the Secretary shall take into account recommendations made by the National Academy of Medicine."
#### The People of the State of New York, Respondent, v Luis Martinez, Appellant.

Pending counsel’s compliance with *People v Saunders*(52 AD2d 833), appeals held in abeyance from judgments rendered January 6, 1975, Supreme Court, Bronx County, convicting defendant on his plea of guilty of two counts of criminal sale of a controlled substance in the third degree and sentencing him to two concurrent indeterminate terms of imprisonment of one year to life. (See *Anders v California,*386 US 738.) Counsel shall furnish appellant with a copy of the appellant’s brief and any accompanying advice within 15 days from the entry of the order hereon. Appellant shall have until 30 days thereafter to file any points *pro se*or to move for substitution of counsel. Thereafter, counsel may move this court for leave to withdraw and for a determination of the appeal on the merits. Concur—Kupferman, J. P., Silverman, Markewich and Lynch, JJ.
§ 512.20 Notification. ( a ) Salary offset deductions shall not be made unless the Director, Financial Operations Division of Broadcasting Board of Governors, or such other official as may be named in the future by the Director of Broadcasting Board of Governors, provides to the employee a written notice, 30 calendar days prior to any deduction, stating at a minimum: ( 1 ) The Board's determination that a debt is owed including the nature, origin, and amount of the debt;
( 2 ) The Board's intent to collect the debt by means of deduction from the employee's current disposable pay account;
( 3 ) The amount, frequency and proposed beginning date and duration of the intended deductions;
( 4 ) An explanation of the Board's policy concerning interest, penalties, and administrative costs;
( 5 ) The employee's right to inspect and copy Government records pertaining to the debt;
( 6 ) The opportunity to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment in lieu of offset per the requirements of 4 CFR 102.2(e).
( 7 ) The employee's right to a hearing arranged by the Board and conducted by an administrative law judge or, alternatively, an official not under the control of the head of the Board;
( 8 ) The method and time period for filing a petition for a hearing;
( 9 ) That timely filing of the petition will stay the commencement of collection proceedings;
( 10 ) That final decision on the hearing will be issued not later than 60 days after the filing of the petition for hearing unless the employee requests and the hearing officer grants a delay in the proceedings.
( 11 ) That knowingly false, misleading, or frivolous statements, representations or evidence may subject the employee to: ( i ) Disciplinary procedures under chapter 75 of title 5, United States Code or any other applicable statutes;
( ii ) Penalties under the False Claims Act, sections 3729-3731 of title 31 U.S.C. or any other applicable statutes.
( iii ) Criminal penalties under sections 286, 287, 1001, 1002 of title 18 United States Code or any other applicable statutes.
( 12 ) Any other rights or remedies available to the employee, including representation by counsel or his respective bargaining unit, under the statutes or regulations governing the program for which collection is being made.
( 13 ) That amounts paid on or deducted for the debts that are later waived or found not owed to the United States will be promptly refunded to the employee.
( b ) Notifications under this section shall be hand delivered with a record made of the delivery, or shall be mailed certified mail with return receipt requested.
( c ) No notification hearing, written responses or final decisions under this regulation are required of Broadcasting Board of Governors for any adjustment to pay arising from an employee's election of coverage under a Federal benefit program requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less.
§ 51.63 Passports invalid for travel into or through restricted areas; prohibition on passports valid only for travel to Israel. ( a ) The Secretary may restrict the use of a passport for travel to or use in a country or area which the Secretary has determined is: ( 1 ) A country with which the United States is at war; or
( 2 ) A country or area where armed hostilities are in progress; or
( 3 ) A country or area in which there is imminent danger to the public health or physical safety of United States travelers.
( b ) Any determination made and restriction imposed under paragraph (a) of this section, or any extension or revocation of the restriction, shall be published in the Federal Register.
( c ) A passport may not be designated as valid only for travel to Israel.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6116

DONALD CARR,

Petitioner - Appellant,

versus

ADRIENNE POTEAT, Warden; MICHAEL GAINES,

United States Parole Commission Chairman,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-00-2071-AM)

Submitted: May 18, 2001 Decided: October 1, 2001

Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald Carr, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Donald Carr appeals the district court’s order denying relief

on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Carr v. Poteat, No. CA-00-2071-AM (E.D. Va. Dec. 20, 2000). We

grant Carr’s motion to amend his informal brief to correct a typographical error, and the corrected pages have been filed. We deny

his motion for a preliminary injunction and his request for a certificate of appealability. We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
§ 311.205 Professional and technical services. ( a ) The prohibition on the use of appropriated funds, in § 311.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement.
( b ) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
( c ) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents.
( d ) Only those services expressly authorized by this section are allowable under this section.
§ 504.11 Restrictions that apply to released records. ( a ) The General Counsel may impose conditions or restrictions on the release of official records and information, including the requirement that parties to the proceeding obtain a protective order or execute a confidentiality agreement to limit access and any further disclosure. The terms of the protective order or of a confidentiality agreement must be acceptable to the General Counsel. In cases where protective orders or confidentiality agreements have already been executed, the BBG may condition the release of official records and information on an amendment to the existing protective order or confidentiality agreement.
( b ) If the General Counsel so determines, original BBG records may be presented for examination in response to a request, but they may not be presented as evidence or otherwise used in a manner by which they could lose their identity as official BBG records, nor may they be marked or altered. In lieu of the original records, certified copies may be presented for evidentiary purposes.
Exhibit 10.58
                                                                         Summary
                                Guaranty Contract
                                -----------------

Guaranty  Contract  Entered by and between  Shenzhen Nanshan Branch of Guangdong
Development  Bank ("the  Creditor")  and Shenzhen  BAK Battery Co.,  Ltd. (" the
Guarantor ") dated January 11th, 2006.

Summary of the main articles
>>   Contract number: 10208106002-01

>>   In order to secure the  indebtedness of Shenzhen Tongli High-tech Co., Ltd.
     (hereinafter  referred to as Obligor) under the loan  agreement  (reference
     no. 10208106002,  hereinafter referred to as Master Agreement) entered into
     by Creditor and Obligor,  the Guarantor  agrees to provide  guaranty to the
     Creditor as the guarantor of the Obligor.

>>   Secured  items  include the loan  principal,  interest,  penalty  interest,
     breach of  contract  compensation  and all the  expenses  incurred  for the
     Creditor to realize its right under Loan Agreement;

>>   Guaranty period:
          |X|  Two years from the expiry  date that the Obligor  should  fulfill
               its obligations in accordance with Loan Agreement;
          |X|  If due to the  provisions of relevant PRC law or  regulations  or
               any  agreement  reached  under Loan  Agreement,  any loan becomes
               mature  ahead of its  term,  guaranty  period  shall be two years
               starting from the advance mature date.

Summary of the articles omitted
>>   Method of Guaranty
>>   Scope of Guaranty
>>   Rights and Obligations of the Creditor
>>   Rights and Obligations of the Guarantor
>>   Liabilities of Breach of Contract
>>   Effectiveness, modification and termination of the Contract
>>   Notarization
>>   Applicable Laws and Dispute settlement
>>   Special Representation of the Guarantor
>>   Notes
>>   Miscellaneous