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

TO: Principal Officers

FROM: The Secretary

SUBJECT: Delegation of Authority

I. DELEGATION

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

Organization Act (DEOA) (Public Law 96-88), 20 U.S.C. 3472, I hereby delegate to 

you for employees in your Principal Office the authority described in 34 C.F.R. Part 

8 regarding demands issued to Departmental employees for testifying or records in 

legal proceedings. This authority only applies to legal proceedings in which the 

United States is not a party.

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

existing authorities delegated herein are included within the scope of this delegation.

II. RESERVATION

The authority should be exercised in consultation with the Office of the General 

Counsel.

III. REDELEGATION

This authority may be redelegated to Senior officials in your office who report 

directly to you. No other redelegation is permitted.

IV. CERTIFICATION AND EFFECTIVE DATE

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

Delegations Control Officer and supersedes all previous delegations of this 

authority.

_______/s/___________

 Richard W. Riley
Page 2 – Delegation of Authority

OGC Clearance and Date: /s/ R. Wexler, 9/2/92

Certified Date: 9/4/92

Control No. EA/EH/61

Certified by: /s/ Wilma J. Hodo______________

 Departmental Delegations Control Officer

Addressees:

Principal Officers and List and PO Control No.

EA/EB/132 – Deputy Secretary

EA/EC/150 – Assistant Secretary for Civil Rights

EA/EE/3 – Assistant Secretary for Policy and Planning

EA/EF/58 – Inspector General

EA/EG/54 – General Counsel

EA/EH/61 – Assistant Secretary for Special Education and Rehabilitative Services

EA/EJ/22 - Assistant Secretary for Legislation and Congressional Affairs

EA/EK/75 - Assistant Secretary for Intergovernmental and Interagency Affairs

EA/EL/43 – Assistant Secretary for Management and Budget/CFO

EA/EM/180 – Assistant Secretary for Human Resources and Administration

EA/EP/183 - Assistant Secretary for Postsecondary Education

EA/ES/42 - Assistant Secretary for Elementary and Secondary Education

EA/ET/34 - Director, OBEMLA

EA/EV/40 - Assistant Secretary for Vocational and Adult Education

EA/EI/2 – Chief Information Officer

EA/EN/2 – Chief Operating Officer, FSA

EA/EQ/2 – Deputy Under Secretary for Safe and Drug-Free Schools

EA/ER/1 – Director, Institute of Education Sciences

EA/EU/2 – Deputy Under Secretary for Innovation and Improvement
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Form 10-Q as
of September 30, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK> 0000033565
<NAME> ESSEX GROUP, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           5,587
<SECURITIES>                                         0
<RECEIVABLES>                                  234,895
<ALLOWANCES>                                     5,890
<INVENTORY>                                    225,293
<CURRENT-ASSETS>                               472,233
<PP&E>                                         406,765
<DEPRECIATION>                                 129,428
<TOTAL-ASSETS>                                 883,449
<CURRENT-LIABILITIES>                          268,926
<BONDS>                                        331,075
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     215,881
<TOTAL-LIABILITY-AND-EQUITY>                   883,449
<SALES>                                      1,309,275
<TOTAL-REVENUES>                             1,309,275
<CGS>                                        1,059,504
<TOTAL-COSTS>                                1,059,504
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,836
<INCOME-PRETAX>                                107,615
<INCOME-TAX>                                    42,800
<INCOME-CONTINUING>                             64,815
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    64,815
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
### §2108. Suspension and termination of orders

#### (a) Discretionary suspension or termination by Secretary

The Secretary shall, whenever he finds that any order issued under this chapter, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or such provision thereof.

#### (b) Suspension or termination resulting from referendum with cotton producers and importers

The Secretary may conduct a referendum at any time, and shall hold a referendum on request of a number of producers and importers (if subject to the order) equivalent to at least 10 percent of those persons voting in the most recent referendum, to determine whether cotton producers and importers subject to the order favor the termination or suspension of the order, except that in counting such requests for a referendum, not more than 20 percent of such requests may be from producers from any one State or importers of cotton (if subject to the order). The Secretary shall suspend or terminate the order at the end of the marketing year, as defined in the order, whenever the Secretary determines suspension or termination of the order is approved by a majority of producers and importers (subject to the order) voting in the referendum who, during a representative period determined by the Secretary, have been engaged in the production and importation of cotton and who produced and imported more than 50 percent of the volume of cotton produced and imported by those voting in the referendum.

#### (c) Suspension or termination of any order not deemed order within meaning of this chapter

The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.

(Pub. L. 89–502, §9, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, §1994, Nov. 28, 1990, 104 Stat. 3912.)

#### **Editorial Notes**

#### Amendments

1990—Subsec. (b). Pub. L. 101–624 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of cotton producers voting in the referendum approving the order, to determine whether cotton producers favor the termination or suspension of the order, and he shall suspend or terminate such order at the end of the marketing year, as defined in the order, whenever he determines that suspension or termination of the order is approved or favored by a majority of the producers of cotton voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cotton, and who produced more than 50 per centum of the volume of the cotton produced by the cotton producers voting in the referendum."
### §3153. National Agricultural Science Award

#### (a) Establishment

The Secretary shall establish the National Agricultural Science Award for research or advanced studies in the food and agricultural sciences, including the social sciences. Two such awards, one for each of the categories described in subsection (d) of this section, shall be made in each fiscal year.

#### (b) Amount and term

The awards shall not exceed $50,000 per year for a period of not to exceed three years to support research or study by the recipient.

#### (c) Eligibility

The awards shall be open to persons in agricultural research, extension, teaching, or any combination thereof.

#### (d) Categories

Awards under this section shall be made in each fiscal year in two categories as follows:

(1) to a scientist in recognition of outstanding contributions to the advancement of the food and agricultural sciences; and

(2) to a research scientist in early career development or a graduate student, in recognition of demonstrated capability and promise of significant future achievement in the food and agricultural sciences.

#### (e) Nominating and selection committees

The Secretary may establish such nominating and selection committees, to consist of scientists and others, to receive nominations and make recommendations for awards under this section, as the Secretary deems appropriate.

(Pub. L. 95–113, title XIV, §1418, Sept. 29, 1977, 91 Stat. 997; Pub. L. 97–98, title XIV, §1420(a), Dec. 22, 1981, 95 Stat. 1306.)

#### **Editorial Notes**

#### Amendments

1981—Subsec. (a). Pub. L. 97–98, §1420(a)(2), substituted "Science Award" for "Research Award", and "subsection (d)" for "subsection (c)".

Subsecs. (c) to (e). Pub. L. 97–98, §1420(a)(3), (4), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

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

#### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

#### 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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6584

HERMAN C. NEWMAN,

Petitioner - Appellant,

versus

DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-00-203)

Submitted: July 13, 2000 Decided: July 24, 2000

Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herman C. Newman, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Herman C. Newman appeals the district court’s order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 2000). We have reviewed the record and the district court’s

opinion, and agree with the court’s determination that Newman was

required to obtain permission from this court prior to filing a

successive § 2254 petition. See 28 U.S.C.A. § 2244 (West Supp.

2000). Accordingly, we deny a certificate of appealability and

dismiss the appeal on that basis. 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.

DISMISSED
H. Res. 1292 

In the House of Representatives, U. S., 

June 12, 2024. 

Resolved, That Merrick B. Garland, Attorney General, 

U.S. Department of Justice, shall be found to be in contempt 

of Congress for failure to comply with a congressional subpoena. 

Resolved, That pursuant to 2 U.S.C. §§ 192 and 194, 

the Speaker of the House of Representatives shall certify the 

report of the Committee on the Judiciary, detailing the refusal of Merrick B. Garland, Attorney General, U.S. Department of Justice, to produce documents, records, and materials to the Committee on the Judiciary as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Attorney General Merrick B. Garland 

be proceeded against in the manner and form provided by 

law. 
2 

•HRES 1292 EH 

Resolved, That the Speaker of the House shall otherwise 

take all appropriate action to enforce the subpoena. 

Attest: 

Clerk.
<PAGE>

                                                                      EXHIBIT 32

                    SECTION 906 CERTIFICATION OF THE CEO/CFO

                             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 2,
2005, 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 17th day of May, 2005.

/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.
### §166. Transferred

#### **Editorial Notes**

#### Codification

Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1113, as amended, which related to transmission by the Postal Service of packages containing plants or plant products for States inspection, was transferred to section 7760 of this title.
#### § 310.2 Definitions.

*DoD Components* means the Office the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the “DoD Components”).

*Individual* means a citizen of the United States or an alien lawfully admitted for permanent residence, as defined in the Privacy Act.

*Maintain* includes maintain, collect, use or disseminate, as defined in the Privacy Act.

*Record* means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, or symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph, as defined in the Privacy Act.

*Request for access* to a record means a request made under subsection (d)(1) of the Privacy Act.

*Request for amendment or correction* of a record means a request made under subsection (d)(2) of the Privacy Act.

*Request for an accounting* means a request made under subsection (c)(3) of the Privacy Act.

*Requester* means an individual who makes a request for access, a request for amendment or correction, or a request for an accounting under the Privacy Act.

*System of records* means any group of records under the control of the Department of Defense from which information is retrieved by the name of the individual or by some other identifying number, symbol, or other identifying particular assigned to the individual as defined in the Privacy Act.
§ 516.76 Exemption determination authority. ( a ) The commander exercising special court-martial convening authority (SPCMCA) over a unit has the authority to determine whether a soldier of that unit, who has been served with a summons, is exempt from serving on a state or local jury unless that authority has been limited or withheld in accordance with paragraph (b) or (c) of this section. This authority may not be delegated to a subordinate commander who does not exercise SPCMCA.
( b ) A commander superior to the SPCMCA, who also exercises SPCMCA or general court-martial convening authority (GCMCA) over a unit, may limit or withhold the exemption determination authority of subordinate commanders.
( c ) A GCMCA, who orders a unit or soldier assigned to one command to be attached or detailed to another command for disciplinary purposes (for example, “for administration” or “for administration of military justice”), may reserve exemption determination authority to the commander exercising SPCMCA in the chain of command to which the unit or soldier is assigned rather than the chain of command to which the unit or soldier is attached or detailed.
### §2909. Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process

The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.

(Pub. L. 94–294, §10, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, §1601(b), Dec. 23, 1985, 99 Stat. 1606.)

#### **Editorial Notes**

#### Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to investigations, power to subpoena and take oaths and affirmations, and aid of courts, for provisions relating to termination or suspension of orders.

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

#### Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
Exhibit No. 4
Form 10KSB
SPM Group, Inc.

                       ARTICLES OF AMENDMENT
                              to the
                     ARTICLES OF INCORPORATION

     Pursuant  to  the provisions of the Colorado Corporation  Act
the  undersigned  corporation adopts  the  following  Articles  of
Amendment to its Articles of Incorporation:

     FIRST:    The name of the corporation is SPM GROUP, INC.

       SECOND:  The  following  amendment  was  adopted   by   the
shareholders of the corporation on 31 August 1979, in  the  manner
prescribed by the Colorado Corporation Act:

      Paragraph 1 of Article IV be deleted and that the  following
be inserted in place thereof:

     1.   The aggregate number of shares which the corporation has
          authority to issue is thirty million (30,000,000) shares
          of common stock, no par value.

     THIRD: The number of shares of the corporation outstanding at
the  time of such adoption was 4,706,392 and the number of  shares
entitled to vote thereon was 4,706,392.

     FOURTH:   There is only one class of stock.

      FIFTH:  The  number of shares voted for such  Amendment  was
4,706,392  and  the number of shares voted against such  Amendment
was none.

      SIXTH: There is no change in stated capital effected by this
Amendment.

ATTEST:                            S P M GROUP, INC.

/s/  Robert  Wiegand, Secretary    /s/ Robert  D.  Schmidt, President

( S E A L)

STATE OF COLORADO
     SS.
CITY AND COUNTY OF DENVER

     Before me, the undersigned Notary, personally appeared Robert
D.  Schmidt who acknowledged before me that he is the President of
S  P  M GROUP, INC., a Colorado corporation and that he signed the
foregoing Articles of Amendment as the free and voluntary act  and
deed  of the corporation and that the facts contained therein  are
true.

                               E-11
<PAGE>

     Done and signed this 29th day of November, 1979.

                              /s/ Howard Allspach
                              Notary Public

                               E-12
<PAGE>
#### § 845.9 Appropriated funds chargeable.

Authorized expenses incurred incident to implementation of the policies set forth in this part, including transportation and per diem expenses of trial observers, interpreters, and local counsel employees, shall be paid from appropriated funds of the service to which the defendant belongs. Payments shall be made from the appropriation current at time of payment, unless obligations for authorized costs have previously been established. Refunds shall be processed as appropriation refund. Such funds are chargeable to the base for operation and maintenance purposes (O&M or R&D, as applicable).
#### ELIZABETHPORT BANKING CO., Appellant, v. BROWN et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

November 13, 1903.)

Action by the Elizabethport Banking Company against Robert Brown and others.

No opinion. Judgment unanimously affirmed, with costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-546

In Re: ROBERT LEE DAVIS,

Petitioner.

On Petition for Writ of Mandamus. (CA-96-896-H)

Submitted: June 19, 1997 Decided: June 27, 1997

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Robert Lee Davis, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert Lee Davis has filed a petition for a writ of mandamus

in this court seeking to reverse the district court's order denying

his second petition for habeas corpus relief, under 28 U.S.C.A.

§ 2254 (West 1994 & Supp. 1997), and a motion for reconsideration

of that order. The granting of a writ of mandamus is a drastic

remedy which should only be used in extraordinary situations. In re

Beard, 811 F.2d 818, 826 (4th Cir. 1987). Petitioner must show that

he has a clear right to the relief sought, that the respondent has

a clear duty to perform the act requested by petitioner, and that

there is no other adequate remedy available. In re First Fed. Sav.

& Loan Ass'n of Durham, 860 F.2d 135, 138 (4th Cir. 1988). Davis

has failed to make the requisite showing for such extraordinary

relief. Our review of the district court record discloses that the

district court denied Davis' second habeas petition because he was

no longer in custody. See 28 U.S.C.A. § 2254(a). We therefore deny

his petition for writ of mandamus and deny his motion to proceed in

forma pauperis. 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.

PETITION DENIED
#### § 935.68 Jurisdiction of the Court of Appeals.

The Court of Appeals has jurisdiction over all appeals from the Wake Island Court.