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

118TH CONGRESS 

1ST SESSION H. R. 2488 

To amend the Internal Revenue Code of 1986 to make advanced nuclear 

facilities eligible for the qualifying advanced energy project credit. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2023 

Mr. DONALDS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

advanced nuclear facilities eligible for the qualifying advanced energy project credit. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ADVANCED NUCLEAR FACILITIES MADE ELIGI4 BLE FOR QUALIFYING ADVANCED ENERGY 

5 PROJECT CREDIT. 

6 (a) IN GENERAL.—Section 48C(c)(1)(A) of the Inter7 nal Revenue Code of 1986 is amended by striking ‘‘or’’ 

8 at the end of clause (ii), by striking the period at the end 

9 of clause (iii) and inserting ‘‘, or’’, and by adding at the 

10 end the following new clause: 


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2 

•HR 2488 IH

1 ‘‘(iv) which consists of an advanced 

2 nuclear facility (as defined in section 

3 45J(d)(2)).’’. 

4 (b) CLARIFICATION OF CONTINUATION OF AUTHOR5 ITY TO TREAT OTHER NUCLEAR FACILITIES AS QUALI6 FYING.—Section 48C(c)(1)(A)(i)(VII) of such Code is 

7 amended by inserting ‘‘, including nuclear energy tech8 nology,’’ after ‘‘greenhouse gas emissions’’. 

9 (c) CONFORMING AMENDMENT.—Section 

10 48C(c)(2)(A) of such Code is amended by striking ‘‘or’’ 

11 at the end of clause (ii), by inserting ‘‘or’’ at the end of 

12 clause (iii), and by inserting after clause (iii) the following 

13 new clause: 

14 ‘‘(iv) a facility described in clause (iv) 

15 of such paragraph,’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years ending after the 

18 date of the enactment of this Act. 

Æ 


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I 

118TH CONGRESS 

1ST SESSION H. R. 2289 

To provide for a limitation on availability of funds for US Department 

of Agriculture, Foreign Assistance and Related Programs, Office of the 

Under Secretary for Trade and Foreign Agricultural Affairs for fiscal 

year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee 

on Foreign Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for a limitation on availability of funds for US 

Department of Agriculture, Foreign Assistance and Related Programs, Office of the Under Secretary for Trade 

and Foreign Agricultural Affairs for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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2 

•HR 2289 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 US DEPARTMENT OF AGRICULTURE, FOR3 EIGN ASSISTANCE AND RELATED PROGRAMS, 

4 OFFICE OF THE UNDER SECRETARY FOR 

5 TRADE AND FOREIGN AGRICULTURAL AF6 FAIRS FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for US Department of Agriculture, Foreign Assist10 ance and Related Programs, Office of the Under Secretary 

11 for Trade and Foreign Agricultural Affairs for fiscal year 

12 2024 may not exceed $875,000. 

Æ 


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I 

118TH CONGRESS 

1ST SESSION H. R. 2297 

To provide for a limitation on availability of funds for Related Agency and 

Food and Drug Administration, FDA Innovation Account, Cures Act 

for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for a limitation on availability of funds for Related Agency and Food and Drug Administration, FDA 

Innovation Account, Cures Act for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 RELATED AGENCY AND FOOD AND DRUG AD5 MINISTRATION, FDA INNOVATION ACCOUNT, 

6 CURES ACT FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Related Agency and Food and Drug AdministraVerDate Sep 11 2014 23:29 Apr 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2297.IH H2297

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•HR 2297 IH

1 tion, FDA Innovation Account, Cures Act for fiscal year 

2 2024 may not exceed $50,000,000. 

Æ 


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Exhibit
        32.2
 
 **CERTIFICATION
        OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 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 Composite Technology Corporation
        (the
“Company”) on Form 10-Q for the three months ended March 31, 2008, as filed with
        the Securities and Exchange Commission on the date hereof (the “Report”), I,
        Domonic J. Carney, Chief Financial Officer of the Company, certify, pursuant
        to
        18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
        2002, that, to the best of my knowledge:
 
 (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/
        Domonic J. Carney
 Domonic
        J. Carney
 Chief
        Financial Officer
I 

118TH CONGRESS 

1ST SESSION H. R. 2279 

To provide for a limitation on availability of funds for US Department 

of Agriculture, Rural Business—Cooperative Service, Intermediary Relending Program Fund Account for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To provide for a limitation on availability of funds for US 

Department of Agriculture, Rural Business—Cooperative 

Service, Intermediary Relending Program Fund Account 

for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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2 

•HR 2279 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 US DEPARTMENT OF AGRICULTURE, RURAL 

3 BUSINESS—COOPERATIVE SERVICE, INTER4 MEDIARY RELENDING PROGRAM FUND AC5 COUNT FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for US Department of Agriculture, Rural Business— 

9 Cooperative Service, Intermediary Relending Program 

10 Fund Account for fiscal year 2024 may not exceed 

11 $18,889,000. 

Æ 


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I 

118TH CONGRESS 

1ST SESSION H. R. 2538 

To prohibit the sale of a firearm to, and the purchase of a firearm by, 

a person who is not covered by appropriate liability insurance coverage. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2023 

Mr. TAKANO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit the sale of a firearm to, and the purchase of 

a firearm by, a person who is not covered by appropriate 

liability insurance coverage. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Firearm Risk Protec5 tion Act of 2023’’. 


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2 

•HR 2538 IH

1 SEC. 2. PROHIBITIONS ON SALE OF FIREARM TO, AND PUR2 CHASE OF FIREARM BY, A PERSON NOT COV3 ERED BY APPROPRIATE LIABILITY INSUR4 ANCE. 

5 (a) PROHIBITIONS.—Section 922 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(aa)(1)(A)(i) It shall be unlawful for a person to 

9 purchase a firearm unless, at the time of the purchase, 

10 the purchaser presents to the seller proof that the pur11 chaser is covered by a qualified liability insurance policy. 

12 ‘‘(ii) It shall be unlawful for a person to sell a firearm 

13 unless, at the time of the sale, the seller verifies that the 

14 purchaser is covered by a qualified liability insurance pol15 icy. 

16 ‘‘(iii) It shall be unlawful for a person who owns a 

17 firearm purchased on or after the effective date of this 

18 subsection not to be covered by a qualified liability insur19 ance policy. 

20 ‘‘(B) Subparagraph (A) shall not apply to the pur21 chase or sale of a firearm for the use of the United States 

22 or any department or agency of the United States, or any 

23 State or any department, agency, or political subdivision 

24 of a State. 


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3 

•HR 2538 IH

1 ‘‘(2) In paragraph (1), the term ‘qualified liability in2 surance policy’ means, with respect to the purchaser of 

3 a firearm, a policy that— 

4 ‘‘(A) provides liability insurance covering the 

5 purchaser specifically for losses resulting from use of 

6 the firearm while it is owned by the purchaser; and 

7 ‘‘(B) is issued by an insurer licensed or author8 ized to provide the coverage by the State insurance 

9 regulatory authority for the State in which the pur10 chaser resides.’’. 

11 (b) PENALTY.—Section 924 of such title is amended 

12 by adding at the end the following: 

13 ‘‘(q) Whoever violates section 922(aa) shall be fined 

14 not more than $10,000.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to conduct engaged in after the 

17 180-day period that begins with the date of the enactment 

18 of this Act. 

Æ 


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```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2555

To amend the Internal Revenue Code of 1986 to repeal the limitation on 
the deduction for certain taxes, including State and local property and 
                             income taxes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2023

  Mr. Garbarino (for himself, Mr. Gottheimer, Ms. Eshoo, Mrs. Kim of 
 California, Mr. Schneider, Mr. Smith of New Jersey, Mr. Menendez, Mr. 
Lawler, Mr. D'Esposito, Mr. Molinaro, Mr. Ryan, Mr. Kean of New Jersey, 
   Mr. Swalwell, Ms. Meng, Mr. Morelle, Mr. Sherman, Mr. Casten, Mr. 
   Courtney, Mr. Phillips, Mr. Tonko, Mr. Quigley, Ms. Lofgren, Ms. 
   McCollum, Mr. Carbajal, Mrs. Watson Coleman, Mr. Auchincloss, Mr. 
 Connolly, Mr. Krishnamoorthi, Mr. Pallone, Ms. Craig, Mr. Foster, Ms. 
Bonamici, Ms. Sanchez, Ms. Sherrill, Mr. Kim of New Jersey, Mr. LaLota, 
 Mr. Levin, Mr. Raskin, Mr. Huffman, Mr. Davis of Illinois, Mr. Gomez, 
    Ms. Chu, Ms. Norton, Mr. Panetta, Ms. Brownley, and Mr. Nadler) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to repeal the limitation on 
the deduction for certain taxes, including State and local property and 
                             income taxes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Access to Lower Taxes by 
ensuring Deductibility Act'' or the ``SALT Deductibility Act''.

SEC. 2. REPEAL OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC. 
              TAXES.

    (a) In General.--Section 164(b) of the Internal Revenue Code of 
1986 is amended by striking paragraph (6).
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2022.
                                 <all>
```
Exhibit 13.1  SECTION 906 CERTIFICATION  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 on Form 20-F for the fiscal year
ended December 31, 2003 of ABB Ltd (the Company) as filed with the U.S.
Securities and Exchange Commission (the Commission) on the date hereof (the
Report) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, Jürgen Dormann, Chief
Executive Officer of the Company, certify, that:  (1)the
Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and  (2)the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.   By:
  /s/ Jürgen DormannName:
  Jürgen DormannTitle:
  Chief Executive Officer  Date: April 9, 2004   A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to ABB Ltd
and will be retained by ABB Ltd and furnished to the Securities and Exchange
Commission or its staff upon request.
ENPH 06.30.2015 10-Q EX-10.3


[***] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.                                            
    


Exhibit 10.3
First Amendment to the
Supply Agreement 
between
Dow Corning Corporation
and
Enphase Energy, Inc.


This First Amendment to the Supply Agreement (the “Amendment”), effective as of August 1, 2014 is made by and between Dow Corning Corporation, with its principal offices located at 2200 W. Salzburg Road, Midland, MI 48686 ("Dow Corning") and Enphase Energy, Inc. with its principal offices located at 1420 N. McDowell Blvd., Petaluma, CA 94954 (“Buyer”) and amends that certain Supply Agreement (Dow Corning Accession Number CW248785), made as of April 22, 2014 by and between Dow Corning and Buyer (the “Agreement”).


NOW, THEREFORE, in consideration of the mutual promises contained in this First Amendment, the parties agree as follows: 


		
	1.
	The full container load description has been amended.  Section 6.1 will be replaced by the following:  




Freight terms are INCOTERMS 2010 [***] to Flextronics Electronics Technology(Shenzhen) Co., LTD # 89 Yong Fu Road, Tong Fu Yu Industrial Park, Fu Yong Town, Bao An District, Shenzhen, 518103 P.R. China or any other location agreed to by Buyer and Dow Corning.  Title and risk of loss with respect to all Products shall pass to Buyer upon delivery pursuant to [***] terms.  Except as set forth in Section 6.4, Dow Corning will deliver the Product(s) in full container loads (78 drums/39 kits, double stacked) from Dow Corning’s bonded warehouse in Hong Kong.  Upon notification from Dow Corning for shipment release against a purchase order placed by Buyer to Dow Corning, Buyer or its designated agent must complete Import Customs Clearance and provide confirmation thereof to Dow Corning prior to completion of the shipment to Flextronics warehouse in Shenzhen, China.


Except as specifically modified or amended hereby, the Agreement shall remain in full force and effect and, as modified or amended, is hereby ratified, confirmed and approved.


IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized officers.




	
					
	DOW CORNING CORPORATION
	 
	ENPHASE ENERGY, INC.

	 
	 
	 
	 
	 

	By:
	/s/ John E. Church
	 
	By:
	/s/ Paul Nahi

	Name:
	John E. Church
	 
	Name:
	Paul Nahi

	Title:
	Sales Director
	 
	Title:
	President & CEO

	Date:
	July 30, 2014
	 
	Date:
	July 23, 2014
<PAGE>
                                                                    EXHIBIT 99.1



                                 HOLLINGER INC.
                              CHANGES TO MANAGEMENT

Toronto, Canada, November 24, 2004 - Hollinger Inc. (TSX: HLG.C; HLG.PR.B)
announced today that it has reconstituted its management structure. The Board
now consists of six directors: Paul A. Carroll, Q.C., Robert J. Metcalfe, Donald
M.J. Vale, Allan Wakefield, Gordon W. Walker, Q.C. and Peter G. White. The
composition of the Board follows upon the resignation of Conrad Lord Black as a
director, Chairman and CEO on November 2, 2004 and the decision of Mr. Justice
Colin Campbell of the Ontario Superior Court on November 18, 2004, to remove as
directors Barbara Amiel Black, F. David Radler and John A. Boultbee.

The Board will supervise the various executive functions of Hollinger and will
continue to be actively involved with litigation and regulatory matters
affecting Hollinger. Mr. Walker has been appointed as the initial Chairman of
the Board and Mr. Vale will initially assume the function of President.

The resignations of Mr. Radler as Deputy Chairman, President and Co-Chief
Operating Officer and Ms. Amiel Black as Vice-President, Editorial, have been
received and accepted.

The Independent Privatization Committee appointed to oversee the proposal
received by Hollinger from The Ravelston Corporation Limited to privatize
Hollinger continues with Messrs. Metcalfe and Wakefield as its members. Mr.
Walker has retired from the Committee to assume his position of initial Chairman
of the Board. The Committee has engaged GMP Securities Ltd. as independent
financial advisors and Wildeboer Dellelce LLP as independent legal advisors.

As a result of the recent recomposition of the Board and changes in management,
the Audit Committee is now comprised of Allan Wakefield (Chairman), Paul A.
Carroll, Q.C. and Robert J. Metcalfe.

Hollinger's principal asset is its approximately 68.0% voting and 18.2% equity
interest in Hollinger International Inc. Hollinger International is a newspaper
publisher whose assets include the Chicago Sun-Times and a large number of
community newspapers in the Chicago area, a portfolio of news media investments
and a variety of other assets.


Media contact:
Jim Badenhausen
646-805-2006

                              www.hollingerinc.com
Exhibit 32.1   ForeverGreen Worldwide Corp.  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officers of ForeverGreen Worldwide Corp. certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  · the annual report on Form 10-K of the Company for the year ended December 31, 2008, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  · the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: April 14, 2009/s/ Ronald K. Williams
Ronald K. Williams
Chief Executive Officer



/s/ Paul T Frampton
Paul T. Frampton
Chief Financial Officer
**CERTIFICATE 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 Yearly Report of AVVAA World Health Care Products,Inc.(the "Company") to Form 10-KSB for the year ended May 31,2006 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), I, Charles Austin, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of 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 respect, the financial condition and result of operations of |
|   | the Company.                                                          |   |
|        |                                                                       |        |  |

 

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.

 

/s/ *Charles Austin*
| Name:  | Charles Austin          |   |
|--------|-------------------------|--------|
| Title: | Chief Financial Officer |

 
| Date: | September 13, 2006 |
|-------|--------------------|
#### Harish KUMAR, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-75045.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Decided June 16, 2006.

Robert B. Jobe, Esq., Law Offices of Robert B. Jobe, San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, lia C. Deiss, USSF— Office of the U.S. Attorney, San Francisco, CA, for Respondent.

Before: FERNANDEZ, KLEINFELD, and BERZON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Harish Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Tor*618ture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. *Malhi v. INS,*336 F.3d 989, 992-93 (9th Cir.2003). We grant the petition and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. First, Kumar consistently testified that although he was born Hindu, he had attended a Sikh gudwara since the age of twelve. *See Chen v. Ashcroft,*362 F.3d 611, 618 (9th Cir.2004) (no basis for adverse credibility finding where petitioner testified consistently and gave logical explanation for perceived discrepancy). Second, the IJ’s speculation regarding whether police would accept a bribe to give Kumar clearance to leave the country and whether they would cease harassing him for the period between his two arrests can not form the basis for an adverse credibility finding. *See Kaur v. Ashcroft,*379 F.3d 876, 887 (9th Cir.2004). Third, Kumar’s testimony regarding his medical treatment was detailed. *See Zheng v. Ashcroft,*397 F.3d 1139, 1147 (9th Cir.2005). Finally, because each of the IJ’s proffered reasons for the adverse credibility finding fails, Kumar’s testimony must be accepted as true, and no further corroboration is required. *See Kaur,*379 F.3d at 890.

Accordingly, we grant the petition for review and remand to the BIA to determine whether, accepting Kumar’s testimony as credible, he is eligible for relief. *See INS v. Ventura,*537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.