alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Congress of the United States
Washington, BC 20515

June 17, 2011

The Honorable Hilda L. Solis
Secretary

U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210

Zl el Wd FZ NOP fiz

Dear Secretary Solis:

We write to raise our concerns with the regulation proposed by the Department of
Labor (“DOL”) (75 Fed. Reg. 65263 (Oct. 22, 2010)) amending the definition of
“fiduciary” under the Employee Retirement Income Security Act of 1974 (“ERISA”). In
particular, we have serious concerns with the DOL’s proposal to include, within the
definition of fiduciary, appraisers of securities purchased or sold by Employee Stock

Ownership Plans (“ESOPs”).

The substantial benefits of employee ownership for small businesses and their
employees have been well-documented. ESOPs allow employees to share in the growth
of their company and help build employee loyalty and dedication. We have serious
concerns that the DOL’s proposed rule will undercut these direct benefits to small
businesses by raising the operating costs of existing ESOPs and deterring the formation

of new ESOPs.

In this regard, the public comments indicate that the costs of the proposed rule on
ESOP-related services would be significant. It is clear that the proposed rule would
increase the appraiser’s insurance costs, which would be passed on directly to ESOPs.
The proposed rule would also lead to a substantial increase in litigation costs to
appraisers, and those increased costs would translate into higher fees for ESOPs. While
the DOL has asserted that making ESOP appraisers fiduciaries would solve the “common
problem” of subpar valuations, there is little or no evidence in the record that substandard
valuations are a “common problem,” or that labeling an ESOP appraiser a “fiduciary”
would solve that problem by turning careless work into careful work.

As you know, President Obama recently issued an Executive Order directing
agencies to use “the least burdensome tools for achieving regulatory ends,” and to
“select, in choosing among alternative regulatory approaches, those approaches that
maximize net benefits.” Executive Order 13563, 76 Fed. Reg. 3821 (Jan. 18, 2011).

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The administrative record indicates that the executive branch’s economic analysis
directive to federal agencies has not been satisfied in this case.

We are concerned that the DOL’s proposed rule would upset the delicate balance
observed when appraisers value private ESOP securities. The Internal Revenue Code
requires that an “independent appraiser” be used to value ESOPs due to the often
conflicting interests between exiting ESOP employees and remaining plan participants.
See IRC section 401(a)(28)(C). If DOL insists that the appraisers become fiduciaries,
their independence would necessarily be lost.

Thank you for your consideration of our request. We look forward to hearing
back from you.

Can dathent

Brett Guthrie
Member of Congress Member of Congress

Larry em David McKinley
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Member ongress Member of Congress

Nas. VWusane lop

Alan Nunnelee
Member of Congress
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: December 10, 2015 518381 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK ex rel. JERRY 

ADAMS,

Appellant,

v MEMORANDUM AND ORDER

ROBERT CUNNINGHAM, as 

Superintendent of 

Woodbourne Correctional 

Facility,

Respondent.

________________________________

Calendar Date: October 27, 2015

Before: Lahtinen, J.P., Garry, Lynch and Clark, JJ.

__________

Jerry Adams, Woodbourne, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Martin A.

Hotvet of counsel), for respondent.

__________

Appeal from a judgment of the Supreme Court (LaBuda, J.),

entered November 21, 2013 in Sullivan County, which, in a

proceeding pursuant to CPLR article 70, denied petitioner's

motion to reargue. 

In 1988, petitioner was convicted after a jury trial of

sodomy in the first degree, robbery in the first and second

degrees and criminal possession of stolen property and sentenced,

as a second violent felony offender, to a prison term of 25 to 50

years (People v Adams, 178 AD2d 536 [1991], lv denied 79 NY2d 943

[1992]). His subsequent application for a writ of error coram

nobis was denied (People v Adams, 223 AD2d 649 [1996]) and, in
-2- 518381 

1994 and 2012, his motions to vacate the judgment of conviction

pursuant to CPL article 440 were denied. In 2013, petitioner

commenced this proceeding for a writ of habeas corpus alleging,

among other things, that he had been deprived of various

constitutional rights in the criminal action, including the right

to the effective assistance of counsel, and challenging the

evidence adduced therein. Supreme Court denied petitioner's

application and dismissed the petition by judgment entered

October 1, 2013. Petitioner thereafter moved to reargue, which

the court denied in a judgment entered November 21, 2013. 

Petitioner now appeals from the judgment denying his motion to

reargue.1

No appeal lies from the denial of a motion to reargue (see

People ex rel. Timothy I. v Campbell, 95 AD3d 1497 [2012]; Putney

v People, 94 AD3d 1193, 1195 [2012], appeal dismissed 19 NY3d

1020 [2012], lv dismissed and denied 21 AD3d 909 [2013]). 

Further, petitioner's motion was not identified as, and cannot be

viewed as, a motion to renew given that he did not allege "new

facts" not previously offered "that would change the prior

determination" or provide "reasonable justification for the

failure to present such facts on the prior motion" (CPLR 2221 [e]

[2], [3]; see Gonzalez v L'Oreal USA, Inc., 92 AD3d 1158, 1160

[2012], lv dismissed 19 NY3d 874 [2012]). Thus, petitioner's

appeal from the judgment denying reargument must be dismissed. 

Lahtinen, J.P., Garry, Lynch and Clark, JJ., concur.

1 Petitioner did not file a notice of appeal from the

judgment entered on October 1, 2013 and, accordingly, it is not

before the Court on this appeal.
-3- 518381 

ORDERED that the appeal is dismissed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court
Panetta, Dempsey to mark end of Iraq mission
 By Donna Miles , American Forces Press Service
  
 BAGHDAD, Iraq (December 15, 2011) — Defense Secretary Leon E. Panetta arrived here today to join Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, in ceremonies marking the end of the U.S. military mission in Iraq. The secretary and chairman, along with Army Gen. Lloyd Austin, commander of U.S. Forces Iraq, and Ambassador James Jeffrey, will lead the U.S. delegation at the ceremony. “This will be an historic moment where we basically enter a new chapter in Iraq in which we deal with them in a way that represents the kind of normal relationship we have with other countries” in the region, Panetta told reporters traveling here with him. The secretary, who arrived here after visits to Djibouti in the Horn of Africa and Afghanistan, will join U.S. and Afghan officials in highlighting the successes made here and the service and sacrifice over the past eight years that has made it possible. As they encase the U.S. Forces Iraq colors and officially bring the mission here to an end, Panetta said the United States will forge the next phase of a long-term relationship with Iraq. The ceremony will signal that “this is not the end,” a senior defense official traveling with Panetta said. “We are changing the nature of our relationship with Iraq, but ... [will send a signal of] our commitment to continuing this strategic partnership with them.” The secretary is also scheduled to meet with about 80 of the 5,500 U.S. troops still in Iraq as the last days of the drawdown continue through Dec. 31 to thank them personally for their contributions. This is down from 144,000 troops who were on the ground when President Barack Obama took office. Panetta noted the Herculean effort that has transferred hundreds of bases and infrastructure to the Iraqis and removed thousands of troops and millions of pieces of equipment from Iraq. “It was a tremendous effort,” he said, commending Austin and his team for “the great work they did in making this happen.” Panetta will present awards to Austin and Jeffrey during ceremonies closed to media coverage.
INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by  reference  in the  following  Registration
Statements of Comcast  Corporation and its  subsidiaries on Forms S-3 and S-8 of
our report dated February 3, 1998 on the  consolidated  financial  statements of
Sprint Spectrum  Holding  Company,  L.P. and  subsidiaries  (which  expresses an
unqualified  opinion and  includes an  explanatory  paragraph  referring  to the
emergence from the developmental stage of Sprint Spectrum Holding Company,  L.P.
and  subsidiaries) for each of the three years ended December 31, 1997 appearing
in the Annual Report on Form 10-K of Comcast  Corporation  and its  subsidiaries
for the year ended December 31, 1997.

                                
<TABLE>
<CAPTION>
Title of Securities Registered                           Registration             Registration
                                                        Statement Form          Statement Number
<S>                                                         <C>                 <C>     
The Comcast Corporation Retirement Investment Plan            S-8                   33-41440

The Comcast Corporation Retirement Investment Plan            S-8                   33-63223

Storer Communications Retirement Savings Plan                 S-8                   33-54365

Stock Option Plans                                            S-8                   33-25105

Stock Option Plans                                            S-8                   33-56903

The 1996 Comcast Corporation Stock Option Plan                S-8                  333-08577

The 1996 Comcast Corporation Deferred Compensation Plan       S-8                  333-18715

Senior Debentures; Senior Subordinated Debentures;            S-3                   33-50785
Subordinated Debentures; Preferred Stock, without par
value; Depository Shares representing Preferred Stock;
Class A Common Stock, $1.00 par value; Class A Special
Common Stock, $1.00 par value and Warrants             

Class A Special Common Stock, par value $1.00 per share       S-3                  333-06161
</TABLE>


/s/ Deloitte & Touche LLP
Kansas City, Missouri
March 9, 1998
#### The People of the State of New York ex rel. James Matthews et al., Doing Business under the Firm Name of A. D. Matthews’ Sons, Respondents, *v.*Frank E. Perley et al., Constituting the State Board of Tax Commissioners, Appellants.

*People ex rel. Matthews*v. *Perley,*143 App. Div. 915, affirmed.

(Argued June 5, 1911;

decided June 16, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 20, Bill, which affirmed an order of Special Term vacating an assessment against the relators upon a vault or substructure maintained under a street in the borough of Brooklyn.

*Thomas Carmody, Attorney-General (Henry Selden Bacon*of counsel), for appellants.

*Edward M. Grout, Paul Grout*and *Frank R. Greene*for respondents.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Cray, Haight, Vann, Werner, Hiscock and Collin, JJ.
United Kingdom commander takes control of CTF Sentinel
 
  By Coalition Task Force SENTINEL Public Affairs
  MANAMA, Bahrain – The leadership of the International Maritime Security Construct (IMSC) was transferred from the United States to the United Kingdom during a ceremony at the U.S. Naval Support Activity, Bahrain, today.
“We gather to mark the first change of command of Coalition Task Force (CTF) Sentinel. This team of trailblazers and its commander, Rear Adm. Alvin Holsey, have been hard at work over the last few months, building an operational team, coordinating operations, patrolling the seas, sending messages of assurance to allies, and demonstrating the international community’s commitment to the security of this critical region,” said Vice Adm. James Malloy, Commander U.S. Naval Forces Central Command / Commander, U.S. Fifth Fleet.
In November of 2019, CTF Sentinel was formed under the IMSC and established by CTF’s first appointed commander. Participating nations include Albania, Australia, Bahrain, Kingdom of Saudi Arabia, United Arab Emirates, United Kingdom and United States.
“Looking around the room today, I see a diverse group of people representing seven nations, who’ve built IMSC into what it is today,” Holsey said. “That diversity of knowledge and experience makes us who we are. It makes our team strong. From a deep understanding of the culture, the waters, seamanship, to international shipping expertise, IMSC brings our strengths together.”
The IMSC was established to deter malign activity, promote maritime security and stability, plus ensure freedom of navigation and free flow of commerce in international waters throughout the Arabian Gulf, Strait of Hormuz, the Bab el-Mandeb Strait and the Gulf of Oman.
“Sitting in my office two months back, the First Sea Lord promised he would send the very best, a seasoned, combat experienced officer with significant regional tours under his belt - and he was true to his word!” said Malloy.
Commodore James Parkin of the Royal Navy joins CTF Sentinel with a distinguished professional record. He commands the Royal Navy’s Littoral Strike Group based at Royal Marine Barracks Stonehouse in Plymouth.
“The IMSC is committed to ensuring the safety of shipping in the Gulf region, which contains some of the most important choke points in the world. We recognize the importance of freedom of navigation and will ensure it is upheld with its seven member nations,” said Parkin.
§ 170.200 Federal agency reporting requirements. ( a ) Federal agencies must publicly report Federal awards that equal or exceed the micro-purchase threshold (see 2 CFR 200.1). Federal agencies must publish the required Federal award information on *USAspending.gov* in accordance with the guidance provided by OMB and the U.S. Department of the Treasury's Government-wide Spending Data Model (GSDM).
( b ) Federal agencies should ensure that their agency-specific requirements do not require recipients to submit data that is the same as or similar to data required by the Transparency Act during a given reporting period.
###### Editorial Note on Part 385

#### Editorial Note:

Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.

#### § 385.205 How can an individual who has lost certification to perform a safety audit or investigation, including review, be re-certified?

The individual must successfully complete the requirements of § 385.203(a) and (b).

[86 FR 48044, Aug. 27, 2021]
-----Original Message----- 

From: Brad Fields [mailto:bgfields@charter.net] 

Sent: Sunday, February 21, 2010 2:35 PM 

To: EBSA, E-ORI - EBSA 

Subject: Public Comment on RIN 1210-AB33 

The Department of Labor, in concert with other agencies of the Federal 

Government, are attempting to sucker Americans into handing over their 

retirement savings to the government. That is the subject of RIN 1210- 

AB33, which appears innocuous on the surface. However, it is nothing 

more than an attempt by the government to take more money from those of 

us who have been smart enough to save for our own personal retirements. 

If we are interested in buying US Treasuries, we can do so right now. 

I am smart enough to see that you want to use my savings to prop up 

government spending. I want you, the federal government and all its 

agencies, to keep away from my retirement savings. You have squandered 

the money you took from me to fund 

Social Security. Instead of keeping it in trust, you have spent it. 

I have no doubt that you would do the same with my retirement savings. 

Any attempt to take control of any portion of Americans' 

retirement savings will be met with the strongest possible resistance 

by all of us who have been responsible enough to save for our futures. 

We are smarter than you think. 

G. Fields 

Roswell, GA
<PAGE>
 
                                                                   EXHIBIT 23.1
 
                        CONSENT OF INDEPENDENT AUDITORS
 
  We consent to the incorporation by reference in Registration Statement No.
33-37920 and post-effective Amendment No. 1 to Registration Statement No. 33-
2-76435, both on Form S-8 and both dated November 21, 1990 and Registration
Statement No. 33-5485 on Form S-8 dated August 1, 1994 of Community
Psychiatric Centers of our report dated January 27, 1995, with respect to the
consolidated financial statements and schedule of Community Psychiatric
Centers and Subsidiaries as of November 30, 1994 and for each of the two years
in the period then ended, included in the Annual Report on Form 10-K for the
year ended November 30, 1995.
 
Ernst & Young LLP
 
Los Angeles, California
February 21, 1996
Exhibit 32-5



Certificate Pursuant to Section 1350 of Chapter 63 of Title 18 United States Code



The undersigned officer hereby certifies, as to the Report on Form 10-K of PECO Energy Company for the year ended December 31,
2005, that (i) the report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in the report fairly presents, in all material respects, the financial
condition and results of operations of PECO Energy Company.



|                           |  |  |  |  |  |                       |  |                                                
|-------------------------- |  |  |  |  |  | --------------------- |  | -----------------------------------------------
|                           |  |  | 
|Date:    February 15, 2006 |  |  |  |  |  | /s/    JOHN L. SKOLDS
|                           |  |  |  |  |  |                       |  | John L. Skolds President Exelon Energy Delivery
§ 845.11 Examination of witnesses. ( a ) *Examination.* In general, the technical panel shall initially examine witnesses. Following such examination, parties to the investigative hearing shall be given the opportunity to examine such witnesses. The board of inquiry shall then conclude the examination following the parties' questions.
( b ) *Objections.* ( 1 ) Materiality, relevancy, and competency of witness testimony, exhibits, or physical evidence shall not be the subject of objections in the legal sense by a party to the investigative hearing or any other person.
( 2 ) Such matters shall be controlled by rulings of the chairman of the board of inquiry on his or her own motion. If the examination of a witness by a party to the investigative hearing is interrupted by a ruling of the chairman of the board of inquiry, the party shall have the opportunity to show materiality, relevancy, or competency of the testimony or evidence sought to be elicited from the witness.
# Theater Counter Mine and Maritime Security Exercise

/ Published Sept. 10, 2018
**NSA BAHRAIN, Bahrain -- **U.S. Navy and coalition assets are leading numerous exercises as part of the greater U.S. 5th Fleet Theater Counter Mine and Maritime Security Exercise.
The multi-faceted exercise is being conducted to ensure maritime stability and security in the U.S. Central Command area of responsibility, connecting the Mediterranean and the Pacific through the western Indian Ocean and three strategic chokepoints.

“Cooperative security ensures cooperative prosperity, and these collective exercises conducted with our partners and allies allow us to practice the full spectrum of naval operations,” said Vice Adm. Scott Stearney, commander, U.S. Naval Forces Central Command and U.S. 5th Fleet. “This demonstration of naval maneuver, posture and partnership reassures the international community that we will ensure maritime stability and security in the Central Region, anywhere, anytime.”

U.S. 5th Fleet assets are currently leading the Theater Amphibious Combat Rehearsal (TACR) 18 and Mine Countermeasures Exercise (MCMEX) 18-3, and participating in Bright Star 18. Later this month, coastal patrol ships attached to U.S. 5th Fleet’s Task Force 55 will conduct a MK-60 Griffin surface-to-surface missile and naval gun exercises against high speed maneuvering targets

Taking place in Djibouti, TACR enhances readiness for littoral and mine countermeasures capabilities inherent to the U.S. Navy and Marine Corps team to preserve freedom of movement through the critical choke point of the Bab al Mandeb.

The guided-missile destroyer USS Carney (DDG 64), Fleet Anti-Terrorism Security Team (FASTCENT), a Task Force 55 VBSS team and a Task Force 56 expeditionary mine countermeasures company are participating in Bright Star 18, centralized around joint regional security and cooperation in conventional and irregular warfare scenarios near the critical choke point of the Suez Canal.

MCMEX 18-3, an exercise conducted between the U.S. and United Kingdom quarterly, enhances cooperation, mutual mine countermeasure capabilities and interoperability, demonstrating the shared commitment of ensuring unfettered operations of naval, support and commercial vessels throughout the maritime domain.

Five coastal patrol ships forward-deployed to Bahrain will conduct surface warfare training in the Arabian Gulf to enhance their ability to defend minesweepers and other coastal patrol ships by executing a MK-60 Griffin missile exercise and gunnery exercise.

U.S. 5th Fleet also welcomes the arrival of the F-35B to theater, as part of the Essex Amphibious Ready Group. The introduction of the world’s most advanced fighter aircraft allows U.S. Central Command to approach missions from a position of strength, providing air and maritime superiority to ensure security at sea and on land.

These combined exercises illustrate that the U.S. and our partners stand ready to ensure the freedom of navigation and the free flow of commerce wherever international law allows.

-30-
Editorial Note on Part 572
Editorial Notes: 1. For compliance provisions relating to a vehicle's conformance with the performance requirements of Standard No. 208 (§ 571.208) relating to the part 572 test dummy, see the “Effective Date Note” at subpart E of this part. 2. Nomenclature changes to part 572 appear at 69 FR 18803, Apr. 9, 2004.

§ 572.116 Instrumentation and test conditions. ( a ) The test probe for lateral thoracic and pelvis impact tests are the same as those specified in § 572.44(a).
( b ) Accelerometer mounting in the thorax is the same as specified in § 572.44(b).
( c ) Accelerometer mounting in the pelvis is the same as specified in § 572.44(c).
( d ) Head accelerometer mounting is the same as specified in § 572.36(c).
( e ) Neck transducer mounting is the same as specified in § 572.36(d).
( f ) Instrumentation and sensors used must conform to SAE Recommended Practice J211, March 1995, “Instrumentation for Impact Tests.”
( g ) The mountings for the spine, rib and pelvis accelerometers shall have no resonance frequency within a range of 3 times the frequency range of the applicable channel class.
( h ) Limb joints of the test dummy shall be set at the force between 1 to 2 g's, which just supports the limb's weight when the limbs are extended horizontally forward. The force required to move a limb segment does not exceed 2 g's throughout the range of the limb motion.
( i ) Performance tests must be conducted at a temperature between 20.6 and 22.2 degrees C. (69 to 72 degrees F.) and at a relative humidity between 10 percent and 70 percent after exposure of the dummy to those conditions for a period of at least four (4) hours.
( j ) For the performance of tests specified in § 572.114 and § 572.115, the dummy is positioned the same as specified in § 572.44(h).