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

Washington, DC 20463

MEMORANDUM

TO:

FROM:

DATE: 

SUBJECT: 

The Commission 

Office of the Commission Secretary VFV

October 3, 2022

AO 2022-21 (DSCC, et al.) Comment from Campaign 

Legal Center

Attached is a comment received from Campaign Legal Center.

Attachment


3

FECA Prohibits the Use of Restricted Funds in “Legal Proceedings” 

Accounts to Make Expenditures

Should the Commission nevertheless decide to issue an advisory opinion in 

response to this request, we respectfully urge the Commission to make 

abundantly clear that national party committees cannot use funds in a special 

purpose account for recounts and other legal proceedings to pay for public 

communications containing express advocacy, or indeed for anything that 

would result in an expenditure under FECA. 

The Consolidated and Further Continuing Appropriations Act of 2015 allowed 

national party committees, like the NRSC and DSCC, to establish special 

purpose accounts that may accept up to 300% of the otherwise applicable 

annual contribution limits.7 Although the Commission has, for the past seven 

years, failed to enact regulations implementing these statutory provisions,8

both the legislative history of the 2015 Act and subsequent Commission 

precedents plainly indicate that these special purpose accounts may not be 

used “for the purpose of influencing” federal elections — i.e., to make 

“expenditures.”9 As such, the question before the Commission is whether any 

of the requestors’ proposed activities would result in expenditures. 

That question answers itself: television ads that expressly advocate for or 

against federal candidates are obviously “for the purpose of influencing” a 

federal election and thus the payments for those ads are, by definition, 

expenditures.10 Accordingly, national party committees cannot lawfully make 

such payments using restricted funds in a special purpose account for recounts 

and other legal proceedings. 

7 See 52 U.S.C. § 30116(a)(9). 

8 See 52 U.S.C. § 30116(a)(9)(C). 

9 52 U.S.C. § 30101(9)(A) (defining “expenditure”); see Factual and Legal Analysis at 7, 

MUR 7390 (RNC); Advisory Op. 2019-02 at 3-4 (Nelson) (citing 160 Cong. Rec. H9286 (daily 

ed. Dec. 11, 2014) (statement of Rep. Boehner); 160 Cong. Rec. S6814 (daily ed. Dec. 13, 

2014) (statement of Sen. Reid)). 

10 See 52 U.S.C. § 30101(17) (defining “independent expenditure”); 11 C.F.R. § 100.22 

(defining “expressly advocating”). 
4

Should the Commission decide to respond to this request, we respectfully urge 

the Commission to confirm what is already clear in the statute by 

unequivocally stating that committees cannot use these accounts to make 

campaign expenditures. 

 Sincerely, 

 /s/ Saurav Ghosh 

Saurav Ghosh 

Erin Chlopak 

Campaign Legal Center 

1101 14th St. NW, Suite 400 

Washington, DC 20005
§ 1012.9 What criteria will the Presidio Trust consider in responding to my Touhy Request? In deciding whether to grant your *Touhy* Request, the Executive Director will consider: ( a ) Your ability to obtain the testimony or records from another source;
( b ) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and
( c ) The Presidio Trust's ability to: ( 1 ) Conduct its official business unimpeded;
( 2 ) Maintain impartiality in conducting its business;
( 3 ) Minimize the possibility that the Presidio Trust will become involved in issues that are not related to its mission or programs;
( 4 ) Avoid spending public employees' time for private purposes;
( 5 ) Avoid any negative cumulative effect of granting similar requests;
( 6 ) Ensure that privileged or protected matters remain confidential; and
( 7 ) Avoid undue burden on the Presidio Trust.
<PAGE>

EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                        PURSUANT TO 18U.S.C. SECTION 1350

In connection with the Quarterly Report of Ace Marketing & Promotions, Inc. (the
"Company") on Form 10-QSB for the period ending May 15, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Sean
McDonnell, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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/ SEAN MCDONNELL
                                                --------------------------------
                                                SEAN MCDONNELL
                                                CHIEF FINANCIAL OFFICER
                                                MAY 13, 2008
# EUR-Lex - 12006E295 - EN

Important legal notice

*|*

# 12006E295

**Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 295 **

*
Official Journal C 321 E , 29/12/2006 P. 0173 - 0173 Official Journal C 325 , 24/12/2002 P. 0148 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0296 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0075 - Consolidated version (EEC Treaty - no official publication available) *

Article 295

This Treaty shall in no way prejudice the rules in Member States governing the system of property ownership.

--------------------------------------------------
I am a resident of Battlement Mesa CO which is bein g inundated with natural gas drilling even within t he PUD of

Battlement Mesa. we are subject not only to the to xic fumes generated during drilling operations but also the pollution from truck traffic which occurs on a 24/7 basis and has resulted in smog that is worse than in cities like Denver CO.

These vehicles and the motors on the rigs have no p ollution controls that are mandated in the cities l ike Denver. It has become so bad that even the siding on houses is being permantely stained and discolored by the exhaust from these motors.

The whole area should be subject to the same EPA re gulations as are applied to the cities as the traff ic and motors on the rigs are just as prevalent as in the cities.

Garry Evenson



### docket ID EPA-HQ-OAR-2010-0505 G. Evenson to: Nick Parsons 07/31/2010 04:21 PM Show Details Page 1 of 1

8/9/2010 file://C:\Documents and Settings\nparsons\Local Set tings\Temp\notesFCBCEE\~web1283.h

...
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.1870 Sulfide detection device. ( a ) *Identification.* A sulfide detection device is a device consisting of an AC-powered control unit, probe handle, probe tips, cables, and accessories. This device is intended to be used in vivo, to manually measure periodontal pocket probing depths, detect the presence or absence of bleeding on probing, and detect the presence of sulfides in periodontal pockets, as an adjunct in the diagnosis of periodontal diseases in adult patients.
( b ) *Classification.* Class II (special controls) prescription use in accordance with § 801.109 of this chapter; conformance with recognized standards of biocompatibility, electrical safety, and sterility; clinical and analytical performance testing, and proper labeling.
[63 FR 59717, Nov. 5, 1998]
###### Editorial Note on [Part 149](/current/title-33/part-149?toc=1)

#### Editorial Note:

Nomenclature changes to part 149 appear by USCG-2010-0351, [75 FR 36284](https://www.federalregister.gov/citation/75-FR-36284), June 25, 2010.

#### § 149.409 How many fire extinguishers are needed and how should they be installed?

(a) Approved portable and semi-portable extinguishers must be installed in accordance with table [149.409](/on/2024-09-23/title-33/section-149.409) of this section.

(b) Semi-portable extinguishers must be located in the open so as to be readily seen.

(c) Semi-portable extinguishers must be fitted so that all portions of the space concerned may be covered.

(d) Table [149.409](/on/2024-09-23/title-33/section-149.409) of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.

Table [149.409](/on/2024-09-23/title-33/section-149.409)—Portable and Semi-Portable Extinguishers, Minimum Quantity and Location

| Space | Classification | Minimum quantity and location |
| --- | --- | --- |
| (1) *Safety Areas* | | |
| (i) Communicating corridors | 2-A | One in each main corridor or stairway not more than 150 ft apart. |
| (ii) Radio room | 20-B:C | One outside or near each radio room exit. |
| (2) *Accommodation Spaces* | | |
| (i) Sleeping quarters | 2-A | One in each sleeping space that fits more than four persons. |
| (3) *Service Spaces* | | |
| (i) Galleys | 40-B:C | One for each 2,500 sq ft or fraction thereof, for hazards involved. |
| (ii) Storerooms | 2-A | One for each 2,500 sq ft or fraction thereof, located near each exit, either inside or outside the space. |
| (iii) Paint room | 40-B | One outside each paint room exit. |
| (4) *Machinery Spaces* | | |
| (i) Gas-fired boilers | 40-B:C | Two. |
| | 160-B | One.1 |
| (ii) Oil-fired boilers | 40-B:C | Two. |
| | 160-B | Two.1 |
| (iii) Internal combustion or gas turbine engines | 40-B | One for each engine.2 |
| (iv) Open electric motors and generators | 40-B:C | One for each of two motors or generators.3 |
| (5) *Helicopter Areas* | | |
| (i) Helicopter landing decks | 160-B | One at each access route. |
| (ii) Helicopter fueling facility | 160-B | One at each fuel transfer facility.4 |
| | | |
| --- | --- | --- |
| 1 Not required if a fixed system is installed. | | |
| 2 If the engine is installed on a weather deck or is open to the atmosphere at all times, one 40-B extinguisher may be used for every three engines. | | |
| 3 Small electrical appliances, such as fans, are exempt. | | |
| 4 Not required if a fixed foam system is installed in accordance with [46 CFR 108.489](/on/2024-09-23/title-46/section-108.489). | | |

(e) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all areas of the space can be protected.

[USCG-2012-0196, [81 FR 48244](https://www.federalregister.gov/citation/81-FR-48244), July 22, 2016]
<PAGE>



EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                        PURSUANT TO 18U.S.C. SECTION 1350

In connection with the Quarterly Report of Ace Marketing & Promotions, Inc. (the
"Company") on Form 10-QSB/A for the period ending June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Dean L. Julia, 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, 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/ DEAN L. JULIA
                                                         -----------------
                                                         DEAN L. JULIA
                                                         CHIEF EXECUTIVE OFFICER
                                                         AUGUST 22, 2006
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                             641
<SECURITIES>                                         0
<RECEIVABLES>                                   58,047
<ALLOWANCES>                                     1,058
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         914,853
<DEPRECIATION>                                 133,855
<TOTAL-ASSETS>                               1,066,464
<CURRENT-LIABILITIES>                                0
<BONDS>                                        915,823
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            33
<OTHER-SE>                                    (44,140)
<TOTAL-LIABILITY-AND-EQUITY>                 1,066,464
<SALES>                                        405,805
<TOTAL-REVENUES>                               405,805
<CGS>                                          202,616
<TOTAL-COSTS>                                  202,616
<OTHER-EXPENSES>                                87,291
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              83,878
<INCOME-PRETAX>                                 32,020
<INCOME-TAX>                                    14,713
<INCOME-CONTINUING>                             17,307
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,307
<EPS-BASIC>                                       5.21
<EPS-DILUTED>                                     5.21


</TABLE>
#### § 1206.44 Who is eligible for sub-grants?

All organizations located within a State that has an active State historical records board and entities defined in § 1206.54 may be eligible, as determined by the board.

[75 FR 66318, Oct. 28, 2010]
DEAN HELLER

Secretary of State

204 North CarsonStreet, Suite 1

Carson City, Nevada89701-4299

(775) 884-5708

Website: secretaryofstate.biz

 

Certificate ofAmendment

(Pursuant to NRS 78.385and 78.390)

 

Certificateof Amendment to Articles of Incorporation

ForNevada Profit Corporations

 

(Pursuantto NRS 78-390 - After Issuance of Stock)

 

1. Name of corporation:

                   INTEGRATED ENVIRONMENTAL TECHNOLOGIES LTD.

 

2. The articles havebeen amended as follows (provide article numbers, if available):

           Article 1. Has been amended as follows:

             1.    Article I. The exact name of this corporation is:

> 
I.E.T., INC.

3. The vote by whichthe stockholders holding shares in the corporation entitling them to exercise atleast a majority of the voting power or such greater proportion of the votingpower as may be required in the case of a vote by classes or series, or as maybe required by the provisions of the articles of incorporation have voted infavor of the amendment is: 100%

 

4. Effective date offiling (Optional):

 

5. Officer Signature(required): /S/William E. Prince          

 

If any proposedamendment would alter or change any preference or any relative or other rightgiven to any class or series of outstanding shares, then the amendment must beapproved by the vote, in addition to the affirmative vote otherwise required ofthe holders of shares representing a majority of the voting power of each classor series affected by the amendment regardless of limitations or restrictions onthe voting power thereof.

 

IMPORTANT: Failureto include any of the above information and submit the proper fees may causethis filing to be rejected.
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

          In connection  with the Annual  Report on Form 10-K of WNC  California
Housing Tax Credits,  L.P. (the "Partnership") for the year ended March 31, 2005
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 2003,  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  requrie the filing of an opinion of
               registiered  public  accountants  to accompany the  Partnership's
               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.
November 8, 2005
#### § 219.60 Secretary's authority.

Nothing in this subpart restricts the Secretary of Agriculture from exercising any statutory authority regarding the protection, management, or administration of NFS lands.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HOSETTA ZERTUCHE,

 Plaintiff-Appellant,

 v.

JAMES GLEASON, 

 Defendant-Appellee.

No. 14-15047

D.C. No. 4:11-cv-03691-YGR

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Yvonne Gonzalez Rogers, District Judge, Presiding

Argued and Submitted February 11, 2016

San Francisco, California

Before: SCHROEDER and NGUYEN, Circuit Judges, and ADELMAN,** District

Judge.

 

A jury returned a verdict in favor of defendant James Gleason on plaintiff

Hossetta Zertuche’s First Amendment retaliation claim under 42 U.S.C. § 1983.

Zertuche now appeals (1) the district court’s jury instruction defining a “substantial

FILED

MAR 17 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The Honorable Lynn S. Adelman, District Judge for the U.S. District

Court for the Eastern District of Wisconsin, sitting by designation.
or motivating factor” in relation to her indirect theory of liability and (2) the district

court’s decision to dismiss her punitive damages claim after Zertuche concluded her

case-in-chief. 

We affirm the district court because neither decision Zertuche challenges was

prejudicial. On its special verdict, the jury concluded that Zertuche had suffered no

adverse employment action and did not reach the question of whether Gleason’s

actions were a substantial or motivating factor, and thus any error in the substantial

or motivating factor definition was harmless. Chess v. Dovey, 790 F.3d 961, 977 (9th

Cir. 2015). Zertuche contends that the definition was not harmless, arguing that the

verdict question on whether Zertuche suffered an adverse employment decision could

have confused the jury by using language from the substantial and motivating factor

definition, possibly leading it to consider the substantial and motivating factor

definition when determining the adverse employment action question. We disagree

and find that the instructions and verdict were straightforward and not likely to

confuse the jury. Finally, because we affirm the jury’s finding of no liability, any error

the court made in dismissing the punitive damages claim was also harmless. Bulgo v.

Munoz, 853 F.2d 710, 716 (9th Cir. 1988).

AFFIRMED.

2
<PAGE>

                                                                    EXHIBIT 32.2

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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned certifies that:

      1.    The Annual Report on Form 10-K of SPSS Inc. for the period ended
            December 31, 2004, as amended by that certain Amendment No. 1 to
            Annual Report on Form 10-K and this Amendment No. 2 to Annual Report
            on Form 10-K, as filed with the Securities and Exchange Commission
            on the date hereof (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 SPSS Inc.

Date: January 20, 2006     By: /s/ Raymond H. Panza
                               -----------------------------------------------
                               Raymond H. Panza
                               Executive Vice-President, Corporate
                               Operations, Chief Financial Officer and Secretary
# EUR-Lex - 12008E229 - EN

Important legal notice

*|*

# 12008E229

**Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 1: The European Parliament - Article 229 (ex Article 196 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0151 - 0151 *

Article 229

(ex Article 196 TEC)

The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March.

The European Parliament may meet in extraordinary part-session at the request of a majority of its component Members or at the request of the Council or of the Commission.

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