alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5321. Suspension of requirements for disaster areas

For funds designated under this chapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all requirements for purposes of assistance under section 5306 of this title for that area, except for those related to public notice of funding availability, nondiscrimination, fair housing, labor standards, environmental standards, and requirements that activities benefit persons of low- and moderate-income.

(Pub. L. 93–383, title I, §122, as added Pub. L. 103–233, title II, §234, Apr. 11, 1994, 108 Stat. 369.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Title IV of the Act is classified generally to subchapter IV (§5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

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

#### Effective Date

Section applicable with respect to any amounts made available to carry out subchapter II (§12721 et seq.) of chapter 130 of this title after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title.
#### UNITED STATES of America, Plaintiff-Appellee, v. Marcos Tulio ZAYAS, also known as Salvador Pinado-Martinez, Defendant-Appellant.

No. 06-41148

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

May 2, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Marcos Tulio Zayas preserves for further review his contention that his sentence is unreasonable because this court’s *post-Booker*
      ****
      **rulings have effectively re*329instated the mandatory Sentencing Guideline regime condemned in *Booker.*Zayas concedes that his argument is foreclosed by *United States v. Mares,*402 F.3d 511 (5th Cir.), *cert. denied,*546 U.S. 828, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005), and its progeny, which have outlined this court’s methodology for reviewing sentences for reasonableness. Zayas also preserves for further review his contention that his sentence is unreasonable because the illegal reentry guideline is unduly severe. Zayas concedes that this argument is foreclosed by *United States v. Tzep-Mejia,*461 F.3d 522, 527 (5th Cir.2006), which held that *“Booker*does not give sentencing courts the discretion to impose a non-Guideline sentence based on the courts’ disagreement with Congressional and Sentencing Commission policy.” Finally, Zayas raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

*United States v. Booker,*543 U.S. 220, 125 S. Ct. 738, 160 L.Ed.2d 621 (2005).
### §6371a. Guidelines

#### (a) Energy audits

The Secretary shall, by rule, not later than 60 days after November 9, 1978—

(1) prescribe guidelines for the conduct of preliminary energy audits, including a description of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reasonably accurate evaluation of the energy conservation needs of all such facilities in each State, and

(2) prescribe guidelines for the conduct of energy audits.

#### (b) State plans for implementation of energy conservation projects in schools and hospitals

The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of energy conservation projects in schools and hospitals. The guidelines shall include—

(1) a description of the factors which the State energy agency may consider in determining which energy conservation projects will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals,

(2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to implement energy conservation projects, and

(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.

#### (c) Revisions

Guidelines prescribed under this section may be revised from time to time after notice and opportunity for comment.

#### (d) Determination of severe hardship class for schools and hospitals

The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel availability, ability to provide the non-Federal share of the costs, and such other factors that he deems appropriate.

(Pub. L. 94–163, title III, §392, as added Pub. L. 95–619, title III, §302(a), Nov. 9, 1978, 92 Stat. 3242.)
#### Joseph F. Coffey, as Administrator, etc., v. Katherine Lexow.

Motion for stay pending appeal granted. Settle order on notice. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
### §5506. Test procedures and definitive performance criteria for solar heating and combined solar heating and cooling components and systems and suitable dwellings; determination, consultation and publication in Federal Register

As soon as feasible, and utilizing data available from the demonstration programs under sections 5503 and 5504 of this title, the Secretary, utilizing the services of the Director of the National Institute of Standards and Technology and in consultation with the Administrator and the Secretary of Energy shall determine, prescribe, and publish in the Federal Register in accordance with the applicable provisions regarding rulemaking prescribed by section 553 of title 5,

(1) definitive performance criteria for solar heating and combined solar heating and cooling components and systems to be used in residential dwellings, taking into account climatic variations existing between different geographic areas;

(2) definitive performance criteria (relating to suitability for solar heating and for combined solar heating and cooling) for such dwellings, taking into account climatic variations existing between different geographic areas; and

(3) procedures whereby manufacturers of solar heating and combined solar heating and cooling components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under paragraph (1).

(Pub. L. 93–409, §8, Sept. 3, 1974, 88 Stat. 1073; Pub. L. 93–438, title I, §104(f), title III, §301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, §301(a), title VII, §§703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433.)

#### **Editorial Notes**

#### Amendments

1988—Pub. L. 100–418 substituted "National Institute of Standards and Technology" for "National Bureau of Standards".

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

#### Transfer of Functions

"Secretary of Energy" substituted in text for "Director", meaning Director of National Science Foundation, pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connection with solar heating and cooling development to Administrator of Energy Research and Development Administration, and pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.
### §3032a. Career preparation for the field of aging

#### (a) Grants

The Assistant Secretary shall make grants to institutions of higher education, including historically Black colleges or universities, Hispanic-serving institutions, and Hispanic Centers of Excellence in Applied Gerontology, to provide education and training that prepares students for careers in the field of aging.

#### (b) Definitions

For purposes of subsection (a):

#### (1) Hispanic Center of Excellence in Applied Gerontology

The term "Hispanic Center of Excellence in Applied Gerontology" means an institution of higher education with a program in applied gerontology that—

(A) has a significant number of Hispanic individuals enrolled in the program, including individuals accepted for enrollment in the program;

(B) has been effective in assisting Hispanic students of the program to complete the program and receive the degree involved;

(C) has been effective in recruiting Hispanic individuals to attend the program, including providing scholarships and other financial assistance to such individuals and encouraging Hispanic students of secondary educational institutions to attend the program; and

(D) has made significant recruitment efforts to increase the number and placement of Hispanic individuals serving in faculty or administrative positions in the program.

#### (2) Historically Black college or university

The term "historically Black college or university" has the meaning given the term "part B institution" in section 1061(2) of title 20.

(Pub. L. 89–73, title IV, §412, as added Pub. L. 106–501, title IV, §401, Nov. 13, 2000, 114 Stat. 2258; amended Pub. L. 109–365, title IV, §403, Oct. 17, 2006, 120 Stat. 2553.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 412 of Pub. L. 89–73 was classified to section 3032 of this title, prior to the general amendment of this subchapter by Pub. L. 106–501.

Another prior section 412 of Pub. L. 89–73 was classified to section 3035a of this title, prior to repeal by Pub. L. 95–478, title I, §104(b)(3), Oct. 18, 1978, 92 Stat. 1539.

#### Amendments

2006—Subsec. (a). Pub. L. 109–365 amended subsec. (a) generally. Prior to amendment, text read as follows: "The Assistant Secretary shall make grants to institutions of higher education, historically Black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging."
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### §5654. Transferred

#### **Editorial Notes**

#### Codification

Section 5654 was editorially reclassified as section 11144 of Title 34, Crime Control and Law Enforcement.

#### Prior Provisions

A prior section 5654, Pub. L. 93–415, title II, §244, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95–115, §5(f), Oct. 3, 1977, 91 Stat. 1057; Pub. L. 96–509, §19(k), Dec. 8, 1980, 94 Stat. 2765; Pub. L. 98–473, title II, §633, Oct. 12, 1984, 98 Stat. 2119; Pub. L. 100–690, title VII, §7262, Nov. 18, 1988, 102 Stat. 4442; Pub. L. 102–586, §2(g)(3), Nov. 4, 1992, 106 Stat. 4996; Pub. L. 105–277, div. A, §101(b) [title I, §129(a)(2)(D)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–76, related to technical assistance and training functions, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.
#### § 96.57 Scope.

The provisions in this subpart establish the procedures for when the accrediting entity issues decisions on applications for accreditation or approval.

[79 FR 40635, July 14, 2014]
### §3142. Base closings and realignments

Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term.

(Pub. L. 89–136, title II, §202, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3602.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3142, Pub. L. 89–136, title II, §202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93–423, §4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, §§107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105–393, §102(a).

A prior section 3142–1, Pub. L. 91–596, §28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93–237, §2(c), Jan. 2, 1974, 87 Stat. 1024, which authorized loans for small business compliance with occupational safety and health standards, was omitted from the Code in view of the repeal of subchapter II of this chapter by Pub. L. 105–393.

A prior section 3142a, Pub. L. 89–298, title II, §217, Oct. 27, 1965, 79 Stat. 1088, which authorized purchase of indebtedness and loans for waterways projects, was transferred to section 2220 of Title 33, Navigation and Navigable Waters.

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

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
#### Edward Kelly, appellant, v. Thomas Morgan, appellee.

Assumpsit for price of materials and labor furnished in installation of hot water heating plant in barber shop. Judgment in favor of defendant. Appeal from the Circuit Court of Hancock county; the *671Hon. Willis F. Graham, Judge, presiding. Heard in this court at the October term, 1922.

Reversed and remanded.

Opinion filed April 23, 1923.

Lee Siebenborn and Samuel Naylor, for appellant. Scofield, Califf & Bell and O’Harra, O’Harra & O’Harra, for appellee.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.
#### Linda M. Hiller et al., Appellants, v Firemen's Ins. Co. of Newark, New Jersey, et al., Respondents.

Appeal from an order of the Supreme Court at Special Term, entered April 5, 1977 in Rensselaer County, which granted defendant’s motion for summary judgment dismissing plaintiffs’ action for declaratory judgment. A standard policy of insurance entitled "Workmen’s Compensation and Employers’ Liability Policy” issued by defendant was in effect when plaintiff Linda Hiller sustained an injury in the course of her employment. Coverage A provided for the payment of all compensation required of the employer under the Workmen’s Compensation Law and, under Coverage B, the employer was also insured for damages awarded for bodily injury caused by accident or disease to an employee occurring in the course of employment. Mrs. Hiller’s injury is expressly deemed an accident by the terms of the policy. In this action plaintiffs seek a declaration that defendant must pay any damages in an action by her against the employer. In view of the clear and unambiguous terms of the policy, plaintiffs cannot succeed and a declaration to that effect is plainly in order *(Government Employees Ins. Co. v Kligler,*42 NY2d 863). The policy in question expressly excludes liability under Coverage B where the insured employer may be liable under the provision of the Workmen’s Compensation Law and plaintiffs’ exclusive remedy, one which is now being pursued, must be in accordance with that law. Plaintiffs’ additional argument of "waiver” by defendant is equally without merit since there was never any initial requirement that defendant act *(Lionel Freedman, Inc. v Glens Falls Ins. Co.,*27 NY2d 364). Order modified, on the law, without costs, by directing that a judgment be entered declaring that defendant is not required to pay any judgment that plaintiff Linda Hiller may recover against her employer, and, as so modified, affirmed. Sweeney, J. P., Kane, Staley, Jr., Larkin and Herlihy, JJ., concur.
#### Leonard F. Dakin, Respondent, v Henry E. Grossman et al., Appellants.

In an action to recover a brokerage commission, the defendants appeal from: (1) a judgment of the Supreme Court, Westchester County, entered February 18, 1976, which is in favor of the plaintiff-respondent and against them, after a nonjury trial; and (2) an order of the same court, dated February 11, 1976, which, *inter*alia,.denied their motion for (a) reargument of a prior decision and (b) a new trial. Judgment reversed, on the facts, and complaint dismissed. Appeal from the order dismissed: (a) on the ground that no appeal lies from the denial of a motion for reargument of a decision; and (b) as academic in the light of the disposition of the appeal from the judgment. Plaintiff is awarded one bill of costs to cover both appeals. No meeting of the minds of the parties with respect to all the essential contract terms was ever reached and hence plaintiff is not entitled to a brokerage commission (see *Kaelin v Warner,*27 NY2d 352; *Arnold v Schmeidler,*144 App Div 420; *House v Hornburg,*267 App Div 557). The trial court erroneously concluded that the owner had intended for this to be an all cash transaction and that he acted in bad faith in declining the sale. The record, however, supports a contrary finding. Accordingly, the agreement failed for want of an essential term, viz., the manner of payment. Martuscello, J. P., Cohalan, Damiani and Titone, JJ., concur.
§ 93.2 Notice of suit (or of default judgment). ( a ) A Notice of Suit prescribed in section 1608(a) of title 28, United States Code, shall be prepared in the form that appears in the Annex to this section.
( b ) In preparing a Notice of Suit, a party shall in every instance supply the information specified in items 1 through 5 of the form appearing in the Annex to this section. A party shall also supply information specified in item 6, if notice of a default judgment is being served.
( c ) In supplying the information specified in item 5, a party shall in simplified language summarize the nature and purpose of the proceeding (including principal allegations and claimed bases of liability), the reasons why the foreign state or political subdivision has been named as a party in the proceeding, and the nature and amount of relief sought. The purpose of item 5 is to enable foreign officials unfamiliar with American legal documents to ascertain the above information.
( d ) A party may attach additional pages to the Notice of Suit to complete information under any item.
( e ) A party shall attach, as part of the Notice of Suit, a copy of the Foreign State Immunities Act of 1976 (Pub. L. 94-583; 90 Stat. 2891).
Annex Notice of Suit (or of Default Judgment[1]
) 1. Title of legal proceeding; full name of court; case or docket number. 2. Name of foreign state (or political subdivision) concerned: 3. Identity of the other Parties: Judicial Documents 4. Nature of documents served (e.g., Summons and Complaint; Default Judgment): 5. Nature and purpose of the proceedings; why the foreign state (or political subdivision) has been named; relief requested: 6. Date of default judgment (if any): 7. A response to a “Summons” and “Complaint” is required to be submitted to the court, not later than 60 days after these documents are received. The response may present jurisdictional defenses (including defenses relating to state immunity). 8. The failure to submit a timely response with the court can result in a Default Judgment and a request for execution to satisfy the judgment. If a default judgment has been entered, a procedure may be available to vacate or open that judgment. 9. Questions relating to state immunities and to the jurisdiction of United States courts over foreign states are governed by the Foreign Sovereign Immunities Act of 1976, which appears in sections 1330, 1391(f), 1441(d), and 1602 through 1611, of Title 28, United States Code (Pub. L. 94-583; 90 Stat. 2891). [1] Relevant only if items 4 and 6 indicate that a default judgment has occurred.
(Sec. 1608(a), Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583 (28 U.S.C. 1608(a)); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658))
[42 FR 6367, Feb. 2, 1977]