alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 2 – Delegation of Authority

# MEMORANDUM

TO:          The Chief Operating Officer

Federal Student Aid

FROM:    The Secretary

SUBJECT:  Amendment to Primary Delegation of Authority

## I. DELEGATION OF AUTHORITY

I hereby amend the Primary Delegation of Programmatic Authority EA/EN/59, certified on May 29, 2008, to include the authority provided under the legislation to administer the Health Education Assistance Loan program transferred to the Department from the U.S. Department of Health and Human Services under the Consolidated Appropriations Act, 2014, Division H, Title V, Section 525 of Public Law 113–76.

## II. RESERVATIONS

None.  

## III. REDELEGATION

This authority may be redelegated.

## IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal Delegations Control Officer.

I hereby ratify actions within the scope of this delegation taken by you prior to the date of certification.

____________-s-_____________ 

 Arne Duncan

OGC Clearance and Date: Deborah Friendly 11/15/14

Departmental Delegations Control Officer: Bruce Monblatt

Control Number: EA/EN/78
#### In the Matter of Herbert Shafer, an Attorney, Respondent. Bar Association of Erie County, Petitioner.

Fourth Department,

February 25,1965.

*John B. Walsh*and *Leonard Walentynowics*for petitioner.

*Herald P. Fahringer, Jr.,*for respondent.

*Per Curiam.*

At the opening of the hearing upon charges of misconduct and malpractice in his office as an attorney and counselor at law, respondent submitted his resignation from such office to become effective upon acceptance thereof by this court.

The acts of misconduct charged against him include participation' in and" consummation of a conspiracy to stage automobile accidents and to make fraudulent claims thereon; extensive, open, public, and notorious gambling in connection with which he acquired substantial information of law violations which he failed" to disclose to public authorities; commingling of his clients’' funds with his own; failure to keep proper records; making substantial loans to individuals after they retained him in negligence cases and obtaining repayment thereof from the proceeds of settlements of such cases; accepting cases referred to him by his brother and others and paying money to them; failure to file retainer statements and closing statements and making false entries in statements that were filed; giving false testimony under oath in the investigation making inquiry as to his activities; violating sections 2, 100, 274, 580, 986, 1290, 1294, 1620 and 1620-a of the Penal Law and canons 6,10,11,16, 22, 27, 28, 29, 32, 37, 39 and 42 of the Canons of Professional Ethics, and other charges.

Respondent, in his answer, admits that he engaged in betting activity including bets with book-makers; that he maintained only one bank account for his own and his clients’ moneys; and that he committed other offenses. He denies the other allegations of the Bar Association’s petition.

*465In Ms letter of resignation he further admits that he had represented, as attorney, persons receiving settlements of claims growing out of a staged automobile accident; that his gambling activities were substantial and well known; and that he failed to file retainer statements and closing statements.

We consider the resignation during the pendency of the disciplinary proceeding as tantamount to an admission of the charges which were before us. At least it is clear he did not choose to litigate those issues.

The resignation will be accepted and an order entered striking respondent’s name from the roll of attorneys.

Williams, P. J., Bastow, Goldman, Noonan and Del Vecchio, JJ., concur.

Resignation accepted and order entered upon resignation striking respondent’s name from the roll of attorneys and counselors at law.
§ 97.2 Applicability. This part: ( a ) Applies to the Office of the Secretary of Defense, 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”).
( b ) Is intended only to provide guidance for the internal operations of the DoD, without displacing the responsibility of the Department of Justice to represent the United States in litigation.
( c ) Does not preclude official comments on matters in litigation.
( d ) Does not apply to the release of official information or the presentation of witness testimony in connection with: ( 1 ) Courts-martial convened by the authority of a Military Department.
( 2 ) Administrative proceedings or investigations conducted by or for a DoD Component.
( 3 ) Security-clearance adjudicative proceedings, including those conducted pursuant to DoD Directive 5220.6, “Defense Industrial Personnel Security Clearance Review Program,” January 2, 1992, as amended (available at *https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/522006p.pdf*).
( 4 ) Administrative proceedings conducted by or for the Equal Employment Opportunity Commission or the Merit Systems Protection Board.
( 5 ) Negotiated grievance proceedings conducted in accordance with a collective bargaining agreement.
( 6 ) Requests by Government counsel representing the United States or a Federal agency in litigation.
( 7 ) Disclosures to Federal, State, local, or foreign authorities related to investigations or other law-enforcement activities conducted by a DoD law-enforcement officer, agent, or organization.
( e ) Does not affect in any way existing laws or DoD programs governing: ( 1 ) The release of official information or the presentation of witness testimony in grand jury proceedings.
( 2 ) Freedom of Information Act requests submitted pursuant to 32 CFR part 286, even if the records sought are related to litigation.
( 3 ) Privacy Act requests submitted pursuant to 32 CFR part 310, even if the records sought are related to litigation.
( 4 ) The release of official information outside of litigation.
( f ) Does not create any right or benefit (substantive or procedural) enforceable at law against the DoD or the United States.
#### 1028.311-2 Agency solicitation provisions and contract clauses.

Insert a clause substantially similar to 1052.228-70, Insurance requirements, in all solicitations and contracts that contain the clause at FAR 52.228-7.

[80 FR 11596, Mar. 4, 2015]
### §1286. Discharge of alien crewmen; penalties

It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper.

(June 27, 1952, ch. 477, title II, ch. 6, §256, 66 Stat. 223; Pub. L. 101–649, title V, §543(a)(6), Nov. 29, 1990, 104 Stat. 5058.)

#### **Editorial Notes**

#### Amendments

1990—Pub. L. 101–649 substituted "Commissioner the sum of $3,000" for "collector of customs of the customs district in which the violation occurred the sum of $1,000" in second sentence, "Commissioner" for "collector of customs" in third sentence, and "$1,500" for "$500" in fourth sentence.

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

#### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.

#### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
##### 



EXHIBIT 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Tellabs, Inc. (the Company) on Form 10-K for the year
ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Krish A. Prabhu, the Chief Executive Officer of the Company, certify, pursuant
to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:  (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/ Krish A. PrabhuKrish A. PrabhuChief Executive OfficerDate: March 10, 2005
 A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
# GAvolume 1st quarter

# Quarterly

# Historical
Fiscal Year 2016 Title I Grants to Local Educational Agencies - DISTRICT OF COLUMBIA

FY 2016 Title I

LEA ID District Allocation*

1100030 District of Columbia Public Schools 44,253,898

1199999 PART D SUBPART 2 0

* Actual amounts received by LEAs will be smaller than shown here due to State-level adjustments to Federal Title I allocations. States adjust

 allocations, for example, to reflect LEA boundary changes or the creation of new LEAs, including charter school LEAs, that are not accounted

 for in the statutory calculations. States also are permitted to reserve, for administration, up to 1 percent of the allocations they would receive

 if $14 billion were appropriated and generally must reserve 4 percent in fiscal year 2016 for school improvement activities. These 

 adjustments will reduce the actual amounts available.
1401.603-3 Appointment. Purchase card holders may be appointed in writing or in accordance with the bureau/office procedures within the constraints of DOI Integrated Charge Card Program Policy Manual located at *http://www.doi.gov/pam/chargecard .* Additional guidance is available in the GSA Smart Pay program at *http://www.gsa.gov/smartpay .*
1231.205-3270 Precontract costs—incurrence of costs. ( a ) The decision to incur precontract costs is the responsibility of the contractor. DOT officials shall not authorize, demand, or require a contractor to incur precontract costs. The contracting officer may advise the prospective contractor that any costs incurred before contract award are at the contractor's sole risk and that if negotiations fail to result in a binding contract, payment of these costs may not be made by the Government.
( b ) When the contracting officer determines that incurring precontract costs was necessary to meet the proposed contract delivery schedule of a cost-reimbursement contract, the clause at 1252.231-70, Date of Incurrence of Costs, may be inserted in the resultant contract.
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM











We have issued our report dated March 31, 2011, accompanying the consolidated financial statements included in the Annual Report of Access Pharmaceuticals, Inc. on Form 10-K for the year ended December 31, 2010.  We hereby consent to the incorporation by reference of said report in the Registration Statements of Access Pharmaceuticals, Inc. on Form S-1 (File Nos. 333-166453, 333-162687, 333-149633, and 333-135734), Form S-4 (File No. 333-143587), and Form S-8 (File Nos. 333-169067, 333-161642, 333-45646, 333-75136, 333-125796, and 333-114269).












Dallas, Texas


March 31, 2011
### SUBCHAPTER III—AGRICULTURAL RESEARCH AND EDUCATION GRANTS AND FELLOWSHIPS
#### 1313.302 Purchase orders.
### §§5001 to 5007. Omitted

#### **Editorial Notes**

#### Codification

Sections 5001 to 5007 were omitted pursuant to section 5007 which provided that this chapter and the National Commission on Agriculture and Rural Development Policy established by this chapter terminated 5 years after Dec. 23, 1985.

Section 5001, Pub. L. 99–198, title XVII, §1722, Dec. 23, 1985, 99 Stat. 1637; Pub. L. 100–71, title V, §519(a)(2), July 11, 1987, 101 Stat. 475, defined "Commission", "Governor", and "State".

Section 5002, Pub. L. 99–198, title XVII, §1723, Dec. 23, 1985, 99 Stat. 1637; Pub. L. 100–71, title V, §519(a)(2), July 11, 1987, 101 Stat. 475, provided for establishment of the Commission, appointment of its members by President, election of Chairman, and meetings of the Commission.

Section 5003, Pub. L. 99–198, title XVII, §1724, Dec. 23, 1985, 99 Stat. 1638, related to studies to be conducted by the Commission.

Section 5004, Pub. L. 99–198, title XVII, §1725, Dec. 23, 1985, 99 Stat. 1639, provided for annual reports to President and Congress.

Section 5005, Pub. L. 99–198, title XVII, §1726, Dec. 23, 1985, 99 Stat. 1639, provided for administrative operations of the Commission, member compensation, appointment and compensation of director and staff, and maintenance of records.

Section 5006, Pub. L. 99–198, title XVII, §1727, Dec. 23, 1985, 99 Stat. 1640, authorized appropriations to carry out chapter.

Section 5007, Pub. L. 99–198, title XVII, §1728, Dec. 23, 1985, 99 Stat. 1640, provided that this chapter and the Commission terminate five years after Dec. 23, 1985.

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

#### Short Title

Section 1721 of subtitle C (§§1721–1728) of title XVII of Pub. L. 99–198, as amended by Pub. L. 100–71, title V, §519(a)(1), July 11, 1987, 101 Stat. 475, provided that this subtitle, which enacted this chapter, could be cited as the "National Commission on Agriculture and Rural Development Policy Act of 1985".
### §8353. Control of nuisance mammals and birds and those constituting reservoirs of zoonotic diseases; exception

On and after December 22, 1987, the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities.

(Pub. L. 100–202, §101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–331.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 426c of this title prior to editorial reclassification and renumbering as this section.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-645

In Re: WILLIE HORTON,

Petitioner.

On Petition for Writ of Mandamus.

(CR-89-180, CA-93-439-AM)

Submitted: June 10, 1997 Decided: July 30, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Willie Horton, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
1 See FED. R. APP. P. 21.

2 See In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

3 See Mallard v. United States Dist. Court, 490 U.S. 296, 309

(1989).

2

PER CURIAM:

Willie Horton filed a mandamus petition in this court alleging

undue delay by the district court on his 28 U.S.C.A. § 2255 (West

1994 & Supp. 1997), motion to vacate sentence. Apparently, the district court ordered in January 1995 that counsel be appointed and

an evidentiary hearing be conducted, but until the filing of this

mandamus petition in November 1996, no other action occurred.

Because of the nature of the action pending before the district

court, this court directed a response to Horton's petition. A

response was filed;1 thus, this matter is ripe for adjudication.

Unfortunately, the district court failed to act on Horton's

§ 2255 motion after the January 1995 order because the case file

was lost in the clerk's office. While the Respondent admits that

Horton's § 2255 motion was delayed, she contends that granting the

petition for a writ of mandamus is unnecessary because of recent

action taken by the district court. We agree.

Mandamus is a drastic remedy and should only be granted in

extraordinary situations.2 Horton must demonstrate that he has no

other avenue for relief, and that his right to relief is clear and

undisputable.3 In this case, Horton fails to meet his burden

because the district court recently reordered that counsel be appointed forthwith and that a magistrate judge hold an evidentiary
3

hearing. The actions of the district court demonstrate that Horton

has other avenues of relief available. Therefore, granting the petition for mandamus would be inappropriate as the district court's

recent order accomplishes substantially everything that this court

would have directed.

Accordingly, we deny Horton's petition for a writ of mandamus

without prejudice. If Horton encounters additional, significant

delay he may apply again for mandamus relief. Additionally, we deny

Horton's motions for the appointment of counsel and to be moved

from the federal prison in Marion, Illinois, to a federal prison

within the District of Maryland. 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
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

June 23, 2008 Clifford W. Taylor,
Chief Justice

136058 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. AMET BATTLE, Persona l Representative Stephen J. Markman, of the ESTATE OF LAWRENCE BATTLE, Justices Plaintiff-Appellee,

v SC: 136058 COA: 280663 Wayne CC: 06-627116-NF TITAN INSURANCE COMPANY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e February 27, 2008 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented shou ld now be reviewed by this Court.

p0616 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 23, 2008

Clerk
<PAGE>




                                                                    Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



        In connection with the Quarterly Report of Federal Screw Works (the
"Company") on Form 10-Q for the period ended December 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Quarterly
Report"), I, Thomas ZurSchmiede, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

        (1) The Quarterly Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
and

        (2) The information contained in the Quarterly Report fairly presents,
in all material respects, the financial condition and results of operations of
the Company.




                                               /s/ Thomas ZurSchmiede
                                               ---------------------------------
                                               Thomas ZurSchmiede, President and
                                               Chief Executive Officer of
                                               Federal Screw Works

  February 13, 2004
No. 8115.

#### National Tube Co. *v.*Eastern Tube Co. et al.

(Decided December 8, 1903.)

Error to Circuit Court of Muskingum county.

*Messrs. Garfield, Garfield & Howe*and *Messrs. Bullirán & Cromwell,*for plaintiff in error.

*Mr. Frank A. Durban,*for defendants in error.

Judgment affirmed.

Spear, Davis, Shauck, Price and Crew, JJ., concur.
#### Ruby Brill, Appellant, v. Joseph Brill et al., Respondents.

Judgment appealed from and the order granting summary judgment in action for declaratory judgment reversed on the law, and the motion denied, without costs to either party. The motion must be denied only because the action comes within the purview of subdivision 4 of rule 113 of the Rules of Civil Practice, and the defense is not made out by documentary evidence. Concur — Breitel, J. P., *656Rabin, McNally and Noonan, JJ.; Stevens, J., dissents and votes to affirm on the ground that from the affidavits in opposition on the motion and plaintiff’s pleading, coupled with the judgment decree, there is a sufficient showing by the defendant to satisfy the requirements for documentary evidence required by subdivision 4 of rule 113 of the Rules of Civil Practice.
#### 1450.103 Contract adjustments.
### §854. Order regulating handlers; issuance and terms

Whenever all the handlers of not less than 75 per centum of the volume of anti-hog-cholera serum and hog-cholera virus which is handled in the current of interstate or foreign commerce, or so as directly to burden, obstruct, or affect interstate or foreign commerce, have signed a marketing agreement entered into with the Secretary of Agriculture pursuant to section 852 of this title, the Secretary of Agriculture shall issue an order which shall regulate only such handling in the same manner as, and contain only such terms and conditions as are contained in such marketing agreement, and shall from time to time amend such order in conformance with amendments to such marketing agreement. Such order shall terminate upon termination of such marketing agreement as provided in such marketing agreement.

(Aug. 24, 1935, ch. 641, §59, 49 Stat. 781.)
14.203-3 Master solicitation. The master solicitation is provided to potential sources who are requested to retain it for continued and repetitive use. Individual solicitations must reference the date of the current master solicitation and identify any changes. The contracting officer must— ( a ) Make available copies of the master solicitation on request; and
( b ) Provide the cognizant contract administration activity a current copy of the master solicitation.
[66 FR 2128, Jan. 10, 2001]