alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NVLAP ASSESSOR BULLETIN AB-31-2020 PAGE 1 OF 1

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

National Voluntary Laboratory Accreditation Program

ISSUE DATE:

August 10, 2020

ASSESSOR BULLETIN NUMBER: AB-31-2020

LAP: ALL

SUBJECT: General updates for the release of NIST Handbook 150:2020

The purpose of this bulletin is to provide some general updates to NLVAP assessors regarding 

the revision to NIST Handbook 150:2020.

All assessors have received the notice on August 10, 2020 that NVLAP released the 2020 

version of NIST Handbook 150, NVLAP Procedures and General Requirements. The 

memorandum issued on August 10th outlined the changes to the handbook.

A significant number of the changes made were to incorporate into the handbook those revised 

processes previously implemented with regards to the lab and assessor interaction with the 

NVLAP Interactive Web System (NIWS).

In addition, Annex B, Implementation of traceability policy in accredited laboratories, has been 

revised to reflect the recent revision to ILAC P10:07/2020, ILAC Policy on Metrological 

Traceability of Measurement Results. ILAC P10 allows metrological traceability to be 

established using certified reference materials (CRMs) provided through accredited reference 

material producers (RMPs). These changes are in Annex B.3.1.b and B.3.3

With the revision of NIST Handbook 150, the NVLAP General Criteria Checklist (ISO/IEC 

17025:2017) has also been updated. Within the checklist, sections 4 through 8, which are the 

accreditation requirements found in ISO/IEC 17025:2017, have not been revised. Annexes A, B, 

and E of the checklist have been revised to reflect the changes within the Handbook.

Beginning September 1, 2020, the revised NVLAP General Criteria Checklist will be required 

to be used for all assessments performed.

For any currently assigned assessments, please note that the laboratory is not required to 

resubmit an updated checklist.

Please contact your NVLAP program manager if you have any questions.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 60437 Summary Calendar

**____________ Elsa Diaz** 

**- Pajardo,** 

Petitioner **,**

versus
**Merrick Garland,** U.S. Attorney General **,** Respondent

**.**

**______________________________** Petition for Review of an Order of the Board of Immigration Appeals Agency No. A098 488 759

**______________________________** Before **Barksdale, Graves,** and **Oldham,** Circuit Judges

**. Per Curiam**  **:** ***** Proceeding pro se , Elsa Diaz

- Pajardo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals ’ (BIA) order affirming the denial of her motion to reopen and to rescind her in absentia order of removal. See, e.g. , Jaco v. Garland , 24 F.4th 395, 400 (5th

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED March 27, 2024 Lyle W. Cayce Clerk Case: 23-60437 Document: 74-1 Page: 1 Date Filed: 03/27/2024No. 23

- 60437

2 Cir. 2021) (“We construe the filings of pro se litigants liberally.”). (The motion to reopen was filed more than 15 years after the 2004 removal order.)

Diaz contends she was not notified properly of her removal hearing. Our court review s denial of a motion to reopen under a “ highly deferential abuse

- of

- discretion standard ”

. Mauricio

- Benitez v. Sessions , 908 F.3d 144, 147 (5th Cir. 2018) (citation omitted)

. An in absentia removal order may be rescinded if an alien shows : she did not receive notice of the hearing in accordance with 8 U.S.C. § 1229(a) ; and the failure to appear was through no fault her own . 8 U.S.C. § 1229a(b)(5)(C)(ii). Section 1229(a) provides that an alien subject to removal proceedings is entitled to written notice specif y i ng , inter alia , the time and place of the removal proceedings and the consequences for failing to appear. 8 U.S.C. § 1229(a)(1)(G). An alien , however, is not entitled to written notice of her removal hearing if she fails to provide an address where she can be notified after being informed of her obligation to do so. E.g. , Nivelo Cardenas v. Garland , 70 F.4th 232, 243 (5th Cir. 2023). It is undisputed that Diaz never provided an address where she could be notified , despite being advised of her obligation to do so

. S he , therefore , forfeited her right to notice. See id

. **DENIED**

. Case: 23-60437 Document: 74-1 Page: 2 Date Filed: 03/27/2024
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Case: 1:20-cv-02633 Document #: 47 Filed: 06/18/20 Page 1 of 1 PageID #:337
`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Referred in Senate (RFS)]







105th CONGRESS
  1st Session
                                H. R. 998


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 1997

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
                   For the relief of Lloyd B. Gamble.

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

SECTION 1. APPROPRIATION OF FUNDS.

    (a) Payment.--The Secretary of the Treasury shall pay, out of any 
money in the Treasury not otherwise appropriated, to Lloyd B. Gamble of 
Fairfax, Virginia, the sum of $253,488.
    (b) Basis.--The payment required by subsection (a) shall be to 
compensate Lloyd B. Gamble for the injuries sustained by him as a 
result of the administration to him, without his knowledge, of lysergic 
acid diethylamide by United States Army personnel in 1957.

SEC. 2. SATISFACTION OF CLAIMS.

    The payment made pursuant to section 1 shall be in full 
satisfaction of all claims Lloyd B. Gamble may have against the United 
States for any injury described in such section.

SEC. 3. INELIGIBILITY FOR ADDITIONAL BENEFITS.

    Upon payment of the sum referred to in section 1, Lloyd B. Gamble 
shall not be eligible for any compensation or benefits from the 
Department of Veterans Affairs or the Department of Defense for any 
injury described in such section.

SEC. 4. LIMITATION OF AGENTS AND ATTORNEYS FEES.

    It shall be unlawful for an amount of more than 10 percent of the 
amount paid pursuant to section 1 to be paid to or received by any 
agent or attorney for any service rendered to Lloyd B. Gamble in 
connection with the benefits provided by this Act. Any person who 
violates this section shall be guilty of an infraction and shall be 
subject to a fine in the amount provided in title 18, United States 
Code.

            Passed the House of Representatives October 7, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.`
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 477 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         June 19, 1998.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 4059) making appropriations for military construction, family 
housing, and base realignment and closure for the Department of Defense for the 
fiscal year ending September 30, 1999, and for other purposes. The first reading 
of the bill shall be dispensed with. General debate shall be confined to the 
bill and shall not exceed one hour equally divided and controlled by the 
chairman and ranking minority member of the Committee on Appropriations. After 
general debate the bill shall be considered for amendment under the five-minute 
rule. Points of order against provisions in the bill for failure to comply with 
clause 2 or 6 of rule XXI are waived. During consideration of the bill for 
amendment, the Chairman of the Committee of the Whole may accord priority in 
recognition on the basis of whether the Member offering an amendment has caused 
it to be printed in the portion of the Congressional Record designated for that 
purpose in clause 6 of rule XXIII. Amendments so printed shall be considered as 
read. The Chairman of the Committee of the Whole may: (1) postpone until a time 
during further consideration in the Committee of the Whole a request for a 
recorded vote on any amendment; and (2) reduce to five minutes the minimum time 
for electronic voting on any postponed question that follows another electronic 
vote without intervening business, provided that the minimum time for electronic 
voting on the first in any series of questions shall be 15 minutes. At the 
conclusion of consideration of the bill for amendment the Committee shall rise 
and report the bill to the House with such amendments as may have been adopted. 
The previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
    Sec. 2. Pending the adoption by the Congress of a concurrent resolution on 
the budget for fiscal year 1999, the following allocations contemplated by 
section 302(a) of the Congressional Budget Act of 1974 shall be considered as 
made to the Committee on Appropriations:
            (1) New discretionary budget authority: $531,961,000,000.
            (2) Discretionary outlays: $562,277,000,000.
            (3) New mandatory budget authority: $298,105,000,000.
            (4) Mandatory outlays: $290,858,000,000.
            Attest:

                                                                          Clerk.
```
EXHIBIT 32.2

CERTIFICATION

PURSUANT TO RULE 13A-14(B) OR RULE 15D-14(B)

OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350

In connection with the Annual Report of EPL Intermediate, Inc. (the Company) on Form 10-K for the year ended December 28, 2005 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Joseph Stein, Vice President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | 3. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 4. | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                      
|----------------------
|/s/ Joseph Stein      
|Joseph Stein          
|Vice President        
|EPL Intermediate, Inc.
|April 10, 2006        

This certification is made solely for the purpose of 18 U.S.C. Section 1350, and not for any other purpose. A
signed original of this written statement required by Section 906 has been provided EPL Intermediate, Inc. and will be retained by EPL Intermediate, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Two comments.

o In advance of use, make sure you understand if/how your AI/ML provider is using your data to 

improve their services. At least one provider has “opt-in" as the default setting for use of AI/ML 

services. Recommend that the NIST organization request that all cloud providers have a default 

setting of “opt-out” to prevent inadvertent data spillage. Even if there are controls to anonymize 

or protect customer data, it comes across as “irritating” or a violation of trust to learn of this 

practice after use of a service.

o Some AI/ML activities require “ground-truth labeling” for model training. Payment for human 

intelligence tasks (HITs) or equivalent should be fair and reasonable, taking into 

consideration wage and other potentially applicable regulations. Guidance on this would be in 

line with ethical use of AI/ML services.
<PAGE>

EXHIBIT 32.2

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
               PURSUANT TO 18 U.S.C. SS. 1350 ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Report of Physical Spa & Fitness Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Darrie Lam, Chief Financial 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 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 result of operations of the Company.

/s/ Darrie Lam
-------------------------
Darrie Lam
Chief Financial Officer

November 13, 2006
NIST/ITL Procedures fo

Development of 

American National Standar

Using the Canvass Me

Michael D. Hogan

Standards Liaison

NIST/ITL

1 (301) 975 – 2926

m.hogan@nist.gov

A

W
ANSI

http://ansi.org/

• Accredits standards develope

~ 200

• Approves procedures of stand

developers.

• Audits standards developers e

years.

• Approves American National 

(ANS). 

>10,000
NIST ITL

• NIST/ITL (and its predecessor organiza

been accredited by ANSI as a standardsince October 5, 1984 for the following activities: 

"Standards and guidelines for information eto automatic data processing and related sy

• New NIST/ITL procedures for ANS dev

the canvass method are being reviewed and will be posted when forwarded to A

– http://www.itl.nist.gov/biometrics/

• The next ANSI audit of NIST/ITL is sche

end of 2006.
Hallmarks of the ANS Pr

• consensus on a proposed standard by a 

"consensus body" that includes represenmaterially affected and interested parties

• broad-based public review and comme

standards; 

• consideration of and response to com

submitted by voting members of the relebody and by public review commenters; 

• incorporation of approved changes in

standard; and 

• right to appeal by any participant that b

process principles were not sufficiently rethe standards development in accordancaccredited procedures of the standards d
NIST ITL Procedural Hig

• NIST/ITL uses the canvass method to e

consensus (i.e., the consensus body is canvass members).

• NIST/ITL will issue a call for members t

development of the canvass list.

• Canvass members have obligation to v

– affirmative, negative with reasons, abstain w

• All interested parties can get all docume• Criteria for approval is approval by at le

the canvass list, excluding abstentions, two-thirds of those voting, excluding ab

• Right to appeal to NIST/ITL and then to 
ANSI Standards Acti

March 25, 2005

• NIST PINS for Revision to ANSI/NI• Scope summary:

The proposed revision of this standthe content, format, and units of mefor the exchange of fingerprint, otheand descriptive information that can identification of subjects. This informintended for interchange among cri

and homeland security administratiorganizations that rely on automateand other biometric identification sy
NIST/ITL ANS Standards Process 

NIST ITL announcesworkshop to solicit requirements and interest for drafting new or revised ANS.

NIST ITL submitsPINS form to ANSI for initiation of project to draft new or revised ANS.

ANSI lists PINS announcement in Standards Action for45-day public review period.

Start

NIST ITL responds toany PINS comments; develops canvass list; and drafts ANS forballot.

NIST ITL issues 45-day ballot and submits to ANSI for concurrent 45-day public review.

Comments?

Any

Substantive 

Changes?

NIST ITL issues 30-day recirculation ballot.

Ballot 

approved ?

YES

YES

NO

YES

NO

NO

This Flow Chart is to be used as a reference guide only. The authoritative procedures shall be the NIST/ITL ANS Standards Development Process posted on its website.

A

B

C
EXHIBIT 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Ming Hsieh, certify that:

1. I have
reviewed this annual report on Form 10-K/A of Cogent, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

Date: April 28, 2006



/s/    MING
HSIEHMing Hsieh Chief Executive Officer
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3

Eastern Division

REPUBLIC TECHNOLOGIES (NA), LLC, et

al.

Plaintiff,

v. Case No.: 1:20−cv−00462

Honorable Robert M. Dow Jr.

R & J 2 Inc., et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, October 29, 2020:

 MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference

held. Defendants R & J 2 Inc. and Jacob Nofal failed to appear. Defendant Ramy Nofal

appeared by telephone. Defendant Ramy Nofal's oral motion for 30 days to obtain counsel

is granted. Defendant Nofal is directed to file a pro se appearance form immediately so

that he may receive notices until his lawyer files their appearance. Plaintiff's motion for

default judgment [29] is entered and continued to 12/9/2020 at 9:00 a.m. The pro se

appearance form was emailed to the Defendant via email on 10/29/2020 at 1:00 p.m.

Emailed notice.(cdh, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:20-cv-00462 Document #: 31 Filed: 10/29/20 Page 1 of 1 PageID #:210
ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 23-0426 

JESUS VILLANUEVA, 

Petitioner and Appellant, 

v. 

STATE OF MONTANA, 

Respondent and Appellee. 

F" D 

AUG 15 2023 

Bowen 

Greerevoodurt 

Clerk of Supierne Co 

f Mor1t3 ,10 State o

ORDER 

Jesus Villanueva has filed a verified Petition for an Out-of-Time Appeal, indicating 

that he failed to file the Notice of Appeal timely due to his disabilities of dyslexia and 

dysgraphia. He provides a copy of the final judgment and has served opposing counsel. 

Villanueva also moves for counsel. 

Villanueva seeks to appeal a June 21, 20231 Order denying his petition for 

postconviction relief, issued in the Thirteenth Judicial District Court, Yellowstone County. 

M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the 

infrequent harsh case and under extraordinary circumstances amounting to a gross 

miscarriage of justice[1" 

Villanueva's appeal is timely. He has sixty days from the date of the court's order 

to file an appeal. M. R. App. P. 4(5)(a)(i). Villanueva had until August 20, 2023, to file a 

timely appeal. We conclude that Villanueva has demonstrated extraordinary circumstances 

to warrant granting his Petition. 

Villanueva, however, is not entitled to appointment of counsel in this appeal. There 

is no right to the appointment of counsel in a postconviction proceeding for relief. 

The District Court's Order initially indicated that it was signed by the District Court Judge on 

June 21, 2022. The District Court has since amended its Order. 

08/15/2023

Case Number: DA 23-0426
Villanueva represented himself in the District Court. Although a court may order the 

assignment of counsel under the circumstances outlined in § 46-8-104, MCA, Villanueva 

has not demonstrated that extraordinary circumstances exist to justify appointment of 

counsel, pursuant to § 46-8-104(3), MCA. Therefore, 

IT IS ORDERED that Villanueva's Petition for an Out-of-Time Appeal is 

GRANTED. The Clerk of the Supreme Court is directed to file Villanueva's submitted 

Notice of Appeal as of this Order's date. 

IT IS FURTHER ORDERED that Villanueva's Motion for Appointment of Counsel 

is DENIED. 

The Clerk is also directed to provide a copy of this Order to counsel of record and 

to Jesus Villanueva along with a copy of this Court's Civil Appellate Handbook. 

DATED this I 6 - day of August, 2023. 

2