alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FEDERAL ELECTION COMMISSION

Washington, DC 20463

 MEMORANDUM

TO: The Commission

FROM: Office of Commission Secretary 

DATE: November 1, 2023 

SUBJECT: Ex Parte Communication Regarding Advisory Opinion

Request 2023-06 (Texas Majority PAC) 

 

Transmitted herewith is an ex parte communication with Commissioner 

Ellen L. Weintraub regarding the above matter.

Attachment

 
From: Ellen Weintraub

To: Commission Secretary Office

Cc: Commissioners Office; Lisa Stevenson; Lawrence Calvert; Neven Stipanovic; Robert Knop; Lindsay Bird

Subject: FW: TMP Comments - AOR 2023-6

Date: Wednesday, November 1, 2023 6:14:41 PM

Madam Secretary:

I received the following communication from counsel regarding AOR 2023-6. It’s not clear that this is

an ex parte communication, but in an abundance of caution, I wanted to disclose it. I did not and will

not respond to the communication.

Thank you.

Ellen

From: Jon Berkon <jberkon@elias.law> 

Sent: Wednesday, November 1, 2023 12:12 PM

To: FEC Commissioner Ellen L. Weintraub <CommissionerWeintraub@fec.gov>

Subject: FW: TMP Comments - AOR 2023-6

Commissioner – hope you are well. As Commissioner Lindenbaum indicated, I was planning on

reaching out to additional Commissioners regarding the request; sorry I didn’t catch you yesterday. If

you have a few minutes today and want to discuss the comments, that would be great. If not, will

see you at the hearing tomorrow. I realize it’s a busy time of year.

Best regards,

Jon Berkon

Elias Law Group LLP

250 Massachusetts Ave NW, Suite 400

Washington DC 20001

W: 202-968-4511

jberkon@elias.law

CONFIDENTIAL: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any

unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this email in error, please notify

the sender immediately and delete it from your system.

From: Jon Berkon 

Sent: Wednesday, November 1, 2023 11:10 AM

To: 'ao@fec.gov' <ao@fec.gov>; 'commissionerdickerson@fec.gov'

<commissionerdickerson@fec.gov>; 'CommissionerCooksey@fec.gov'

<CommissionerCooksey@fec.gov>; 'CommissionerTrainor@fec.gov'

<CommissionerTrainor@fec.gov>; 'commissionerweintraub@fec.gov'

<commissionerweintraub@fec.gov>; 'commissionerbroussard@fec.gov'

<commissionerbroussard@fec.gov>; 'commissionerlindenbaum@fec.gov'
<commissionerlindenbaum@fec.gov>

Cc: Courtney Weisman <cweisman@elias.law>; Sarah Mahmood <smahmood@elias.law>

Subject: TMP Comments - AOR 2023-6

Attached. Thank you for your consideration.

Jon Berkon

Elias Law Group LLP

250 Massachusetts Ave NW, Suite 400

Washington DC 20001

W: 202-968-4511

jberkon@elias.law

CONFIDENTIAL: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any

unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this email in error, please notify

the sender immediately and delete it from your system.
§ 560.7 Recordkeeping requirements. ( a ) Except as otherwise provided in this section, the Commission shall maintain either a complete transcript or electronic recording of the proceedings of each meeting, whether opened or closed.
( b ) In the case of either a meeting or portions of a meeting closed to the public pursuant to § 560.5(a) (8) or (10) of this part, the Commission shall maintain a complete transcript, an electronic recording, or a set of minutes of the proceedings. If minutes are maintained, they shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken and the reasons for which such actions were taken, including a description of the views expressed on any item and a record reflecting the vote of each Commissioner. All documents considered in connection with any action shall be identified in the minutes.
( c ) The transcript, electronic recording, or copy of the minutes shall disclose the identity of each speaker.
( d ) The Commission shall maintain a complete verbatim copy of the transcript, a complete electronic recording, or a complete copy of the minutes of the proceedings of each meeting for at least two years, or for one year after the conclusion of any Commission proceeding with respect to which the meeting was held, whichever occurs later.
#### § 401.10 Mooring lines.

(a) Mooring lines shall:

(1) Be of a uniform thickness throughout their length;

(2) Have a diameter not greater than 28 mm for wire line and not greater than 64 mm for approved synthetic lines;

(3) Be fitted with a hand spliced eye or Flemish type mechanical spliced eye of not less than 2.4 m long for wire lines and 1.8 m long spliced eye for approved synthetic lines;

(4) Have sufficient strength to check the vessel; and

(5) Be arranged so that they may be led to either side of the vessel as required.

(6) Be certified and a test certificate for each mooring line containing information on breaking strength, material type, elongation and diameter shall be available onboard for inspection.

(b) Unless otherwise permitted by an officer, vessels greater than 200 m shall only use wire mooring lines with a breaking strength that complies with the minimum specifications set out in the table to this section shall be used for securing a vessel in lock chambers.

(c) [Reserved]

(d) Notwithstanding [paragraphs (a)](/on/2024-09-23/title-33/section-401.10#p-401.10(a)) through [(c)](/on/2024-09-23/title-33/section-401.10#p-401.10(c)) of this section, nylon line is not permitted.

Table

| Overall length of ships | Length of mooring line | Breaking strength |
| --- | --- | --- |
| 40 m or more but not more than 60 m | 110 m | 10 MT |
| More than 60 m but not more than 90 m | 110 m | 15 MT |
| More than 90 m but not more than 120 m | 110 m | 20 MT |
| More than 120 m but not more than 180 m | 110 m | 28 MT |
| More than 180 m but not more than 225.5 m | 110 m | 35 MT |
| **Elongation of synthetic lines shall not exceed 20%** | | |

(e) Hand held synthetic lines if permitted by the Manager or Corporation shall meet the criteria in [paragraph (a)](/on/2024-09-23/title-33/section-401.10#p-401.10(a)) of this section and shall have a minimum length of not less than 65 meters.

(68 Stat. 93-96, [33 U.S.C. 981-990](https://www.govinfo.gov/link/uscode/33/981), as amended and sec. 4, 5, 6, 7, 8, 12 and 13 of sec. 2 of Pub. L. 95-474, 92 Stat. 1471)

[[39 FR 10900](https://www.federalregister.gov/citation/39-FR-10900), Mar. 22, 1974, as amended at [47 FR 51121](https://www.federalregister.gov/citation/47-FR-51121), Nov. 12, 1982; [48 FR 20691](https://www.federalregister.gov/citation/48-FR-20691), May 9, 1983; [48 FR 22545](https://www.federalregister.gov/citation/48-FR-22545), May 19, 1983; [61 FR 19551](https://www.federalregister.gov/citation/61-FR-19551), May 2, 1996; [65 FR 52913](https://www.federalregister.gov/citation/65-FR-52913), Aug. 31, 2000; [70 FR 12970](https://www.federalregister.gov/citation/70-FR-12970), Mar. 17, 2005; [74 FR 18994](https://www.federalregister.gov/citation/74-FR-18994), Apr. 27, 2009; [75 FR 10689](https://www.federalregister.gov/citation/75-FR-10689), Mar. 9, 2010; [78 FR 16181](https://www.federalregister.gov/citation/78-FR-16181), Mar. 14, 2013; [79 FR 12659](https://www.federalregister.gov/citation/79-FR-12659), Mar. 6, 2014; [81 FR 13745](https://www.federalregister.gov/citation/81-FR-13745), Mar. 15, 2016; [87 FR 12591](https://www.federalregister.gov/citation/87-FR-12591), Mar. 7, 2022]
#### Henry McNabb et al., Respondents, *v.*Rebecca Meryash et al., Appellants.

(Argued April 19, 1907;

decided May 7, 1907.)

*McNabb*v. *Meryash,*113 App. Div. 903, affirmed.,

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1906, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.

*Lewis Johnston, Edward W. S. Johnston, Edward P. Orrell, Jr.,*and *Ludwig Hobein*for appellants.

*Ferdinmid E. M. Bullowa*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         128,275
<SECURITIES>                                         0
<RECEIVABLES>                                   62,588
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
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<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 340,863
<CURRENT-LIABILITIES>                           15,336
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     325,527
<TOTAL-LIABILITY-AND-EQUITY>                   340,863
<SALES>                                              0
<TOTAL-REVENUES>                               292,569
<CGS>                                                0
<TOTAL-COSTS>                                (391,533)
<OTHER-EXPENSES>                                    20
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,782
<INCOME-PRETAX>                               (82,162)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (82,162)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (82,162)
<EPS-PRIMARY>                                   (7.24)
<EPS-DILUTED>                                   (7.24)
        

</TABLE>
#### § 1001.3 Penalties.

A person convicted of violating a provision of the regulations contained in Parts 1001, 1002, 1004 and 1005 of this chapter, within the area administered by the Presidio Trust, shall be punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings.
§ 80.10 Who is eligible to receive the benefits of the Acts? States acting through their fish and wildlife agencies are eligible for benefits of the Acts only if they pass and maintain legislation that: ( a ) Assents to the provisions of the Acts;
( b ) Ensures the conservation of fish and wildlife; and
( c ) Requires that revenue from hunting and fishing licenses be: ( 1 ) Controlled only by the State fish and wildlife agency; and
( 2 ) Used only for administration of the State fish and wildlife agency, which includes only the functions required to manage the agency and the fish- and wildlife-related resources for which the agency has authority under State law.
From: Joe Birkenstock

To: Cheryl Hemsley

Cc: Robert Knop

Subject: RE: Question re: AO 2023-02 (Humana)

Date: Tuesday, March 28, 2023 2:59:59 PM

Got it Cheryl thanks – unless I misunderstand the question (and I don’t believe I do) the answer is

yes: we do mean to assert that Humana has no plans to provide any such support to KAH Hospice or

to KAH Hospice PAC, either directly or indirectly through Humana’s subsidiaries, including through

Gentiva Health Services, Inc.

Hope that helps, and I’ll be prepared to discuss further on Thursday if anyone would like.

Best,

Joe

______________________________________

Joseph M. Birkenstock

Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.

1090 Vermont Ave., NW, Suite 750

Washington, DC 20005

*also admitted to practice in CA

From: Cheryl Hemsley <chemsley@fec.gov> 

Sent: Tuesday, March 28, 2023 10:30 AM

To: Joe Birkenstock <birkenstock@sandlerreiff.com>

Cc: Robert Knop <rknop@fec.gov>

Subject: Question re: AO 2023-02 (Humana)

Good morning Joe,

A Commissioner’s office has asked us to ask you whether your clients’ request includes Gentiva

Health Services, Inc. within “Humana Inc.” for the purpose of making representations about

Humana’s relationship to KAH Hospice. For example, where the request on page 6 states that “there

are no plans [for Humana] to provide direct or indirect administrative, fundraising, or other support

to either KAH Hospice itself or to KAH Hospice PAC,” do your clients mean to assert that Humana will

not provide such support, including through its wholly owned subsidiary, Gentiva Health Services?

If you would please let us know at your earliest convenience, we would appreciate it. Please note

that any response you provide may become part of the official record for this matter and posted on

the Commission’s website accordingly.

Best,

Cheryl

RECEIVED by OGC: March 28, 2023
EXHIBIT 32-1

                            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 on Form 10-Q of WNC Housing Tax
Credit Fund VI, L.P. Series 7 (the "Partnership") for the quarter ended June 30,
2004 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify that:

          1.   The Report fully complies with the  requirements of section 13(a)
               or 15(d) of the  Securities  Exchange Act of 1934,  except to the
               extent that such  provisions  require the filing of an opinion of
               registiered  public  accountants  to accompany the  Partnership's
               annual financial statements; and

          2.   The information  contained in the Report fairly presents,  in all
               material  respects,   the  financial   condition  and  result  of
               operations of the Partnership.




/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
Date:    January 9, 2006
§ 80.100 Does an agency have to display one of the symbols in this part on a completed project? No. A State fish and wildlife agency does not have to display one of the symbols in § 80.99 on a project completed under the Acts. However, the Service encourages agencies to display the appropriate symbol following these requirements or guidelines: ( a ) An agency may display the appropriate symbol(s) on: ( 1 ) Areas such as wildlife-management areas, shooting ranges, and sportfishing and boating-access facilities that were acquired, developed, operated, or maintained with funds authorized by the Acts; and
( 2 ) Printed or Web-based material or other visual representations of project accomplishments.
( b ) An agency may require a subgrantee to display the appropriate symbol or symbols in the places described in paragraph (a) of this section.
( c ) The Director or Regional Director may authorize an agency to use the symbols in a manner other than as described in paragraph (a) of this section.
( d ) The Director or Regional Director may authorize other persons, organizations, agencies, or governments to use the symbols for purposes related to the Acts by entering into a written agreement with the user. An applicant must state how it intends to use the symbol(s), to what it will attach the symbol(s), and the relationship to the specific Act.
( e ) The user of the symbol(s) must indemnify and defend the United States and hold it harmless from any claims, suits, losses, and damages from: ( 1 ) Any allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection with its use of the symbol(s), or any other alleged action of the user; and
( 2 ) Any claims, suits, losses, and damages arising from alleged defects in the articles or services associated with the symbol(s).
( f ) The appearance of the symbol(s) on projects or products indicates that the manufacturer of the product pays excise taxes in support of the respective Act(s), and that the project was funded under the respective Act(s) (26 U.S.C. 4161, 4162, 4181, 4182, 9503, and 9504). The Service and the Department of the Interior make no representation or endorsement whatsoever by the display of the symbol(s) as to the quality, utility, suitability, or safety of any product, service, or project associated with the symbol(s).
( g ) No one may use any of the symbols in any other manner unless the Director or Regional Director authorizes it. Unauthorized use of the symbol(s) is a violation of 18 U.S.C. 701 and subjects the violator to possible fines and imprisonment.
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. Sec. 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Innovative Software Technologies, Inc. (the
“Company”) on Form 10-Q for the period ending September 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Robert V. Rudman, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. Sec. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:





(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/Robert V.
      RudmanRobert
      V. Rudman
              Chief
      Financial Officer
              November
      13, 2008
§ 665.263 Prohibitions. In addition to the general prohibitions specified in 50 CFR 600.725 and in 665.15, it is unlawful for any person to: ( a ) Use any vessel to fish for, take, retain, possess or land precious coral in any Hawaii precious coral permit area, unless a permit has been issued for that vessel and area as specified in § 665.13 and that permit is on board the vessel.
( b ) Fish for, take, or retain any species of Hawaii precious coral MUS or Hawaii precious coral ECS in any precious coral permit area: ( 1 ) By means of gear or methods prohibited by § 665.264.
( 2 ) In refugia specified in § 665.261.
( 3 ) In a bed for which the ACL specified in § 665.269 has been attained.
( 4 ) In violation of any permit issued under §§ 665.13 or 665.17.
( 5 ) In a bed that has been closed pursuant to §§ 665.268 or 665.270.
( c ) Take and retain, possess, or land any live *Hemicorallium laauense, Pleurocorallium secundum, Corallium* sp., or live black coral from any precious coral permit area that is less than the minimum height specified in § 665.265 unless: ( 1 ) A valid EFP was issued under § 665.17 for the vessel and the vessel was operating under the terms of the permit; or
( 2 ) The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other documentation.
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020]
#### § 90.14 Waterfowl depredation complaints; where filed.

Any person having an interest in crops being damaged or threatened with damage by migratory waterfowl in circumstances meeting the criteria prescribed in § 90.15 may make application for grain for use in luring such waterfowl away from such crops by submitting a written request to the Regional Director of the U.S. Fish and Wildlife Service regional office having administrative jurisdiction over the wildlife activities in the State where the affected crops are located. (See § 2.2 for geographical jurisdiction and addresses of regional offices.) Such applications may be in letter form but must contain information disclosing the location, nature, condition and extent of the crops being damaged or threatened, and the particular species of migratory waterfowl committing or threatening to commit damage. For the purposes of this section any authorized official of Federal, State, or local governmental body shall be deemed to be a “person” and to have such an interest in crops threatened with damages as to qualify him as an applicant.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# ACTION:

Announcement of meeting.

# SUMMARY:

This notice announces the tenth meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). 

# DATES:

October 16, 2006 from 1 p.m. to 5 p.m.

# ADDRESSES:

Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (please bring photo ID for entry to a Federal building).

# FOR FURTHER INFORMATION CONTACT:

*http://www.hhs.gov/​healthit/​ahic/​cc_​main.html.*

# SUPPLEMENTARY INFORMATION:

The Workgroup will discuss up-coming key recommendations to the AHIC, and will continue discussion on developing a vision statement.

                    The meeting will be available via Web cast at                     *http://www.hhs.gov/​healthit/​ahic/​cc_​instruct.html.*

Judith Sparrow,

Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology.

[FR Doc. 06-8439 Filed 10-2-06; 8:45 am]

BILLING CODE 4150-24-M