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

109TH CONGRESS 

1ST SESSION H. RES. 404 

Expressing the condolences of the House of Representatives on the death 

of Vice Admiral (retired) James B. Stockdale, United States Navy. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mrs. DAVIS of California (for herself, Mr. HUNTER, Mr. BUYER, Mr. EVANS, 

Mr. SKELTON, Mr. FILNER, Mr. GRIJALVA, Mr. SALAZAR, Mr. ISSA, and 

Mr. CUNNINGHAM) submitted the following resolution; which was referred 

to the Committee on Armed Services 

RESOLUTION 

Expressing the condolences of the House of Representatives 

on the death of Vice Admiral (retired) James B. 

Stockdale, United States Navy. 

Whereas the United States lost a great military hero with the 

death of Vice Admiral (retired) James B. Stockdale, 

United States Navy, on July 5, 2005; 

Whereas Vice Admiral Stockdale served the United States 

proudly and with valor during the Vietnam War; 

Whereas Vice Admiral Stockdale flew more than 200 missions as a Navy pilot to defend the United States and the 

freedoms of all Americans; 

Whereas a Navy plane piloted by Vice Admiral Stockdale, 

then a Navy commander, was shot down over North Viet-
2 

•HRES 404 IH 

nam in 1965, and he was held as a prisoner of war for 

seven years; 

Whereas Vice Admiral Stockdale showed the utmost courage 

as a prisoner of war and endured tremendous pain and 

suffering while being held captive; 

Whereas Vice Admiral Stockdale served as a leader and example to other members of the United States Armed 

Forces being held as prisoners of war in North Vietnam; 

Whereas Vice Admiral Stockdale was honored with 26 combat 

decorations, including the Medal of Honor, in recognition 

of his service as a pilot and his courage and leadership 

as a prisoner of war; 

Whereas Vice Admiral Stockdale continued to make major 

contributions to the United States after his retirement 

from the Navy, including serving as President of the 

Citadel from 1979 to 1981, and was a candidate for Vice 

President of the United States in 1992; 

Whereas Vice Admiral Stockdale made significant contributions in the State of California to the cause of higher 

education and to the vast veterans’ community; 

Whereas Vice Admiral Stockdale earned a master’s degree 

from Stanford University, where he served as Senior Research Fellow at the Hoover Institute for 15 years; and 

Whereas after retiring to Coronado, California, Vice Admiral 

Stockdale was a respected member and a central figure 

in the prisoner of war and veterans’ communities: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) honors the late Vice Admiral James B. 

3 Stockdale, United States Navy, for the great sac-
3 

•HRES 404 IH 

1 rifices he made on behalf of the United States as a 

2 Navy officer and as a prisoner of war from 1965 to 

3 1973 and for his dedication to service during and 

4 after his military career; and 

5 (2) extends its deepest condolences to the sur6 vivors of Vice Admiral Stockdale, including his wife, 

7 Mrs. Sybil B. Stockdale, and his four sons. 

Æ
YES, YOU.

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The NASA

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To understand

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To explore the

universe and

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To inspire the

next generation

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NASA can.

YES, YOU.

http://edspace.nasa.gov

The NASA

Mission

To understand

and protect our

home planet.

To explore the

universe and

search for life.

To inspire the

next generation

of explorers

. . . as only

NASA can.

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National Aeronautics and 

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Cut along the picture background, fold along the black line

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✁

✁
H. Res. 902

In the House of Representatives, U.S., 

June 29, 2006.

Resolved, That the following named Member be, and he 

is hereby, elected to the following standing committees of the 

House of Representatives: 

COMMITTEE ON ARMED SERVICES: Mr. Bilbray. 

COMMITTEE ON GOVERNMENT REFORM: Mr. Bilbray. 

COMMITTEE ON VETERANS’ AFFIARS: Mr. Bilbray.

Attest: 

Clerk.
###### Editorial Note on Part 180

#### Editorial Note:

Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

#### § 180.30 Where does a Federal agency implement these guidelines?

Each Federal agency that participates in the governmentwide nonprocurement debarment and suspension system must issue a regulation implementing these guidelines within its chapter in subtitle B of this title of the Code of Federal Regulations.
SERVED JUNE 3, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

RUSHMOR E HELICOPTERS , INC. 

FAA DOCKET NO. CP10GL0002 

(Civil Penalty Action) 

DMS No. FAA - 2010 - 0023 

AMENDED PROCEDURAL ORDER 

Paragraph #2 of the Procedural Order is amended as follows: 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

... On or before September 1, 2010, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve a 

discovery dispute they shall submit the dispute to the undersigned for resolution 

in a timely manner... 

-T-lR^ichard JCr-Ot)^!^ \ ^ 

• tJ.S. Administrative Law Judge 

Attachment - Service List 

The court does not anticipate scheduling this case prior to 1 September 2010. 
FAA Docket No. CP10GL0002 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Michael Jacob, Respondent 

President or CEO 

Rushmore Helicopters, Inc. 

24564 Highway 16/385 

Custer, SD 57730 

Chris G. Zurales, Complainant's Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7713 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
<PAGE>


                                                                   EXHIBIT 3.1


                           CERTIFICATE OF AMENDMENT OF
                          CERTIFICATE OF INCORPORATION
                                       OF

                           DMC STRATEX NETWORKS, INC.

         DMC Stratex Networks, Inc., a corporation organized and existing under
and by virtue of the General Corporation Law of the State of Delaware,

         DOES HEREBY CERTIFY:

         FIRST: That by a unanimous written consent of the Board of Directors of
DMC Stratex Networks, Inc., dated as of the date hereof, resolutions were duly
adopted setting forth a proposed amendment of the Certificate of Incorporation
of said corporation, declaring said amendment to be advisable and calling a
meeting of the stockholders of said corporation for consideration thereof. The
resolution setting forth the proposed amendment is as follows:

                      RESOLVED, that the Certificate of Incorporation of this
              corporation be, and it hereby is, amended to restate Article IV.
              to read in full as follows: "This Corporation is authorized to
              issue two classes of stock to be designated, respectively,
              "Preferred Stock" and "Common Stock." The total number of shares
              that this Corporation is authorized to issue is One Hundred Fifty
              Five Million (155,000,000). Five million (5,000,000) shares shall
              be Preferred Stock, consisting of 200,000 shares designated Series
              A Junior Participating Preferred Stock, and One Hundred Fifty
              Million (150,000,000) shares shall be Common Stock. The Preferred
              Stock shall have a par value of $.01 per share; the Common Stock
              shall have a par value of $.01 per share."

         SECOND: That thereafter, pursuant to resolution of its Board of
         Directors, the stockholders of said corporation took action in the
         annual meeting in accordance with Section 211 of the General
         Corporation Law of the State of Delaware pursuant to which the
         necessary number of shares was voted in favor of the amendment.

         THIRD: That said amendment was duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.

         FOURTH: That the capital of said corporation shall not be reduced
under or by reason of said amendment.


                                       1
<PAGE>


         IN WITNESS WHEREOF, DMC Stratex Networks, Inc. has caused this
certificate to be signed by Carl A. Thomsen, its Senior Vice President,
Chief Financial Officer and Secretary, this 8th day of August, 2000.

                              BY:    ______/s/ Carl A. Thomsen___________
                                     Carl A. Thomsen, Senior Vice President,
                                     Chief Financial Officer and Secretary




                                       2
#### The People of the State of New York, Respondent, v Mario Di Giorgio, Also Known as Twiggy, Appellant.

— Judgment of the County Court, Suffolk County, rendered May 21, 1979, affirmed. No opinion. This case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). Damiani, J. P., Gibbons, Rabin and Margett, JJ., concur.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40125 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
VICTOR MANUEL LONGORIA

- HERNANDEZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:14

- CR

- 709

- 1

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * Victor Manuel Longoria

- Hernandez pled guilty to being an alien found unlawfully in the United States after deportation. Based on a total offense level of ten and a criminal histor y category IV, his advisory guidelines range of imprisonment was 15 to 21 months. The district court sentenced him to 21 months of imprisonment.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 8, 2015 Lyle W. Cayce Clerk Case: 15-40125 Document: 00513183553 Page: 1 Date Filed: 09/08/2015No. 15

- 40125

2 On appeal, Longoria

- Hernandez argues that the district court e rred in assessing a criminal history point for h is 2012 public intoxication conviction. He concedes that, because he failed to object to the criminal history point in the district court, this issue is reviewed only for plain error. To establish plain

error, Longoria

- Hernandez must show a forfeited error that is clear or obvious and that affected his substantial rights. Puckett v. United States , 556 U.S. 129, 135 (2009). The Government concedes that the addition of the criminal histor y point was clearly erroneous. Longoria

- Her nandez’s pre
- sentence report listed prior offense s that should have been totaled as eight criminal history points . T he report , though, stated there were only seven . Seven criminal history points placed the defendant in criminal history category IV

. Long oria

- Hernandez recognizes in his reply brief that there were actually eight criminal history points. T he erroneous addition of a point for his 2012 public intoxication does not affect his criminal history category because , d espite that error , he still pro perly has seven points

. A sentencing error affects a defendant’s substantial rights where there is a reasonable probability that the defendant would have received a more lenient sentence absent the error

. United States v. Mudekunye , 646 F.3d 281, 289 (5th Cir. 2011)

. Longoria

- Hernandez has not shown that reasonable probability. AFFIRMED. Case: 15-40125 Document: 00513183553 Page: 2 Date Filed: 09/08/2015
§ 1120.515 Incorporation of administrative requirements into general terms and conditions by reference. ( a ) For cost-type awards to institutions of higher education, nonprofit organizations, States, local governments, and Indian tribes, DoD Components are strongly encouraged to construct the portion of their general terms and conditions addressing administrative requirements by: ( 1 ) Incorporating the standard wording of each article of administrative requirements provided in subchapter D of this chapter (the standard wording of the articles is in the appendices to 2 CFR parts 1128 through 1138) into those general terms and conditions by reference; and
( 2 ) Stating any variations from that standard wording (*e.g.,* any sections or paragraphs that the DoD Component adds, revises, or omits, consistent with the DoDGARs prescription for use of the standard wording).
( b ) Incorporating that standard wording into general terms and conditions by reference, rather than including the full text of each article of the general terms and conditions, will make it easier for those who must use terms and conditions of multiple DoD Components' awards (*e.g.,* recipients, DoD Components' post-award administrators, and auditors) to quickly identify how each Component's general terms and conditions differ from the DoD standard wording.
# EUR-Lex - 31986R0715 - EN

Avis juridique important

*|*

# 31986R0715

**Commission Regulation (EEC) No 715/86 of 6 March 1986 amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter **

*
Official Journal L 065 , 07/03/1986 P. 0018 - 0018 Finnish special edition: Chapter 3 Volume 20 P. 0151 Swedish special edition: Chapter 3 Volume 20 P. 0151 *

*****

COMMISSION REGULATION (EEC) No 715/86

of 6 March 1986

amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 6 (7) thereof,

Whereas Commission Regulation (EEC) No 3143/85 (3), as last amended by Regulation (EEC) No 000/86 (4), made provision for the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter;

Whereas Article 2 (4) and Article 4 (4) of Regulation (EEC) No 3143/85 set time limits for the removal of the butter, for its processing into concentrated butter and for packaging of the concentrated butter; whereas experience has shown that operators are having difficulties in meeting these time limits; whereas they should therefore be extended;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3143/85 is amended as follows:

1. In the third subparagraph of Article 2 (4), '12 days' is replaced by '15 days'.

2. In Article 4 (4), '60 days' is replaced by '90 days'.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply to contracts already concluded.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 March 1986.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 148, 28. 6. 1968, p. 13.

(2) OJ No L 362, 31. 12. 1985, p. 8.

(3) OJ No L 298, 12. 11. 1985, p. 9.

(4) See page 00 of this Official Journal.
§ 707.6 Employee assistance, education, and training. Contractor programs shall include the following or appropriate alternatives: ( a ) Employee assistance programs emphasizing preventive services, education, short-term counseling, coordination and referral to outside agencies, and follow-up. These services shall be available to all contractor on-site employees involved in the DOE contract. The contractor has no obligation to pay the costs of any individual's counseling, treatment, or rehabilitation beyond those services provided by the contractor's employee assistance program, except as provided for in the contractor's benefits programs. DOE undertakes no obligation to pay for any individual's counseling, rehabilitation, or treatment, unless specifically provided for by contract.
( b ) Education and training programs for on-site employees on a periodic basis, which will include, at a minimum, the following subjects: ( 1 ) For all on-site employees: Health aspects of substance abuse, especially illegal drug use; safety, security, and other workplace-related problems caused by substance abuse, especially illegal drug use; the provisions of this rule; the employer's policy; and available employee assistance services.
( 2 ) For managers and supervisors: ( i ) The subjects listed in paragraph (b)(1) of this section;
( ii ) Recognition of deteriorating job performance or judgment, or observation of unusual conduct which may be the result of possible illegal drug use;
( iii ) Responsibility to intervene when there is deterioration in performance, or observed unusual conduct, and to offer alternative courses of action that can assist the employee in returning to satisfactory performance, judgment, or conduct, including seeking help from the employee assistance program;
( iv ) Appropriate handling and referral of employees with possible substance abuse problems, especially illegal drug use; and
( v ) Employer policies and practices for giving maximum consideration to the privacy interests of employees and applicants.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
ART. 5 FDS for third quarter 1996 10-q
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                              19,708
<SECURITIES>                                             0
<RECEIVABLES>                                      134,836
<ALLOWANCES>                                         5,754
<INVENTORY>                                        176,040
<CURRENT-ASSETS>                                   326,622
<PP&E>                                             851,768
<DEPRECIATION>                                     282,999
<TOTAL-ASSETS>                                   1,207,866
<CURRENT-LIABILITIES>                              102,693
<BONDS>                                            328,740
<COMMON>                                                34
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<OTHER-SE>                                         629,015
<TOTAL-LIABILITY-AND-EQUITY>                     1,207,866
<SALES>                                            850,233
<TOTAL-REVENUES>                                   850,233
<CGS>                                              731,164
<TOTAL-COSTS>                                      731,164
<OTHER-EXPENSES>                                    66,883
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  10,793
<INCOME-PRETAX>                                     41,393
<INCOME-TAX>                                        20,790
<INCOME-CONTINUING>                                 20,603
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        20,603
<EPS-PRIMARY>                                         0.62
<EPS-DILUTED>                                         0.62
        
















</TABLE>
###### Editorial Note on Part 72

#### Editorial Note:

Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

#### § 72.34 Environmental report.

Each application for an ISFSI or MRS license under this part must be accompanied by an Environmental Report which meets the requirements of subpart A of part 51 of this chapter.
228 So.2d 313

#### STATE of Louisiana v. Robert G. MURPHY, Paul M. Pope, Jr., George C. Gibson, Leon E. Soniat, Jr.

No. 50239.

Dec. 2, 1969.

■ In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

Application not considered. When the appeal was dismissed in this case by our judgment of November 10, 1969, we specifically denied the request of the State to apply for this supervisory writ, reasoning that it had abandoned its previous application by filing the motion for an appeal before the expiration of the date on which the application should have been filed. See State v. Murphy et al., 254 La. 873, 227 So.2d 915 (handed down on November 10, 1969), and Rule XII, Section 2 of the Rules of this Court.
§ 200.521 Management decision. ( a ) *General.* The management decision must clearly state whether or not the audit finding is sustained, the reasons for the decision, and the expected auditee action to repay disallowed costs, make financial adjustments, or take other action. If the auditee has not completed corrective action, a timetable for follow-up should be given. Prior to issuing the management decision, the Federal agency or pass-through entity may request additional information or documentation from the auditee, including a request for auditor assurance related to the documentation, as a way of mitigating disallowed costs. The management decision should describe any appeal process available to the auditee. While not required, the Federal agency or pass-through entity may also issue a management decision on findings relating to the financial statements which are required to be reported in accordance with GAGAS.
( b ) *Federal agency.* As provided in § 200.513(a)(3)(vii), the cognizant agency for audit must be responsible for coordinating a management decision for audit findings that affect the programs of more than one Federal agency. As provided in § 200.513(c)(3)(i), a Federal awarding agency is responsible for issuing a management decision for findings that relate to Federal awards it makes to non-Federal entities.
( c ) *Pass-through entity.* As provided in § 200.332(d), the pass-through entity must be responsible for issuing a management decision for audit findings that relate to Federal awards it makes to subrecipients.
( d ) *Time requirements.* The Federal awarding agency or pass-through entity responsible for issuing a management decision must do so within six months of acceptance of the audit report by the FAC. The auditee must initiate and proceed with corrective action as rapidly as possible and corrective action should begin no later than upon receipt of the audit report.
( e ) *Reference numbers.* Management decisions must include the reference numbers the auditor assigned to each audit finding in accordance with § 200.516(c).
[78 FR 78608, Dec. 26, 2013, as amended at 85 FR 49575, Aug. 13, 2020]