alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §428. Omitted

#### **Editorial Notes**

#### Codification

Section, act June 4, 1956, ch. 355, title V, §503, 70 Stat. 240, related to options to purchase lands and was superseded by section 2268a of this title. Similar provisions were contained in the following prior appropriation acts:

May 23, 1955, ch. 43, title V, §503, 69 Stat. 63.

June 29, 1954, ch. 409, title V, §503, 68 Stat. 318.

July 28, 1953, ch. 251, title IV, §403, 67 Stat. 224.

July 5, 1952, ch. 574, title IV, §403, 66 Stat. 355.

Aug. 31, 1951, ch. 374, title IV, §403, 65 Stat. 246.

Sept. 6, 1950, ch. 896, Ch. VI, title IV, §407, 64 Stat. 657.

June 29, 1949, ch. 280, title I, 63 Stat. 325.

June 19, 1948, ch. 543, title I, 62 Stat. 508.

July 30, 1947, ch. 356, title I, 61 Stat. 523.

June 22, 1946, ch. 445, 60 Stat. 271.

May 5, 1945, ch. 109, 59 Stat. 136.

June 28, 1944, ch. 296, 58 Stat. 426.

July 12, 1943, ch. 215, 57 Stat. 393.

July 22, 1942, ch. 516, 56 Stat. 665.

July 1, 1941, ch. 267, 55 Stat. 408.

June 25, 1940, ch. 421, 54 Stat. 532.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 23, 2015

s1216

Order 

Clerk

December 23, 2015

151524

SBC HEALTH MIDWEST, INC.,

Petitioner-Appellee,

v SC: 151524

COA: 319428

Tax Tribunal: 00-416230

CITY OF KENTWOOD,

Respondent-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 19, 2015 

judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall 

address whether the tax exemptions set forth under MCL 211.9(1)(a) are available to a 

for-profit educational institution.
#### State Division of Human Rights, Respondent, v Genesee Brewing Co., Inc., Petitioner.

— Order of appeal board unanimously affirmed, without costs. Memorandum: In its petition brought pursuant to section 298 of the Executive Law, petitioner seeks to annul an order of the appeal board made July 10, 1978 which reversed a determination of the State Division of Human Rights made October 28, 1976 finding no probable cause for the complaint of Mr. Miller, a former employee of petitioner. In his complaint, dated October 1, 1976, Mr. Miller alleges that he was discriminated against and unlawfully denied employment on account of his physical disability and age. On the record presented we cannot say that the appeal board abused its discretion in reversing the division’s determination (see *State Div. of Human Rights v New York State Drug Abuse Control Comm.,*59 AD2d 332). The record contains statements by physicians indicating that Mr. Miller was partially disabled and could perform light work. The only witnesses interviewed by the division were Mr. Miller and Mr. Harkins, the personnel director of petitioner. There appears to have been an insufficient investigation of Mr. Miller’s assertion that petitioner had openings for positions requiring light work which he could perform and for which he was qualified. The record does not demonstrate that there has been a thorough and careful -inquiry during which Mr. Miller was given a full opportunity to present his contentions so that the division could properly conclude that there was virtually no basis for the complaint *(Mayo v Hopeman Lbr. & Mfg. Co.,*33 AD2d 310, 313; see *State Div. of Human Rights v New York State Drug Abuse Control Comm., supra).*Furthermore, we do not agree that at this stage of the proceeding the division has been divested of jurisdiction because of the delay in determining the appeal in excess of the 270 days permitted by Executive Law (§ 297-a, subd 4, as amd by L 1977, ch 729, § 3). As we held in *State Div. of Human Rights v Pennwalt Corp.*(66 AD2d 1006, 1007), "It remains the rule under the amended statute that these time limits are directory and not mandatory”. (See, also, *Matter of Tessy Plastics Corp. v State Div. of Human Rights,*62 AD2d 36.) While we do not approve of what appears to have been an unwarranted tardiness in deciding the appeal, "delay attributable solely to the administrative agency should not operate to foreclose relief to an innocent complainant who is not responsible for it.” *Matter of Tessy Plastics Corp. v State Div. of Human Rights, supra,*p 40; *1079see, also, *Matter of Liverpool Cent. School Dist. v State Div. of Human Rights,*46 AD2d 1004.) (Proceeding pursuant to Executive Law, § 298.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan and Doerr, JJ.
### §3201. Funds appropriated or otherwise made available pursuant to other provisions of law

The sums appropriated and allocated to States and eligible institutions under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable, shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to such States and institutions pursuant to other provisions of law.

(Pub. L. 95–113, title XIV, §1439, Sept. 29, 1977, 91 Stat. 1005; Pub. L. 113–79, title VII, §7111(b)(3)(F), Feb. 7, 2014, 128 Stat. 874.)

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–79 substituted "under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable," for "under this subchapter".

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

#### Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
#### COOK v. WAKE COUNTY HOSPITAL SYSTEM

No. 202A97

Case below: 125 N.C.App. 618

Motion by defendants and plaintiffs to withdraw appeal allowed 3 November 1997.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANTHONY R. BARRETT,

Appellant,

v.

WELLS FARGO BANK, N.A., successor in interest to WACHOVIA 

MORTGAGE F.S.B. f/k/a WORLD SAVINGS BANK, F.S.B.,

Appellee.

No. 4D19-3720

[February 4, 2021]

Appeal of nonfinal order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Dennis D. Bailey, Judge; L.T. Case No. 

CACE 10-016853 (11).

Anthony R. Barrett, Plantation, pro se.

C. H. Houston III, Sara F. Holladay-Tobias and Emily Y. Rottmann of 

McGuireWoods LLP, Jacksonville, for appellee.

PER CURIAM.

Affirmed.

MAY, DAMOORGIAN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OFTHE GENERAL COUNSEL

MEMORANDUM

TO: Deputy General Counsel, Legislative, Ethics, and Regulatory Services 

FROM: Lisa Brown, General Counsel

SUBJECT: Redelegation of Authority to supervise the Division of Business and 

Administrative Law

I. DELEGATION

Under the authority vested in me by statute, 20 U.S.C. § 3421, I redelegate to 

you, the Deputy General Counsel for Legislative, Ethics, and Regulatory 

Services, and anyone serving in that role in an·Acting capacity, the authority 

to supervise the Division of Business and Administrative Law.

Unless otherwise specified in future delegations of authority, amendments to 

the authority delegated herein are included within the scope of this delegation.

II. RESERVATIONS

None.

III. REDELEGATION

You may not redelegate this authority.

IV.CERTIFICATION AND EFFECTIVE DATE

This designation is effective upon certification of the Department's Principal 

Delegations Control Officer and supersedes all previous delegations of this 

authority.

400 MARYLAND AVE., S.W. WASHINGTON, D.C. 20202-2110

Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation
Date:

....

Lisa Brown

(signed)General

Counsel

U.S. Department of Education

OGC Concurrence and Date: Jill Siegelbaum January 18, 2024

Date Certified: 2/12/2024 

Delegations Control Officer: Jim Clemmens 

Control Number: EG/EGR/133 

2
Editorial Note on Part 842
Editorial Note: Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

§ 842.127 When not authorized. Do not make an advance payment if the claim is payable under the: ( a ) Federal Tort Claims Act.
( b ) International Agreement Claims Act.
( c ) Military Personnel and Civilian Employees' Claims Act. (Separate regulations issued under the Act provide for partial payments.)
[55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83701, Nov. 22, 2016]
No.-.

#### Union Trust Company *v.*Woodward & Lothrop.

Petition for allowance of an appeal herein submitted March 1, 1920.

Denied March 8, 1920.

*Mr. William G. Johnson*for petitioner.
#### Attilio Mercantini, as Executor of Constance Potenza, Deceased, Plaintiff, v. Elvira Innamorati, Defendant. Attilio Mercantini, as Executor of Constance Potenza, Deceased, Appellant; George Jacobs, Respondent.

Motion by respondent to dismiss appeal from order dated October 28, 1960 and entered November 1, 1960, denying appellant’s motion for reargument. Motion granted. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
#### HOPKINS et al., Appellants, v. DUNHAM, Respondent.

(Supreme Court, Appellate Division, Second Department.

November 20, 1903.)

Action by John W. W. Hopkins and others against J. Frank Dunham.

No opinion. Orders affirmed, without costs.
#### 1.706 Expiration.

Expiration dates are required for class D&F's and are optional for individual D&F's. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a solicitation has been furnished to prospective offerors before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from that solicitation.
#### § 536.102 Actions on appeal under the National Guard Claims Act.

The provisions of § 536.79 apply to claims arising under this subpart.
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

###### Centers for Disease Control and Prevention

# FOR FURTHER INFORMATION CONTACT:

                        Gregory Anderson, M.S., M.P.H., Scientific Review Officer, CDC, 1600 Clifton Road, NE, Mailstop US8-1, Atlanta, Georgia 30329-4027, (404) 718-8833,                         *ganderson@cdc.gov*.                    

                        The Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Kalwant Smagh,

Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention.

[FR Doc. 2021-00282 Filed 1-8-21; 8:45 am]

BILLING CODE 4163-18-P
|   | (1)                               |   | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                |
|--------|-----------------------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                              |
|   | (2)                               |   | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|   |                              |   |                                                                                                                                                 |   |
|   |                              |   |
|   | /s/  Stephen L. Gurba   |   |
|   | Stephen L. Gurba                  |   |
|   | Principal Executive Officer  |   |
|   | February 3, 2012                  |   |
§ 202.2 Criteria for establishment. ( a ) *Determining if sufficient interest warrants establishing a RAB.* A RAB should be established when there is sufficient and sustained community interest, and any of the following criteria are met: ( 1 ) The closure of an installation involves the transfer of property to the community,
( 2 ) At least 50 local citizens petition the installation for creation of a RAB,
( 3 ) Federal, state, tribal, or local government representatives request the formation of a RAB, or
( 4 ) The installation determines the need for a RAB. To determine the need for establishing a RAB, an installation should: ( i ) Review correspondence files,
( ii ) Review media coverage,
( iii ) Consult local community members,
( iv ) Consult relevant government officials, and
( v ) Evaluate responses to communication efforts, such as notices placed in local newspapers and, if applicable, announced on the installation's Web site.
( b ) *Responsibility for forming or operating a RAB.* The installation shall have lead responsibility for forming and operating a RAB.
( c ) *Converting existing Technical Review Committees (TRCs) to RABs.* In accordance with 10 U.S.C. 2705(d)(1), a RAB may fulfill the requirements of 10 U.S.C. 2705(c), which directs DoD to establish TRCs. DoD recommends that, where TRCs or similar advisory groups already exist, the TRC or similar advisory group be considered for conversion to a RAB, provided there is sufficient and sustained interest within the community.
[71 FR 27617, May 12, 2006; 71 FR 30719, May 30, 2006]
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

MEMORANDUM

TO: The Inspector General

FROM: The Secretary

SUBJECT: Freedom of Information Act, 5 U.S.C. § 552, Requests for Records of the 

Office of Inspector General

I. DELEGATION

By the authority vested in me by section 412 of the Department of Education 

Organization Act, 20 U.S.C. § 3472, and in accordance with the Inspector 

General Act of 1978, 5 U.S.C. app. 3, as amended, I hereby delegate to you, or 

anyone serving for you in an acting capacity, the exclusive authority to 

administer the Department’s responsibilities under the Freedom of Information 

Act (FOIA), 5 U.S.C. § 552, as amended, for documents maintained in the Office 

of the Inspector General (OIG). This includes:

A. The authority to deny the release of documents, or portions of documents, 

to the extent that such denial is consistent with the FOIA, Departmental 

Regulations, and Executive Orders; 

B. The authority to issue decisions on administrative appeals of denials of 

requests for records to the extent that such decisions are consistent with the 

FOIA, Departmental Regulations, and Executive Orders; and

C. The authority to charge fees to requesters of documents maintained in the 

OIG, consistent with the FOIA, Departmental Regulations, and Executive 

Orders.

Unless otherwise noted in future delegations of authority, amendments to the 

existing authorities delegated herein are included within the scope of this 

delegation.

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the 

following are not delegated:
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

Page 2 – Delegation of Authority

A. Authority to waive or reduce all or part of any fee is reserved to the 

Headquarters Designated Denial Officer; and

B. Authority to submit reports to Congress or the President unless otherwise 

provided by law is reserved to the Secretary.

III. REDELEGATION

You may redelegate the authority delegated to you, and may authorize further 

redelegation.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal 

Delegations Control Officer. It supersedes delegation EA/EF/192.

_________-s-__________ 

 Arne Duncan

OGC Clearance and Date: Deborah Friendly, May 5, 2011

Certified Date: May 10, 2011

Departmental Delegations Control Officer: Bruce Monblatt

Control Number: EA/EF/193
<PAGE>

                                                                      EXHIBIT 32

                             EMS TECHNOLOGIES, INC.

                                CERTIFICATION OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER

      Each of the undersigned Chief Executive Officer and Chief Financial
Officer of EMS Technologies, Inc. hereby individually certifies that the
Quarterly Report on Form 10-Q of the Company for the quarter ended April 3,
2004, to which this Certification is attached, fully complies with the
requirements of Section 15(d) of the Securities Exchange Act of 1934, as
amended, and that the information contained in such Report fairly presents, in
all material respects, the financial condition and results of operations of EMS
Technologies, Inc.

      In witness whereof, each of the undersigned has executed and delivered
      this Certification on this 11th day of May, 2004.

/s/ Alfred G. Hansen                                     /s/ Don T. Scartz
------------------------------                     -----------------------------
Alfred G. Hansen                                   Don T. Scartz
Chief Executive Officer                            Chief Financial Officer
EMS Technologies, Inc.                             EMS Technologies, Inc.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 59

      To provide that silencers be treated the same as long guns.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2017

    Mr. Crapo (for himself, Mr. Moran, and Mr. Paul) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
      To provide that silencers be treated the same as long guns.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hearing Protection Act of 2017''.

SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS.

    (a) In General.--Section 5845(a) of the Internal Revenue Code of 
1986 is amended by striking ``(7) any silencer'' and all that follows 
through ``; and (8)'' and inserting ``and (7)''.
    (b) Effective Date.--
            (1) In general.--The amendment made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Transfers.--In the case of the tax imposed by section 
        5811 of the Internal Revenue Code of 1986, the amendment made 
        by this section shall apply with respect to transfers after 
        January 9, 2017.

SEC. 3. TREATMENT OF CERTAIN SILENCERS.

    Section 5841 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following:
    ``(f) Firearm Silencers.--A person acquiring or possessing a 
firearm silencer in accordance with chapter 44 of title 18, United 
States Code, shall be treated as meeting any registration and licensing 
requirements of the National Firearms Act (as in effect on the day 
before the date of the enactment of this subsection) with respect to 
such silencer.''.

SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM 
              SILENCERS.

    Section 927 of title 18, United States Code, is amended by adding 
at the end the following: ``Notwithstanding the preceding sentence, a 
law of a State or a political subdivision of a State that, as a 
condition of lawfully making, transferring, using, possessing, or 
transporting a firearm silencer in or affecting interstate or foreign 
commerce, imposes a tax on any such conduct, or a marking, 
recordkeeping, or registration requirement with respect to the firearm 
silencer, shall have no force or effect.''.
                                 <all>
```
### SUBCHAPTER VI—ENTERPRISE FOR THE AMERICAS INITIATIVE
### §1012a. Townsites

When the Secretary of Agriculture determines that a tract of National Forest System land in Alaska or in the eleven contiguous Western States is located adjacent to or contiguous to an established community, and that transfer of such land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may, upon application, set aside and designate as a townsite an area of not to exceed six hundred and forty acres of National Forest System land for any one application. After public notice, and satisfactory showing of need therefor by any county, city, or other local governmental subdivision, the Secretary may offer such area for sale to a governmental subdivision at a price not less than the fair market value thereof: Provided, however, That the Secretary may condition conveyances of townsites upon the enactment, maintenance, and enforcement of a valid ordinance which assures any land so conveyed will be controlled by the governmental subdivision so that use of the area will not interfere with the protection, management, and development of adjacent or contiguous National Forest System lands.

(Pub. L. 85–569, July 31, 1958, 72 Stat. 438; Pub. L. 94–579, title II, §213, Oct. 21, 1976, 90 Stat. 2760.)

#### **Editorial Notes**

#### Codification

Section, which is also set out as section 478a of Title 16, Conservation, was not enacted as part of the Bankhead-Jones Farm Tenant Act which constitutes a major part of this chapter.

#### Amendments

1976—Pub. L. 94–579 substituted provisions setting forth procedures applicable to designation of townsites of tracts of National Forest System lands in Alaska or the eleven contiguous Western States, for provisions setting forth procedures applicable to designation of townsites from any national forest lands or lands administered by Secretary of Agriculture under the Bankhead-Jones Farm Tenant Act.

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

#### Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands.