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

109TH CONGRESS 

1ST SESSION H. R. 2734 

To amend title 38, United States Code, to enhance the authority of the 

Department of Veterans Affairs to recover from third parties costs of 

medical care furnished to veterans and other persons by the Department. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005 

Mr. SMITH of New Jersey introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to enhance the 

authority of the Department of Veterans Affairs to recover from third parties costs of medical care furnished 

to veterans and other persons by the Department. 

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

3 SECTION 1. RECOVERY BY THE DEPARTMENT OF VET4 ERANS AFFAIRS OF COSTS OF CERTAIN 

5 HEALTH CARE SERVICES. 

6 (a) SCOPE OF RECOVERY AUTHORITY.—Subsection 

7 (i) of section 1729 of title 38, United States Code, is 

8 amended— 
2 

•HR 2734 IH 

1 (1) in paragraph (1)(B), by striking clause (i) 

2 and redesignating clauses (ii), (iii), and (iv) as 

3 clauses (i), (ii), and (iii), respectively; and 

4 (2) in paragraph (3)— 

5 (A) by redesignating subparagraphs (A) 

6 through (D) as subparagraphs (B) through (E), 

7 respectively; and 

8 (B) by inserting before subparagraph (B), 

9 as so redesignated, the following new subpara10 graph (A): 

11 ‘‘(A) a department or agency of the United 

12 States other than the Department;’’. 

13 (b) CONFORMING AMENDMENTS.—Subsection (a)(1) 

14 of such section is amended— 

15 (1) by inserting ‘‘(A)’’ after ‘‘if’’; 

16 (2) by inserting ‘‘, or (B) the person had in17 curred a legal liability to pay for such care or serv18 ices’’ before the period; and 

19 (3) by inserting at the end the following new 

20 sentence: ‘‘The preceding sentence applies notwith21 standing any other provision of law, other than a 

22 law enacted after the date of the enactment of this 

23 sentence that is expressly stated as an exception or 

24 limitation to this section.’’. 
3 

•HR 2734 IH 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply only with respect to care and serv3 ices furnished under chapter 17 of title 38, United States 

4 Code, on or after the date of the enactment of this Act. 

Æ
§ 100.202 General prohibitions against discrimination because of handicap. ( a ) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of— ( 1 ) That buyer or renter;
( 2 ) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
( 3 ) Any person associated with that person.
( b ) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of— ( 1 ) That buyer or renter;
( 2 ) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
( 3 ) Any person associated with that person.
( c ) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a handicap or to make inquiry as to the nature or severity of a handicap of such a person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: ( 1 ) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
( 2 ) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;
( 3 ) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;
( 4 ) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;
( 5 ) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
( d ) Nothing in this subpart requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
#### Peter G. McKiernan, Appellant, v Mary J. McKiernan, Respondent. Michelle L. Berman et al., Nonparty Respondents.

[715 NYS2d 902]

—In a matrimonial action in which the parties were divorced by judgment dated December 12, 1997, the plaintiff former husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Shapiro, J.), dated January 14, 1999, as (1) directed a hearing to determine whether he was in contempt for failing to pay certain expenses, and (2) denied that branch of his cross motion which was to direct the receivers Peter Goodrich and Kevin Kitson to perform an accounting.

Ordered that the appeal from so much of the order as *434directed a hearing is dismissed, without costs or disbursements; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion which was to direct an accounting by the receiver Kevin Kitson and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order as directed a hearing is dismissed since no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted *(see, Matter of Chiakpo v Obi,*255 AD2d 579; *Palma v Palma,*101 AD2d 812).

The court properly denied that branch of the plaintiffs cross motion which was for an accounting by the receiver Peter Goodrich, since Goodrich was discharged from his duties and the plaintiff consented to the discharge *(cf., Columbus Realty Inv. Corp. v G & S Winding Rd.,*257 AD2d 592; *Matter of Frankle,*241 App Div 767). However, the court improperly denied that branch of the cross motion which was for an accounting by the receiver Kevin Kitson *(see,*CPLR 6404).

The plaintiffs contention that the court improperly denied his motion to hold the defendant in contempt is not properly before this Court as that motion was not decided in the order appealed from.

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Thompson, S. Miller and Feuerstein, JJ., concur.
#### Dezso Ivan, Appellant, et al., Plaintiff, v. Hertz Corporation et al., Respondents.

Order, entered on June 24, 1959, denying plaintiff’s application for a preference pursuant to subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur—Botein, P. J., Rabin, Stevens and Eager, JJ.
### §6216. Annual Home Heating Readiness Reports

#### (a) In general

On or before September 1 of each year, the Secretary, acting through the Administrator of the Energy Information Agency, shall submit to Congress a Home Heating Readiness Report on the readiness of the natural gas, heating oil and propane industries to supply fuel under various weather conditions, including rapid decreases in temperature.

#### (b) Contents

The Home Heating Readiness Report shall include—

(1) estimates of the consumption, expenditures, and average price per gallon of heating oil and propane and thousand cubic feet of natural gas for the upcoming period of October through March for various weather conditions, with special attention to extreme weather, and various regions of the country;

(2) an evaluation of—

(A) global and regional crude oil and refined product supplies;

(B) the adequacy and utilization of refinery capacity;

(C) the adequacy, utilization, and distribution of regional refined product storage capacity;

(D) weather conditions;

(E) the refined product transportation system;

(F) market inefficiencies; and

(G) any other factor affecting the functional capability of the heating oil industry and propane industry that has the potential to affect national or regional supplies and prices;

(3) recommendations on steps that the Federal, State, and local governments can take to prevent or alleviate the impact of sharp and sustained increases in the price of natural gas, heating oil, and propane; and

(4) recommendations on steps that companies engaged in the production, refining, storage, transportation of heating oil or propane, or any other activity related to the heating oil industry or propane industry, can take to prevent or alleviate the impact of sharp and sustained increases in the price of heating oil and propane.

#### (c) Information requests

The Secretary may request information necessary to prepare the Home Heating Readiness Report from companies described in subsection (b)(4).

(Pub. L. 94–163, title I, §108, as added Pub. L. 106–469, title VI, §605(a), Nov. 9, 2000, 114 Stat. 2042.)
#### The People of the State of New York ex rel. Herbert Smith, Respondent, v New York State Board of Parole et al., Appellants.

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme *613Court, Dutchess County, dated September 28, 1976, which, *inter alia,*directed petitioner’s restoration to parole status. Appeal dismissed as academic, without costs or disbursements. It appears that petitioner was released from parole supervision on January 18, 1977. Hopkins, J. P., Rabin, Hawkins and O’Connor, JJ., concur.
#### § 711.140 Employment.

No qualified individual with handicaps shall, on the basis of handicap, be subject to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.
```

[House Report 112-230]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-230

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
 2832) TO EXTEND THE GENERALIZED SYSTEM OF PREFERENCES, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  October 3, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Dreier, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 418]

    The Committee on Rules, having had under consideration 
House Resolution 418, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the bill 
(H.R. 2832) to extend the Generalized System of Preferences, 
and for other purposes, and the Senate amendment thereto. The 
resolution makes in order a motion offered by the chair of the 
Committee on Ways and Means or his designee that the House 
concur in the Senate amendment to H.R. 2832. The resolution 
waives all points of order against consideration of the motion. 
The resolution provides that the Senate amendment shall be 
considered as read. Finally, the resolution provides for one 
hour of debate on the motion equally divided and controlled by 
the chair and ranking minority member of the Committee on Ways 
and Means.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the motion, the Committee is not aware of any 
points of order against consideration of the motion. The waiver 
of all points of order against consideration of the motion is 
prophylactic in nature.

                                  

```
#### Gerardo Urbano, Respondent, v 710 Amsterdam Associates, L.L.C., Appellant, et al., Defendant.

[835 NYS2d 35]

Order, Supreme Court, New York County (Louis B. York, J.), entered February 28, 2006, which, in an action for personal injuries sustained when plaintiff was assaulted in defendant restaurant, denied defendant landlord’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint as against defendant 710 Amsterdam Associates, L.L.C.

The record establishes that defendant transferred full possession and control of the space where the assault occurred to the restaurant’s owners, and never exercised any control whatsoever over either the operation of the restaurant or the conduct of its patrons. Therefore, defendant cannot be held hable on the theory that it failed in its common-law duty to take reasonable measures to secure the restaurant against foreseeable criminal activity *(see Hamilton v Beretta U.S.A. Corp.,*96 NY2d 222, 232-*300233 [2001]), even if it was on notice of the history of criminal activity at the restaurant (see *id.*at 232 [foreseeability alone does not define duty; it merely determines the scope of the duty once it is determined to exist]). Nor can defendant be held liable under Real Property Law § 231 (2). A restaurant is not an “unlawful trade, manufacture or business.” To the extent plaintiff invokes the restaurant’s repeated violations of the Alcoholic Beverage Control Law, while the record tends to show a correlation between past incidents of violence at the restaurant and inebriation, there is no evidence of a causal relationship between the assault committed on plaintiff and the restaurant’s violation of a particular provision of the Alcoholic Beverage Control Law (see *Maria S. v Willow Enters.,*234 AD2d 177, 178-179 [1996]). We have considered and rejected plaintiff’s other arguments. Concur—Andrias, J.P., Friedman, Marlow, Nardelli and Catterson, JJ.
§ 712.300 Professional and technical services. ( a ) The prohibition on the use of appropriated funds, in § 712.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the 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 ) The reporting requirements in § 712.110 (a) and (b) regarding filing a disclosure form by each person, if required, shall not apply with respect to professional or technical services rendered directly in the preparation, submission, or negotiation of any commitment providing for the United States to insure or guarantee a loan.
( c ) 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 or 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.
( d ) 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.
( e ) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
( f ) Only those services expressly authorized by this section are allowable under this section.
#### § 5.5. The Foreign Affairs Manual and the Foreign Affairs Handbook.

The Department articulates official guidance, including procedures and policies, on matters relating to Department management and personnel in the Foreign Affairs Manual (FAM) and the Foreign Affairs Handbook (FAH) series. Some of these directives are promulgated pursuant to statute, such as the Secretary of State's authority to prescribe regulations for the Foreign Service as provided in Section 206 of the Foreign Service Act of 1980, as amended, 22 U.S.C. 3926. The FAMs and FAHs that are publicly available are located on the Department's public website, at *https://fam.state.gov/.*
14. 4-Digit Facility Identification Code: SIC Code: 4911 SIC Description: Electric Services**-=~~~-------------------------------** NAICS Code: 221119 

# ---------- NAICS Description: Other Electric Power Generation 15. Description of general production process and operation for which a permit is being requested. If necessary, attach additional sheets to givean adequate description. Include layout drawings, as necessary, to describeeach process. References should be madeto sourcecodes used in theapplication. Currently, Plant Yates includes seven steam-electric generating units that are primarily coal-fired. Natural gas burners and ignitors will be installed on Yates Units 6 and 7 to allow Units 6 and 7to operate at full capacity on 100% natural gas. A new natural gas-fired water bath gas heaterwill be installed atthe existing pressure and flow conditioning station on-site, functionally replacing asmaller, existing natural gas heatercurrently located at an off-site metering station. An existing on-site 72,000-gallon fuel oil tank currentlysupplies fuel to the existing emergency generators and compressorfor Units 6 and 7 as well as to Units 6and 7 forsupportfuel. This 72,000-gallon tank will be emptied and retired and a new 5,000 gallon fuel oil tankthat will supplythe existing emergency generators and compressor onlywill be installed at a different location. Contemporaneous with the natural gas projects at Units 6 and 7, Units 1, 2, 3, 4, and 5 at PlantYates and two 38,000-gallon fuel oil tanks serving Units 1-5 will be retired.

16. Additional information provided in attachments as listed below: AttachmentA - See the accompanying permit application narrative and proposed permit revisions Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - 17. Additional Information: Unless previouslysubmitted, includethe following two items: 

# 12J Plot plan/map of facility location or date of previous submittal: Included in Required Documents Section of the accompanying Title Vapplication 

# 12J Flow Diagram ordate of previous submittal: Included in Required Documents Section ofthe accompanying Title V application
18. Other Environmental Permitting Needs: Will this facility/modification triggerthe need for environmental permits/approvals (otherthan air) such as Hazardous Waste Generation, Solid Waste Handling, Waterwithdrawal, waterdischarge, SWPPP, mining, landfill, etc.? 

# 12J No DYes, please list below:

Georgia SIPApplication Form 1.00, rev. October2012 Page 4 of4
§ 902.2 Board operations. ( a ) The Board may operate either as a whole, or through panels or individual members designated by the chairperson.
( b ) When operating as a whole, the Board may not act in the absence of a quorum. A majority of the members shall constitute a quorum. The Board will act by a majority vote of those present. Amendments to these regulations and Board policies adopted pursuant to § 910.3 shall be adopted by the Board operating as a whole.
( c ) Board panels and presiding members of panels shall be designated by the chairperson subject only to the provisions of § 906.4.
[50 FR 31354, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]
#### Gladys Linn, Defendant in Error, v. United Brotherhood of Carpenters and Joiners of America, Plaintiff in Error.

Gen. No. 20,152.

(Not to be reported in full.)

Abstract of the Decision.

Insurance, § *788*
      ***
      *—when use of intoxicants precludes recovery.*In an action to recover a funeral benefit, *held*that the greater preponderance of evidence showed that the plaintiff’s' intestate died from the effects of the excessive use of alcoholic liquors, and under the constitution of defendant’s society, plaintiff was not entitled to benefits, wherefore a' verdict in favor of the plaintiff was manifestly wrong.

Error to the Municipal Court of Chicago; the Hon. Joseph Sabath, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Reversed and remanded.

Opinion filed January 5, 1915.

¡Statement of the Case.

Action by Gladys Linn against the United Brotherhood of Carpenters and Joiners of America to recover a funeral donation or benefit of two hundred dollars, plaintiff being the widow of Robert Linn, who was a member of defendant Brotherhood. Defendant claimed that the death of Linn was caused by intemperance or his own improper conduct; that he died of *delirium tremens*and that under the constitution of the Brotherhood he was not entitled to any funds. The case was tried before the court with a jury and a verdict was returned in favor of plaintiff for two hundred dollars, upon which judgment was entered, whereupon the defendant brought error. .

Frank Foster, for plaintiff in error.

No appearance for defendant in error.

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

Mr. Justice Smith

delivered the opinion of the court.