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

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Cancer Institute Special Emphasis Panel Cancer Prevention, Control, Behavioral and Population Sciences Career Development Award (K07) PAR-04-055.                    

*Date:*                         January 27, 2005.                    

*Time:*                         2 p.m. to 3 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6116 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call).                    

*Contact Person:*                         Robert Bird, PhD, Scientific Review Administrator, Resources and Training Review Branch, National Cancer Institute, National Institutes of Health, 6116 Executive Blvd., MSC 8328, Room 8113, Bethesda, MD 20892-8328, (301) 496-7978,                         *birdr@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS.)

Dated: December 20, 2004

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 04-28319  Filed 12-27-04; 8:45 am]

BILLING CODE 4140-01-M
§ 521.16 Disqualification of reviewing official or ALJ. ( a ) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.
( b ) A party may file with the ALJ a motion for disqualification of a reviewing official or ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.
( c ) Such motion and affidavit shall be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections shall be deemed waived.
( d ) Such affidavit shall state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.
( e ) Upon the filing of such a motion and affidavit, the ALJ shall proceed no further in the case until he or she resolves the matter of disqualification in accordance with paragraph (f) of this section.
( f ) ( 1 ) If the ALJ determines that the reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.
( 2 ) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.
( 3 ) If the ALJ denies a motion to disqualify, the Director may determine the matter only as part of his or her review of the initial decision upon appeal, if any.
D ea r S h i r l e y R i v e r a

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A i r A c t

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t he po l l u t ed a i r

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i n c r ea s ed m o r t a l i t y and m ed i c a l e x p e n s e o f b r ea t h i ng po l l u t ed a i r

. I u s e d t o s u f f e r f r o m a s t h m a a nd I k no w i t s

im p a c t on c h il d h ood and adu l t li f e

.

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, t h e r e w o u l d be one l e ss p l an t c o n t r i b u t i ng t o g l o b a l w a r m i ng

. B u r n i ng na t u r a l ga s

c r e a t e s a l m o s t a s m u c h g r e e n h ou s e g a s a s bu r n i ng c o a l ; I i n c l ude t h e i m p a c t o f ob t a i n i ng t h e t w o f o ss i l f ue l s

. K e r n C o u n t y ha s app r o v ed t h e M a r i c o p a S u n s o l a r p l a n t an d s en t n o t i c e s o f p r e pa r a t i on f o r D EI R s on t w o o t h e r s

.



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04 / 05 / 2011 01 : 49 P M

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H i d e D e t a i l s

F r o m: A r t hu r U ng e r

T o : R 9 A i r P e r mit s @ E P A

C c : A r t hu r D U ng e r P a g e 1 o f 2

4 / 14 / 2011T he r e i s i n t en t t o b u il d m an y b i g s o l a r P V and s o l a r t h e r m a l p l an t s o n t he w e s t s i de o f t he S an J o aqu i n V a l l e y

.

T he s e

, p l u s s o l a r o n o u r r oo f s a nd pa r k i ng l o t s

, c on s e r v a t i on

, e ff i c i en cy and o t h e r i n t e r m i t t e n t en e r g y s ou r c e s w ill

s u f f i c e w i t h ou t s a c r i f i c i ng ou r hea l t h an d w o r s en i ng c l i m a t e c ha n ge

. W h a t li tt l e na t u r a l ga s t he w o r l d u s e s s hou l d

be d e v o t e d t o t r an s p o r t a t i on

.

T han k y ou f o r t h e o ppo r t un i t y t o c o m m en t,

A r t hu r U nge r 

### P a g e 2 o f 2

4 / 14 / 2011
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2548 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2548

          To suspend temporarily the duty on Pigment Brown 25.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2005

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

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on Pigment Brown 25.

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

SECTION 1. PIGMENT BROWN 25.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.09.82      Pigment Brown 25    Free         No change        No change        On or before 12/  ''.
                         (CAS No. 6992-11-                                                  31/2008
                         6) (provided for
                         in subheading
                         3204.17.04)......

    (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>
```
### §7271b. Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(f), Oct. 5, 1999, 113 Stat. 970

Section, Pub. L. 104–201, div. C, title XXXI, §3155, Sept. 23, 1996, 110 Stat. 2841, related to requirement for annual five-year budget for national security programs of Department of Energy.

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

#### Effective Date of Repeal

Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
§ 512.4 Conformance to law and regulations. ( a ) The requirements of applicable law (31 U.S.C. 3701-3719 as amended by Pub. L. 97-365, (96 Stat. 1749) have been implemented in Government-wide standards: ( 1 ) The regulations of the Office of Personnel Management (5 CFR part 550).
( 2 ) The Federal Claims Collection Standards issued jointly by the General Accounting Office and the Department of Justice (4 CFR parts 101-105), and
( 3 ) The procedures prescribed by the Office of Management and Budget in Circular A-129 of May 9, 1985.
( b ) Not every item in the above described standards has been incorporated or referenced in this regulation. To the extent, however, that circumstances arise which are not covered by the terms stated in this regulation, Broadcasting Board of Governors will proceed in any actions taken in accordance with applicable requirements found in the sources referred to in paragraphs (a)(1), (2), and (3) of this section.
### §4413a. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 92–383, title IV, §406, Aug. 14, 1972, 86 Stat. 553, which related to Housing and Urban Development Disaster Assistance Fund, and which was enacted as part of the Department of Housing and Urban Development; Space, Science, Veterans' and Certain Other Independent Agencies Appropriation Act, 1973, and not as part of the Disaster Relief Act of 1970, was transferred to section 3539 of this title.
#### George E. HARRISON, Sr., Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2007-7147.

United States Court of Appeals, Federal Circuit.

May 11, 2007.

ON MOTION

ORDER

Upon consideration of George E. Harrison, Sr.’s unopposed motion to voluntarily dismiss his appeal,

IT IS ORDERED THAT:

*901(1) The motion is granted.

(2) Each side shall bear its own costs.
ex10_5.htm








Exhibit 10.5


 


AMENDMENT #1 TO EMPLOYMENT AGREEMENT




 


ePlus inc. (the “Company”), a Delaware corporation, and Steven J. Mencarini (the “Executive”) (collectively, “the Parties”) have previously entered into an Employment Agreement (the “Agreement”), effective September 30, 2009.  The Parties hereby agree to this Amendment #1 (“Amendment #1”)


 


1.           Paragraph 2(b) of the Agreement shall be replaced in its entirety with the following:


 


(b) “Employment Term” shall be the period from the date of the last signature below through and including September 30, 2011.


 


2.           The last sentence of Section 5(b) shall be replaced with the following:


 


In no event will any bonus earned under this Section 5(b) be paid later than the next December 31st following the fiscal year in which the bonus was earned, unless calculation of the bonus is not administratively practicable by that date, and further delay would not violate Code Section 409A.


 


3.           Subsection 7(c)(5) shall be added which reads as follows:


 


              (5)           Any release and certification required from the Executive under the first paragraph of this Section 7(c) shall be on the form attached as Exhibit 1 unless the Company has provided Executive a different form on or before his termination of employment.  The applicable release and certification must be signed and returned by Executive to the Company within twenty one (21) days of the date of termination of employment and not revoked in order for Executive to be entitled to payments under Section 7(c).  Except as provided by subsection 7(c)(4), provided the requirements of this subsection are met, any lump sum payment due Executive under subsection 7(c)(1), (2),  or (3) shall be paid on the last day of the thirty (30) day, sixty (60) day or other applicable period in which the Company may make such payment in compliance with the applicable provision.


 


4.           Sample Release and Certification


 


The Sample Release included as Exhibit 1 to the Agreement shall be amended to include the following as the penultimate sentence:


 


Employee hereby certifies he has complied with Sections 8, 9, 10, 11 and 12 of his Employment Agreement (confidentiality, intellectual property, non-compete, non-solicit, conflict of interest and return of property provisions).


 


No other provision of the Agreement is affected by this Amendment #1.


 


 



	
/s/ Phillip G. Norton 

	 	
/s/ Steven J. Mencarini

	 
	
Phillip G. Norton

	 	
Steven J. Mencarini

	 
	
Chief Executive Officer

	 	
Senior Vice President, Business Operations

	 
	
Date: September 16, 2010

	 	
Date: September 14, 2010
### §5732a. Transferred

#### **Editorial Notes**

#### Codification

Section 5732a was editorially reclassified as section 11279 of Title 34, Crime Control and Law Enforcement.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

Page 1 of 3

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DAVID CASIMIRO BRAVO-CUEVAS,

 Defendant - Appellant.

No. 11-10166

D.C. No. 2:02-cr-01002-SRB-1

MEMORANDUM*

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DAVID CASIMIRO BRAVO-CUEVAS,

 Defendant - Appellant.

No. 11-10167

D.C. No. 2:10-cr-00501-SRB-1

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Argued and Submitted June 12, 2012

San Francisco, California

FILED

JUN 21 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 The government argues that Bravo-Cuevas waived this argument by failing 1

to raise it in his prior appeal. We need not resolve this issue because BravoCuevas’ claim fails on the merits. 

Page 2 of 3

Before: D.W. NELSON, RAWLINSON, and IKUTA, Circuit Judges.

Appellant David Bravo-Cuevas appeals the district court’s revocation of his

supervised release and the sentences the district court imposed for violation of his

supervised release conditions, and following his conviction for illegal reentry. 

Contrary to Bravo-Cuevas’ argument, the twenty-seven month term of 1

supervised release he received in 2009 was validly imposed. See United States v.

Cade, 236 F.3d 463, 466 (9th Cir. 2000) (“As provided by [18 U.S.C.] §

3583(e)(3), a defendant is not entitled to credit against the revocation sentence for

time served on supervised release before revocation . . . .”).

The district court did not violate the Double Jeopardy Clause by imposing a

77-month sentence for Bravo-Cuevas’ new violation of 8 U.S.C. § 1326 as well as

a consecutive 6-month sentence for violation of his supervised release conditions,

despite the fact that both violations resulted from the same conduct. See United

States v. Soto-Olivas, 44 F.3d 788, 790-91 (9th Cir. 1995). The transcript of the
Page 3 of 3

sentencing hearing indicates that the district court appropriately imposed the 6-

month sentence as a sanction for Bravo-Cuevas’ breach of trust, and not “solely, or

even primarily based on the severity of the new criminal offense underlying the

revocation . . .” United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007)

(citation omitted) (emphasis added); see also United States v. Hammons, 558 F.3d

1100, 1104 (9th Cir. 2009). 

AFFIRMED.
Case 3:09-cv-00109-SC Document 34 Filed 02/01/10 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:09-cv-00109-SC Document 34 Filed 02/01/10 Page 2 of 2
#### CALLAHAN, Respondent, v. YONKERS R. CO., Appellant.

(Supreme Court, Appellate . Division, Second Department.

March 24, 1905.)

Action by Catharine Callahan against the Yonkers Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs.
#### The People of the State of New York, Respondent, v Saverio Joseph Senape, Appellant.

[716 NYS2d 877]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered March 14, 1996, convicting him of grand larceny in the second degree, unauthorized practice of a profession, offering a false instrument for filing in the first degree (eight counts), and falsifying business records in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*GPL 470.15 [5]).

The defendant’s remaining contentions, including those raised in his supplemental *pro se*brief, are without merit. O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.
§ 103.9 Final agency decision after settlement negotiations. ( a ) *Settlements based on letter of intent to charge* — ( 1 ) *Approval of settlement.* Pursuant to § 719.5(b) of the CWCR (15 CFR parts 710 through 722), the Department of Commerce may notify a respondent by letter of the intent to charge. If, following the issuance of such a letter of intent to charge, the Department of Commerce and respondent reach an agreement to settle a case, the Department of Commerce will recommend the proposed settlement to the Secretary. If the recommended settlement is in accordance with applicable law the Secretary will approve and sign it. No action is required by the ALJ in cases where the Secretary approves and signs such a settlement agreement and order.
( 2 ) *Refusal to approve settlement.* If the Secretary refuses to approve the recommended settlement, the Secretary will notify the parties and the case will proceed as though no settlement proposal had been made.
( b ) *Settlements following issuance of a NOVA* — ( 1 ) *Approval of settlement.* When the Department of Commerce and respondent reach an agreement to settle a case after administrative proceedings have been initiated before an ALJ, the Department of Commerce will recommend the settlement to the Secretary of State. If the recommended settlement is in accordance with applicable law, the Secretary will approve and sign it. If the Secretary approves the settlement, the Secretary shall notify the ALJ that the case is withdrawn from adjudication.
( 2 ) *Refusal to approve settlement.* If the Secretary of State refuses to approve the recommended settlement, the Secretary will notify the parties of the disapproval, and the case will proceed as though no settlement proposal had been made.
( c ) *Scope of settlement.* Any respondent who agrees to an order imposing any administrative sanction does so solely for the purpose of resolving the claims in the administrative enforcement proceeding brought pursuant to this part. This reflects the fact that the Government officials involved have neither the authority nor the responsibility for initiating, conducting, settling, or otherwise disposing of criminal proceedings. That authority and responsibility is vested in the Attorney General and the Department of Justice.
( d ) *Finality.* Cases that are settled may not be reopened or appealed.
### §3797ff–3. Transferred

#### **Editorial Notes**

#### Codification

Section 3797ff–3 was editorially reclassified as section 10704 of Title 34, Crime Control and Law Enforcement.
### §6966b. Use of granular mine tailings

#### (a) Mine tailings

#### (1) In general

Not later than 180 days after August 10, 2005, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as "chat", for—

(A) cement or concrete projects; and

(B) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.

#### (2) Requirements

In establishing criteria under paragraph (1), the Administrator shall consider—

(A) the current and previous uses of granular mine tailings as an aggregate for asphalt; and

(B) any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings.

#### (3) Public participation

In establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public.

#### (4) Applicability of criteria

On the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a transportation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1).

#### (b) Effect of sections

Nothing in this section or section 6966a of this title affects any requirement of any law (including a regulation) in effect on August 10, 2005.

(Pub. L. 89–272, title II, §6006, as added Pub. L. 109–59, title VI, §6018(a), Aug. 10, 2005, 119 Stat. 1890.)

#### **Editorial Notes**

#### References in Text

Section 6966a of this title, referred to in subsec. (b), was in the original "section 6005" meaning section 6005 of Pub. L. 89–272, which was translated as meaning the section 6005 of Pub. L. 89–272 as added by section 6017(a) of Pub. L. 109–59, to reflect the probable intent of Congress.