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#   FY2011 Justification

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fy2011justification_0.pdf

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION_1.html

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3387

To amend the Employee Retirement Income Security Act of 1974 to permit 
 retirement plans to consider certain factors in investment decisions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

 Ms. DelBene introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend the Employee Retirement Income Security Act of 1974 to permit 
 retirement plans to consider certain factors in investment decisions.

    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 ``Financial Factors in Selecting 
Retirement Plan Investments Act''.

SEC. 2. ERISA AMENDMENTS.

    (a) In General.--Subsection (a) of section 404 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by 
adding at the end the following new paragraph:
    ``(3)(A) Provided that a fiduciary discharges the fiduciary's 
duties with respect to a plan in a manner otherwise consistent with 
this subsection, a fiduciary may--
            ``(i) consider environmental, social, governance, or 
        similar factors, in connection with carrying out an investment 
        decision, strategy, or objective, or other fiduciary act; and
            ``(ii) consider collateral environmental, social, 
        governance, or similar factors as tie-breakers when competing 
        investments can reasonably be expected to serve the plan's 
        economic interests equally well with respect to expected return 
        and risk over the appropriate time horizon.
    ``(B) In a case described in clause (i) or (ii) of subparagraph 
(A), a fiduciary shall not be required to maintain any greater 
documentation, substantiation, or other justification of the 
fiduciary's actions relating to such fiduciary act than is otherwise 
required under this part.
    ``(C) Nothing in this part shall preclude an investment selected in 
accordance with clause (i) or (ii) of subparagraph (A) from being 
treated as a default investment or a component of such a default 
investment (as described in regulations issued by the Secretary under 
subsection (c)(5)(A)), if such investment would otherwise qualify for 
such treatment under such regulations.''.
    (b) Effect on Regulations.--The rule entitled ``Financial Factors 
in Selecting Plan Investments'', published by the Employee Benefits 
Security Administration of the Department of Labor on November 13, 2020 
(85 Fed. Reg. 72846), shall cease to have force or effect on the date 
of enactment of this Act.
                                 <all>
```
BEAUCHAMP & COMPANY

CHARTERED ACCOUNTANTS

#205 - 788 BEATTY STREET

VANCOUVER, B.C.

V6B 2M1

PHONE: 604-688-2850

FAX; 604-688-2777







INDEPENDENT AUDITORS' CONSENT



To the Board of Directors of DRC Resources Corporation



We hereby consent to the use in this registration statement on Form 20-F of our report dated February 17, 2003 relating to the consolidated financial statements of DRC Resources Corporation, which appear in such registration statements.







|Vancouver, B.C.   | "BEAUCHAMP & COMPANY"
|----------------- | ---------------------
|November 28, 2003 | Chartered Accountants
109 A.3d 669

#### IN THE MATTER OF ARNOLD M. ABRAMOWITZ, AN ATTORNEY AT LAW (ATTORNEY NO. 027231976).

March 12, 2015.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 14-150, concluding on the record certified to the Board pursuant to *Rule*l:20-4(f) (default by respondent), that ARNOLD M. ABRAMOWITZ of IRVINGTON, who was admitted to the bar of this State in 1976, should be suspended from the practice of law for a period of one year for violating *RPC*1.1(b) (pattern of neglect), *RPC*1.4(b) (failure to communicate with client), and *RPC*8.1(b) (failure to cooperate with disciplinary authorities), and good cause appearing;

It is ORDERED that ARNOLD M. ABRAMOWITZ is suspended from the practice of law for a period of one year and until the further Order of the Court, effective April 13, 2015; and it is further

ORDERED that respondent comply with *Rule*1:20-20 dealing with suspended attorneys; and it is further

*590ORDERED that pursuant to *Rule*1:20—20(c), respondent’s failure to comply with the Affidavit of Compliance requirement of *Rule*l:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent’s petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of *RPC*8.1(b) and *RPC*8.4(e); and (3) provide a basis for an action for contempt pursuant to *Rule*1:10-2; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in *Rule*1:20-17.
Company Compensation Plan for Non Employee Directors



 Exhibit 10.22 
 SELECTICA, INC. 
 COMPENSATION PROGRAM FOR NON-EMPLOYEE DIRECTORS 
 EFFECTIVE AUGUST 1, 2006 
  

	A.	Cash Compensation 

  

	 	1.	Board retainer: $20,000 per year, paid in quarterly installments. 

  

	 	2.	Committee chair retainer: $10,000 per year ($20,000 per year for the Audit Committee chair), paid in quarterly installments. This includes the chair of a special committee.


  

	 	3.	Committee member retainer (other than chair): $5,000 per year, paid in quarterly installments. Only the first committee membership counts for this purpose. Special committees
are treated like the standing committees (Audit, Compensation and Nominating). 

  

	 	4.	Meeting Fees: 

  

	 	(a)	$1,000 for each meeting of the full Board attended in person. 

  

	 	(b)	$500 for each meeting of the full Board attended by telephone. 

  

	 	(c)	$1,000 for each meeting of a special committee attended in person. 

  

	 	(d)	$500 for each meeting of a special committee attended by telephone 

  

	 	(e)	No additional compensation for meetings of standing committees. 

 Meeting fees are paid quarterly, with retainers. 
  

	B.	Equity Compensation 

  

	 	1.	Triennial stock option grants: Options to purchase 50,000 shares. The options become exercisable in equal installments on the first three anniversaries of the grant, with
immediate full vesting in the event of a change in control. The options will be granted by the Compensation Committee under the 1999 Equity Incentive Plan (the “EIP”) in conjunction with the director’s initial appointment or election
to the Board and at three-year intervals thereafter (provided that the director’s service continues). A director who is in office on August 1, 2006, will commence receiving these option grants on the next three-year anniversary of his or
her initial appointment or election. A director who took office after August 1, 2006, but before the adoption of this Program by the Board, will commence receiving these option grants on the date of the adoption of this Program.


  








	 	2.	Annual restricted stock unit grants: Units equivalent to shares with a market value of $25,000. All of the units vest on the first anniversary of the grant, with immediate
full vesting in the event of a change in control. The units will be settled in the form of an equal number of shares on the first permissible trading date after they vest (or a further deferral could be elected). The units will be granted by the
Compensation Committee under the EIP in conjunction with each Annual Meeting of stockholders. However, in lieu of a grant in conjunction with the 2006 Annual Meeting of stockholders, a grant will be made on the date of the adoption of this Program
by the Board. 

  

	C.	Expenses 

 The reasonable expenses incurred by
directors in connection with attendance at Board or committee meetings will be reimbursed upon submission of appropriate substantiation. 
  

 2
Exhibit
32





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officers of Bay National Corporation
(the “Company”) each certifies, to the best of his knowledge, that the Company’s
Quarterly Report on Form 10-Q for the quarter ended September 30, 2008 fully
complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and that the information contained in that Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.








/s/ Hugh
W. Mohler





Hugh W.
Mohler


Chairman,
President and Chief Executive Officer


November14,
2008




















/s/ Mark
A. Semanie





Mark A.
Semanie


Executive
Vice President and Chief Financial Officer


November14, 2008





This
certification is being furnished solely pursuant to 18 U.S.C. Section 1350
and is not being filed as part of the Form 10-Q or as a separate disclosure
document, and may not be disclosed, distributed or used by any person for any
reason other than as specifically required by law.











40
EXHIBIT 32(A)

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


         In connection with the Quarterly Report of Murray United Development
Corp. on Form 10-QSB for the period ending October 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof, I, Dwight Foster, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:


1.       The Report 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.


Date:  December 19, 2003                             /s/  Dwight Foster
                                                     ----------------------

                                                     DWIGHT FOSTER,
                                                     Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1



<S>                                                  <C>
<PERIOD-TYPE>                                        YEAR
<FISCAL-YEAR-END>                                    OCT-01-2000
<PERIOD-START>                                       OCT-04-1999
<PERIOD-END>                                         OCT-01-2000
<CASH>                                               753,300
<SECURITIES>                                         0
<RECEIVABLES>                                        1,668,800
<ALLOWANCES>                                         20,000
<INVENTORY>                                          12,182,300
<CURRENT-ASSETS>                                     14,819,800
<PP&E>                                               8,025,900
<DEPRECIATION>                                       5,602,200
<TOTAL-ASSETS>                                       17,588,500
<CURRENT-LIABILITIES>                                704,800
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             18,522,700
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         17,588,500
<SALES>                                              11,785,900
<TOTAL-REVENUES>                                     11,785,900
<CGS>                                                7,278,800
<TOTAL-COSTS>                                        2,076,200
<OTHER-EXPENSES>                                     1,660,600
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   314,100
<INCOME-PRETAX>                                      512,400
<INCOME-TAX>                                         (10,200)
<INCOME-CONTINUING>                                  522,400
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         522,400
<EPS-BASIC>                                          0.08
<EPS-DILUTED>                                        0.08


</TABLE>
EXHIBIT 32.1



CERTIFICATIONS PURSUANT TO CHAPTER 63 OF TITLE 18 U.S.C.

SECTION 1350 AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Parlux Fragrances, Inc. (the "Company") on Form 10-K for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ilia Lekach, Chief Executive Officer of the Company, certify, pursuant to Chapter 63 of Title 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 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 results of operations of the Company.

| |     |                                                  
| | --- | -------------------------------------------------
| | By: | /s/ ILIALEKACH                                   
| |     | Ilia Lekach
Chief Executive Officer
July 24, 2006

The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure document.

A signed original of the written statement required by Section 906 has been provided to Parlux Fragrances, Inc. and will be retained by Parlux Fragrances, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-60747 

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CRAIG EDWARD TANNER, 

also known as Gerald Bongiorno,

also known as Jerry Neil Tanner,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 1:94-CR-123-1-D

- - - - - - - - - -

March 8, 2002

Before DeMOSS, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

Craig Edward Tanner, federal prisoner # 85601-022, appeals 

the district court’s denial of his Fed. R. Crim. P. 35(a) motion

to reduce sentence on remand. Tanner’s sentence was not on

remand before the district court; therefore, his Rule 35(a)

motion was unauthorized. His instant request for an order of

remand is an untimely attempt to appeal his conviction and

sentence. The district court’s judgment is AFFIRMED. 
No. 01-60747 

-2-

Alternatively, Tanner requests authorization to file a

successive § 2255 motion. He has failed to assert either a new

rule of constitutional law or newly discovered evidence that

would entitle him to file a successive motion in the district

court. See 28 U.S.C. § 2255; 28 U.S.C. § 2244(b)(3)(A)-(C). 

Accordingly, his request is DENIED.

AFFIRMED; motion DENIED.
[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Notices]
[Page 66424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31585]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Delaware and Lehigh Heritage Corridor Commission Meeting

AGENCY: Department of Interior, Office of the Secretary.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: This notice announces an upcoming meeting of the Delaware & 
Lehigh National Heritage Corridor Commission. Notice of this meeting is 
required under the Federal Advisory Committee Act (Public Law 92-463).
    Meeting Date and Time: Friday, January 11, 2002, Time 1:30 p.m. to 
4 p.m.
    Address: Bethlehem Township Municipal Building, 4225 Easton Avenue, 
Bethlehem PA 18020.
    The agenda for the meeting will focus on implementation of the 
Management Action Plan for the Delaware and Lehigh National Heritage 
Corridor and State Heritage Park. The Commission was established to 
assist the Commonwealth of Pennsylvania and its political subdivisions 
in planning and implementing an integrated strategy for protecting and 
promoting cultural, historic and natural resources. The Commission 
reports to the Secretary of the Interior and to Congress.

FOR FURTHER INFORMATION CONTACT: C. Allen Sachse, Executive Director, 
Delaware & Lehigh National Heritage Corridor Commission, 10 E. Church 
Street, Room A-208, Bethlehem, PA 18018, (610) 861-9345.

SUPPLEMENTARY INFORMATION: The Delaware & Lehigh National Heritage 
Corridor Commission was established by Public Law 100-692, November 18, 
1988 and extended through Public Law 105-355, November 13, 1998.

    Dated: December 18, 2001.
C. Allen Sachse,
Executive Director, Delaware & Lehigh National Heritage Corridor 
Commission.
[FR Doc. 01-31585 Filed 12-21-01; 8:45 am]
BILLING CODE 6820-PE-M
#### UNITED STATES of America, Plaintiff-Appellee v. Luis Tinoco GONZALEZ, also known as Cesar Salinas Arce, Defendant-Appellant.

No. 10-40043

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 8, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Luis Tinoco Gonzalez, Pecos, TX, pro se.

*930Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Luis Tinoco Gonzalez (Tinoco) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Tinoco has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See 5th*Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<PAGE>

                                                                     EXHIBIT 99B

                        CERTIFICATION OF PERIODIC REPORT
                         PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, Donald E. McCombs, Executive Vice President--President, Operations Group and
Acting Chief Financial Officer of ADVO, Inc. (the "Company"), certify, pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

a)  the Annual Report on Form 10-K of the Company for the annual period ended
    September 28, 2002 fully complies with the requirements of Section 13(a) of
    the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

b)  the information contained in the Annual Report fairly presents, in all
    material respects, the financial condition and results of operations of the
    Company.

                                          By: /s/DONALD E. MCCOMBS
                                               ---------------------------------
                                               Donald E. McCombs
                                               Executive Vice President--
                                               President, Operations Group
                                               and Acting Chief Financial
                                                 Officer
Date: December 12, 2002