w

FEDERAL ELECTION COMMISSIONWASwKW4TW D.C. mm)

THIS ISTEBGMIGO U

WE! FILFED Cp - VF: CM'ERA We

0

J* it

Afuut 15v,01996

CERTIFIED MAIL

Lee Ann Elliott, ChairwomanFederal Election Commission999 E Staee NWWashington, D.C. 20473

irfv

'I7t

Dear Ms. Elliott:

This lettr is to regiser a fermi claint apiust Donan E. Shalala, Secretary of theDepartment of Halt ad Humn Service, Brime c. Vlhcks Administrato, Halt CameFinancing AdmiusUmtio, the Cunfent Democrati Adiistiration and other officialsresponsible for the coolt, publcato and idistribtion of the official U. S. Governmentpublication entited 'Yor MedcM I" o 1996.

I am a-tiiaed by the partiun, tocit, subhimil political manipuation ingrained in thei~wu me Sxreto which apears on the first page inside the cover. (Copy

an ddI u I tiu to mindions isoalSecurfity be miiries and well could be anillegal politicr 0al cMbutOL

Thas 'Ib o' an offical U. S. Govcrinn manual, was written, edited, primedan dsriuedAsir emntupom and is so an vppepift vehicle for political advocacy.

Aed Arrem r, I Py 0e We Illgol butkLW UK self sev olitica suonsbnflout ait bs e dWe ehctlou low o -beaw o liican who appimd them, sewe

penalties are in order.

It is sinito dlberstel muse and imksMedcare reiinsbu7 of a ari publ-ciy in ofe n10 Nwrm uliao is unlawfu and

in stge.

_0 _! banshould be

Ym very truly;

A D. SHOWS

Enclouire

- N ~ ~~y.~y~

1*

77TIT

00 Jj

ex

4#6

0 -

CN\ c

C6

C16

Co

A

t

For three decades, Medicare has helped pay medical bills for millions of olderAmericans, providing them with comprehensive health benefits they can count on.Today, Medicare serves more than 38 million older and disabled Americans. Fewpograms, public or private, have such a positive impact on so many Americans.

Before the introduction of Medicare in 1966. only 50 percent of the Nation's elderly population had anyhealth insurance, In 1996. 30 years later, only about I percent of the elderly are uninsured. Medicare hasevolved into one of the world's best health insurance programs, delivering essential services that have im-proved the quality of life for many of our most vulnerable citizens.

We in the federal goverinent9 from President Clinton to the employees of the Department of Health andHuman Services, are determined to continue to provide you with the first-raze health care and peace of mindwhich have always been Medicare's hallmark. If you are a new enrollee. we want to welcome you to Medi-care. If you have been part of the Medicare beneficiary "family." we want to reassure you of our commitmentto keep Medicare working for you.

Donna E. ShalalaSecretary, Department of Health and Human Services

4

It is with pride that the Health Care Financing Administration (HCFA) issues the 1996edition of Your Medicare Handbook during this 30th anniversary year of the Medicareprogram.

This handbook was created to be a readable. easy to understand reference tool forMedicare beneficiaries. It provides information about benefits and 4nswers the most frequently askedquestions about Medicare. You*l 11find a sumrmary of your Medicare benefits, rights and obligations, and a listof organizations that you can contact if you need assistance with a Medicare-related matter.

At HCFA. serving you is our top priority. That mans providing you with world-class service and making surethat you have the information you need to best use your Medicare beniefits. As the administratar of HCFA. thefederal agency within the Department of Health and Human Services that administers Medicare. I can assureyou that we take these commnitments seriously. We're proud of Medicare's accomplishments, and want to besure that you are satisfied with our service.

Bruce C. VladeckAdministrator, Health Care Financing Administration

07

(C

lt

* FEDEFRKAL El ECTIO O MISO~~Oc uaM

Augma 239,1996

Wayne D. Shows4520 E-140 Willams Blvd.Ken=,r, mLouisan 70065

Dear Mr. Shows:

This is so ackmowledge ecipt on Aqt~ 20, 1996, of your lette dated August 15,1996. The FedeWa Elactim --syl Act of 1971s as asaded (Vth Acte) sod CmisoRegulations reuire l1 ooa~s of a--complaint cartan specific rqieent. One ofthee requiremnents is dt a cmlit be mmi and s*igdIn the prn e of a notay publi

0. and notariz& Your ~rwas did not contain a no taizat ion on your signature and not properlysworn to.

In order to file a legaily sufficiet copanyou mms sw befor a notay tha thecontent of you 1wsyli a e UW ima to thebestof you knwdead t notay nus represetas pam of t jur at t M&c sweerifg occured The preferred form is "Subsribe md sworntobefore me on Whs - aof, 19~ A stalemui byhetaOtiythtbo wplwas sworn to mad --- w i ~asowl be sfiin eii hinonei- c dW On so~ may c you, bw va Im ante y empowered toproced with tin bmft a IW1 c~uce aton =a A 0ft sttryv"p t are

2) fulflled Sm 2 U.S.C. 9437g.

ECnmpd bs a Cm~hr brochure entitled "Flin a Coplalt" I hope this mateiawifl be h llto you dm ym wish to file a legaly mufficlmn cIompain wit hCommiw

Pkms nte t ohis mow wil remain coanfiden -tia for a 15 day perio to allow you tocorrect the defects in )I= copan - ftecopan is cofrectdanreldwihnte5day period, the noxml wil be so inibnnd md provide a copy of t corectd complaint.

The espodent w m he -addtina IS d"s to respoma to the coplInt on the merits.if theCopan is at gerrctledtefilewillheclosed a=duno addtional notfiiaionwillbeprovided to the res-- -1p ofuts

Reft Dbmsk

cc: Doom L. Shsla

Brnos C. Vtadsck

oll4

Retha Dixon Docket Chief7Federal Ele o CommissionTh / q /5999 E Stee NWWashington D.C. 20463

Dear Ms. Dixon:

This I~etr is 10 00ealW a formal co ilin agis o m E. Saaa ecea-o iDeparment of Heafthw f Services, Dom C. Vla*Wk Atmiismsw Oflt thein~) Administration, dft CiTMe 2eo -ai Admnsig adoerofcas'qmI. ordecoepublication and ditributioh fteofiilU S. d (oern p Mictomide Wau Mdc~' Hwhfadb, 199%. wf

T h e p a rtisa n , ta c it, u i iiWp l t c l n n plNo e x o e n t e M q p p u eo mesbutofn m ff S ca S rt be ei ries and mightwell be deemed an illega poliicalThis n nmj

This 'ha dbo k", an offi c ia gove nment PO bhiC mON .Nk w 4 s e dt ed, p h e ngovenmen exp nseand s anl~rq Uri vehidc for any Political advclity.Aroaime and powr afts usY-v e pl butwhnsl eiqpotcaqplmesbdfo

S obligatory. ble o o b n ft p ltc a s w o a p m e h m e e a di s areIt is s in isse r to dti u ~ 1 m i laIn i m n t e e d r y b t u i g p l t c l y p r i e-~ pro agan da In an fficib -Hr m p i i l s sba m ef u , i l al an d b eg s f or ju ti e

Yours very truly;

~V~NED. SHOWS

Subscribed and sworn 10efr me on this .L yo tme 96

Enclosure

- 444,: LAll,

se~

C6

For three decades. Medicare has helped pay medical bills for millions of olderAmericans, providing them with comprehensive health benefits they can count on.Today, Medicare serves more than 38 million older and disabled Americans. Fewprograms, public or private. have such a positive impact on so many Americans.

Before the introduction of Medicare in 1966, only 50 percent of the Nation's elderly population had anyhealth insurance. In 1996, 30 years later, only about 1 percent of the elderly are uninsured. Medicare hasevolved into one of the world's best health insurance programs, delivering essential services that have im-proved the quality of life for many of our most vulnerable citizens.

We in the federal govenunent. from President Clinton to the employees of the Department of Health andHuman Services, are determined to continue to provide you with the first-rate health care and peace of mindwhich have always been Medicare's hallmark. If you are a new enrollee, we want to welcome you to Medi-care. If you have been part of the Medicare beneficiary "family."' we want to reassure you of our commitmentto keep Medicare working for you.

Donna E. ShalalaSecretary, Department of Health and Human Services

It is with pride that the Health Care Financing Administration (HCFA) issues the 1996edition of Your Medicare Handbook during this 30th anniversary year of the Medicareprogram.

This handbook was created to be a readable. easy to understand reference tool forMedicare beneficiaries. It provides information about benefits and answers the most frequently &aedquestions about Medicare. You" 11 find a summary of your Medicare benefits. rights and obligations, and a listof organizations that you can contact if you need assistance with a Medicare-related matter.

At HCFA. serving you is our top priority. That means providing you with world-class service and making surethat you have the information you need to best use your Medicare benefits. As the administrator of HCFA. thefederal agency within the Department of Health and Human Services that administers Medicare, I can assureyou that we take these commitments seriously. We're proud of Medicare's accomplishments, and want to besure that you are satisfied with our service.

Bruce C. VladeckAdministrator. Health Care Financing Administration

'V'**^ 0C 20

September 1? To,9I

Ways. D. Show4520 &140 WMIlam Blvd.Kemw, LA 70065

RE: MUR 4457

Dear Mr. Sbows:-

This ltradnwdesreceipt on Septembr 11, 1960oMteCMplityo ie

aleigpsibevoain of the Fedeu" Electon C pa Adt of 197 1 , as uiiendd ("theAct) h rep nts) will be notified of this complait within five days.

you will be notified as soon as thec Federal Election Comsintakes final action on

-, your coplin Should you receive any addiiona information in this matte, plaeforward it

to the Office of the Oenwal Counse. Such information must be swor to in t&e sne mmwas heorginl omlane hv numbered ths matte MMR 4457. Please refe to this

-~ number in all fttw no. For your infomation we have attachied a brie

Central, iefCn MePat Docket

EaOCC&MO

4~ 44

FEDERAL ELECTION WWA-sh0on, DC 2046

ItoSep tember 1T* 1996

Donna E. Shalala, Secretary of Health and Human ServicesDepartmaent of Health and Hunan Services200 Independence Avenue, SWWashington, DC 20201

RE: MUR 4457

- Dear Madam Secretary:

(DThe Federal Election Commission received a cmlntwhich indicates that theDepartment of Health and Humkan Services and you, as Secretary, may have violated theFederal Election Capign Act of 1971, as amended ("the Act"). A copy of the cmlitisenclosed. We have nubrdthis matter MUR 4457. Please ree to this number in all fiturecorrespondence.

Under the Act, you have the op iNy '"to demonstmop in witug st o action duldbe taken against then De~pmat fealthmd Houmiaevicssmmadyou,= ----~ in this,matter. Please submit amy hxt or legal mterials which you belivme re= t o the d

C) Commissiofls analysisOf this ue Where appriate, *i~xn3sould be submittedkunder oath. Your response which should be areedto the (Jemal Cowums Offic, mustbe submitted within 15 days of weeipt of ihis latte. Ifno ireiawPo is; received vAW~t 15 daysthe Commission may take fiate atic bosed cat aailabl infomtin

This matter will remain c onfidenktial in acodnewith 2 U.S.C. f 437(aX4)(B) and§ 437g(aXI2XA)=uless you notfthe Comsinin writ tha you wish the muaterto bemade public. If you intend to be repr esented by counsel in this matter, pleae advise theCommission by comlein the enclosed form statn the namts, address and te lhn numberof such counsel, and authorizing such counsel tomre"v any notifiin and ot

communications from the Commissin.

t~~~~W so-wM mber of ame Ceaa BacbImwi Do"keat (202) 239401 Fwm 1w 'Ibtem w aeefdodabre uarpsCom II' INh~S

Cev&d Enfe r ce Docket

2. Proceihue3. eg~o of Comme wenn

* ~FEDERAL 1ELCTIO COMMSSIOvshb * a! DC 20 M63e

t r it o

Bruce C. Viadeck,AdiirtrHealth Care Fin~ancing A --itato2001 Ideendence AveM., SWWashington, DC 20201

RE MUR 4457Dear Mr. Viadeck:

Th 7e Federal Elctio Commisio received a comn wvhich indicates that the HealthCar FiancngAMnstti, an oa dinistrator, may have Violated the Federal11)Election Campaign Act of 1971, asunde Cthe Actp) A copy of the complaint is enclose&.We have numbered this matte MR 4457. Please refer to this number in all futur(Ncoendence,

Under the Ad.~ You ho' w puliy odm ugeiwrtnthtmaso hodbe taken against t&a fi (MMUN in~n Ahnnigrgom dod nomod=

unde Us& Yo Wbum Vpvgie stt g shou be submittdAw)b 10msso~ aielyismmebe submitted within IS &p te~ ti eg.I nr~ieI Ofcfve wit mmdau

"N the Commissm~ MW ofa~ C ut o ath rmI I a is 1maon. 1 &

ThiS mt wil nmd''_ -A am aI- codme Owith 2 U.S.C I437g(aX4X) and§43 7g(aX I 2XA) umim you so* teCmionin writing tha You wish tdoate to bemade public. If you Jm~g t be ursdby coms in this netter, please advise t&eC o m m is si o n b y c n h e n i a i c o e ~d m s tati g the n sa d d re s s a nd w e e p ho n e m m nb e rof such counsel. and ___.. Iig aM*kog..e to reev amy moictosad othecommunica 3ns tom C Im

it (202) 210-34O.Wrywhmlm a nloe re scIdao hComm~sh~p~SS

Cotlee TF. Sume.AoCenUW Ea~ -- Dce

Enclos

2. Prcduin3. Dc*gmtmofCounsel Stnemt

O ~FEDER&L ELECTMO COMMISSIOVO "I D C 2 04M

White House Counsel's Office S~ebr1,i1600 Pennsylvania Ave, NWWshington, DC 20500

RE: MUR 4457Dea Counsel:

The Federal Election CommiSSion received a complaint which indicates that the ClintonAdmninistration my have violate the Federal Election apinAto 17,a mneLO("the Act*M). A copy of the complaint is enclosed. We haembee Athi mf17 atte nded45Please refer to this number in all future correspondence.

(N ~Under the Act, you have the opportuniUty to dmnttein Writing that no actio shouldbeatae a ais t h e Chou A d initraltion in ths m atte. Please su lait any fac tua or lega)~ ~~ ~~ AOenl whic ywe ben. lvaw I the 5msio Ualdyis of this matwe. Wherappropriate, saemesis dwoud be suLma-imed w Oath YOur MVou which shOuld bead-- e----! Io di,@ w de COOsMes Offce must be wiftd within 15 days of recept of thisletter. If no r08omS is faceived Within 15 days% the Comnmsion may take further action basedon the availabe" ibmlm

Thi ma tterA wMillrM in cml uw in accordanc with 2 U.SC. I 437g(aX4)(B3) andmad pub~alc. ) yol u ~ notfy the Commission in witing duat you wish the matrto be

~w, '

at (202) 219-4401 Sw ym I ~one we have enclosed a bre urplnof the

Colen T. Scalmasr AaueyCenftl Enfoomet Docket

2. IP Z-oamadwesM

I~t~ Q

OCflT 1 5'9M

WahiqtS D.i 20463

Re: MUN 4457

Ia ftft -r .

1-1r1110t" W

T

1I am replying to your September 17, 1996J tt*s%(reo4v~dSeptenubr 23) -to Secretary Shalala and Hei j~ftAdmiistratot! DrUce Vladeck regarding the bpcotwlaint.

The cowlaint, filed by Mr. Wayne D. Snows, a11ei*0Secretary shalala. Afiiistrator Viadeck aipids inprohibited political activity by including foe~* .& )inYour Ndicare Hndbook, 1.996. The Bfandbd~k,, Aabifh9 apnuallyby the Health Care Financing~ Administration'' 16 ~ld toall Medicare beneficiaries earlier this year . UoI4M.information ebm~t Medicare benefits and 1r4Ip~ **11 as alisting of pertinent resource for Medicare 1 Io4Lassistaxwe.

Neither jir, ltWq nor Mr, Sao"* cow~ai states Wtb, ifany, hro jIorbF dema1'auCt4oOC-!4g Act of ,w21 as

Po io*4in this I-u~ ,ea4 ~4vetherm I**.~ t~ t orwr ~~s ot

~atsnp~i~1.n.~ adn tt~ inten4ed, toTnflu0c -a M q A ~ngly Ywe urg#that the Combosidndismiss tb ~ait

I f you neeo" w~e injft*uation or assistaina, please callTimothy Iftite of[ this Office., You may reoph Mr. Wite at (202)619-2155.

Sinoerely.

I~*

in the Matter Of

ENWORCWAPRIORITY'

GENERAL COUNSEL'S REPORT SENSITIVEL TOUTO.

The cases listed below have been identified as either stale or of low

priority based upon evaluation under the Enforcement Priority System

(EPS). This report is submitted to recommend that the Commission no

longer pursue these cases.

IL CASES RECOMMENDED FOR CLOSURE.

A. Cases Not Warranting Further Action Relative to Other CasesPending Before the Commission

EPS was created to identify pending cases which, due to the length of thlu*

pendency in inactive status or the lower priority of the issues raised in the

matters, relative to others presently pending before the-Comnmission, do not

warrant further expenditure of resources. Central Enforcement Docket (CID)

evaluates each incoming matter using Commission-approved criteria which

results in a numerical rating of each case.

Closing such cases permits the

Comissonto focus Its limlted'resources ( o eipotn casesprsnl

pending before it~ Based upon this review, we have identified 28 cases which do

(11

0

L0)

hadig ~pmntofa lw podt ad ftdommndatkwa nt o furthe

puru i atr

to

'Tes -l o am Mill 4419 (lbi aY# W uu MIII 4423 (Dmvsfiir Cmuirm); Mill 4424(measmm jbu WSpw' -~s MUR 4429 (Dedum fo Cour* MUR 4430 (km Leisi forC~mgu MitK 401 (aggfor CuWws); Mill 44M (Dddt fl CWu) MUX 4437 (DiOeI.

fir CMsWM ~ue LI44 (Sue Keffy fo C&qgm MilK 4450 (thfouma ThmeyEbp*Mill 4m (M* .tO.W MLII 4455 (Chy of- MulI 4456 QCkbu

?Ai R*) MUI 4W (U,& n-,w i ot of I h d Hwo Swmces4 MLI 445 (XMA-AM Rudd*hM 4*61 (Auv q ,i m w 1 A~ ~-O'O PAQk 1M 4442 (Elle 0. Tmwdw4r MMI 440

-fW pr Cm~ue WA 445 V(i* fir Coro*n) MMI 44W (A bwheu mal. Su*UMS 4475 (M11 Sw Ak P b* M 4M EOs Pw CAugrNv Cp! uieeu MMI4U (Mb MCwm~firC""m MLI4487 (ataemf *A Soq AmPsevic4 MURI4488 (OreizjbrCOgwe Mill 449 (GOlifor CAIVU). MUK Pre-Mill 338 (R*durd Osrysler Inc.); and Pre-MUR339 (Memud & Ausci.4 Iuc

~...

Wercommend that theCommnission exercise its weecutorlial" dKiCscreio

Ci and direct closure of the case listed below,, effective May 19,1997- a3osing thes

cases as of this date will permnit CED and the Legal Review Team thenesar

time to prepare dlosing lettr and case files for the public record.

IlL ninmrnA. Docila to open a MMR dose the file effective May 19, 1997, aid

approve the aprorteq letr nth olwng 0,01uus

1. Pre-MUR 338

2. Pre-MUR 339

B. Take no action, close the file effective May 19,1997, and approve the

appropriate letters in the following matters

MUR 4419

MUR 4423

MUR 4424

MUR 4429

MUR 4430

MUR 4431

MUR 4433

MUR 4437

MUR 4440

10.

11.

12

13

14.

15.

16.

17.

is.

MUR 4450

MUR 4452

MUR 4455

MUR 4456

MUR 4457

MUR 4458

MUR 4461

MUR 4462

19.

21.

22

23.

24.

25.

26.

MUR 4465

MUR 4469

MUR 4475

MUR 4479

MUR 4482

MUR 4487

MUR 4488

MUR 4489

NI

GealCu

V7, ~

IC)

(Ni

1~the matter Ot

Rnforcement Priority,

UumzmX, Majori. V. Rimao #Secretary of the Wederal Uiection

Coission, do hereby certify that the Coission decided by avote of S-0 on May 12, 1997, to take the following actions withrespect to the General Counsel's May 6, 1997 report an

enforcement priorit

A. Decline to open a NOR, close the fileeffective May 19, 1997, ad apove theappropriate letters in the following matters:

1. PreMUOR 3382. Pre-KUR 339

B. Take no action, close the file effectiveMay 19, 1997, and apoethe appropriateletters in the following matters:

MDI 4419XVI 4423MMI 4424-M 442 9

HU 4430UMI 4431XVI 4433UMI 4437XVI 4440

10.11.12.13.14.15.16.17.16

XVI

Un

KIM=IMWIM=I

44504452445445644574456446144624464

20.21.22.23.24.25.26.

MMI 4465XVI 4469HI 4475XVI 4479MM 4462MRI 4467MMI 4466XVI 4469

Comissioners Likens, Zlliott, McDonald, Mcarry#

Thomas voted affirmatively for the decision*

Attest:

Received in the Secretariat: Tues.,Circulated to the Comission: Wed.,rDeadline for vote: Mon* ,

May 06v 1997May 07, 1997May 12s 1997

2:45 p.m.11: 00 &a.

4:s00 p.m.

(\J

and

DatT-r-

. x

Ff DERAL ELECTION COMMISSION4 WASH1WGON. DC J*fJ

May 19, 199

Wayne D. Shows4520 E-140 William Blvd.Keume, LA 70065

RE: MUR 4457

Dear Mr. Sbows:

on Sepember i i, 1996, the Federal Election Commission received YOUr complait

alleging certan violatis of the federal Election Campaign Act of 1971, as wnded (the

- Act").

U After considering the circmtne of this matter, the Commissio bas determined to

nexercis its prosecutoria] discretion, and to take no action against the responents-. Sm attached

(N narrative. Accordingly, the Commission closed its file in this matter on May 19,1997. This

matter will become pert of the public record wvithin 30 days.

The Act allows a cmliatto seek judicial review of the Commission's dismissal of

this actio. 2 U.S.C. 9437SaXS)-

f. An&w

Supervisasy AflarnyCentral EnforcmeNtMM" Docket

AttachmentNarrative

UL DEARTMM"4 OW WEALTH AND HMAN SERVICES

Wayne D. shaws shops *a d *h itruc-I orya mesaps prhntd in the 1996 Dsrmemt

o(fst ,jHu..an viMes pI~Lic-Ation YouAkdkww Huwbook, ow iueI dM eWortwhoCiton pei"capin

HMar S. Rabb repOnds on behaf of Secretary of Health and Human Servces, Donna E.

Shalala, and Healt Care Finance Administrator, Bruce C. Viadeck. She sdates that the HaltCare Financing Administration mails copies Of this and Other hnoosto Mdcrbeneficiaries annually to advised them about benefits and available resouce. She also stated

that the foreword messages contain no partisan political statements and no statements intendedto influence an election.

This matter is less significant relative to other matters pending before the Commission.

In

FEDERAL ELECTION COMMISSIONS WASHINGTON. D-C 3may 191,1997

Doams E. Shabula, Secreary of HeaMt and Human ServicesDepartment of Haft and HumnSrie

200 1-dependnc e Avenue, SWWashington DC 20201

RE: MUR 4457

Dear Madam Secretry:

on September 17,1996, the Federal Election Commission notified you of a complaintalleging certain violation of the Federal Electiont Campaign Act of 1971, as amended. A copy

tfO of the complaint was enclosd with that notification.

After considering the circumstances of this matter, the Commission has determined toLn exercise its prosecutorial discretion and to take no action aganst the Department of Health and

Human Serices and you, as Secretary. $a attached narrative. Accordingly, the Commissionclosed its file in this matter on May 19, 1997.

C\JZ10 The confidentiality provisions of 2 U. S.C. I 437g(aX 12) no longer apply and this matter

is now pubf c. In addition although the complet file must be plced on the public recodwithin 30 days, this could occuir at any time followin certification of&e Comsso'(vt.

qT if you wish to subtmit any factua or legal maerials to appea on t pulc eorple do soas soon a posibe. Whie the file may be placed on the public record prior to receipt of youraddtina materials, any permissible submissions will be added to the public record whenreceived

If you have say qwtos pleas cotac Jenmifer Hienry at (202) 21943400.

Sincerely,

F. AndrewSupervisory AttorneyCentral Enforcemen Docket

AttachmentNarrative

$w~r- W~ ~4~4

U&. DEPART"E"4 OF EALTH AND HUMAN SERVICES

Wayne D. Shews alleps fht -rns Asr~tw a esp INias in thM96I~prof Heal, wa Huma Service PuIkum rw my~cr falaet, nstdieu99d Da reNo=mn Of the CliNOn V115sIadentISial cmagn.COM!

arriet S. Rabb responds on behalf of Secretaty of Health and Human Sevices, Donn E.Shalala, and Halt Care Finance Administrator, Bruce C. Vladeck. She states tha the HaltCare Financing Administration mails copies of this and other handbooks to Medicarebeneficiaries annually to advised them about benefits and available resources. She also statedthat the foreword messages contain no partisan political statements and no statements intendedto influence an election.

This matter is less significant relative to other matters pending before the Commission.

~' ~. ~

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20%3

0 . BMW,"ay 191, 1997

Bruce C. Vadeck A1'6'alatinorHealth Car im A sii A~unlraton200 Independecea Avenue SWWashington, DC 20201

RE: MUR 4457

Dear Mr. Viadeck.

On Septem---ber 17,1996, the Federal Election Commission notified you of a complaintalleging certain vioations of the Federal Election Campaign Act of 197 1, as amended A copy

N of the complaint was enclosed with that notification.

After considering the circumstances, of this matter, the Commission has determined toLO) exercise its ptrosecura 1 iscretio and to take no action against the Health Came Financing

-, Administration and you, as aftinistrator. ! attached narrative. Accordingly, theCommission closed its file in this matter on May 19,1997.

T"he can fidenatiality prisions, of 2 U. S.C. § 437g1(aXl12) no longer apply and this matteris now public. Ia addition aitlegh tie complete file must be placed on the public recordwithin 30 deq5i thi andd occ at any time following ceutificatios of the Commission's vote.If you wish to 111 my keW or lega materials to apear on te pubic record, pe..e do soas soon as posAuil While tm We may be placeid on the pubic ecord pior to receipt of your

') adiioa mails, amy Perissible submins will be added to the public record when7%1 recerived.

If you 1my-Sl quetics pcontatJemuferHenryat (202) 219-3400.

Sincerely,

Supervisory AttorneyCentral Enforcemven11t Docket

AttachmentNarrative

U.S DEARTIMENTr OF HEALTH AND HUMAN SELRVICE

Wayne D. Shows ~lp thot the 20troducto mnsps priumed in th 1996 D 10utNOof Healt and Hu= Servime YaIcto ow Medceam so& cmttwdaendoreviuanuftofth lmon VxIMcta cmmu

Hariet S. RAbb responds On behalf of Secretary of Health and Human Serices, Donna, E.Shalala, and Health Care Finance Administrator, Bruce C. Viadeck. she sttsthat the HealtCare Financing Administration mails copies of this and other handbooks to Medicarebeneficiaries annually to advised them about benefits and available resources. She also statedthat the foreword messages contain no partisan political statements and no statements intendedto influence an election.

This matter is less significanit relative to other matters pending before the Commission.

FEDERAL ELECTION COMMISSIONWASHINGTON, 0 C 2046)

May 19, 1997

Chryl MWts Esq.Associaft COBWl 10 te PfeidetWhit House CouMWl's Office1600 Pennsylvania Ave-, NWwashington, DC 20500

RE: MUR 4457

Dear Ms. Mills:

On~~I oetmr 17,1996, the Federal Election Commission notified you Of at Complaintalleging certain violations of the Federal Election Cam*pgAcof97,samne.Aoyof the complaint was enclosed with tha notification.

After considering the circumstances of this matter, the Commission has determined to

exercise its prosecutorial discretion and to take no action against the Clinon Administration

1: See attached narrative. Accordingly, the Commission closed its tile in this matter on May 19,

C 1997.

110 The confidentiaity provisions of 2 U.S.C. § 437gaX 12) no longer apply and this matter

Il) is now public. In addition altugh the complet file must be placed on the public record

withn 30 days, tis could cW at MY time foliowM9 wtfcai -Of tie Comino vowe.

if you wish to mb*t any aCtUa or legal maas to qpw on the pubic fecordi please do so

C) as soon a pussble Whie tSe file may be placed On t&C pubic re dpnor to 'W6e0 or yolfadditional materials, any prisibe subwmissions will be added to the publi record wereceived,

If you have any qusMos pleas cnatJemfer Henry at (202) 219-3400.

F. AndrewT

CDocke

AttachmentNarrative

U.& DEPARTMNT OF HEALTH AND HUMAN SERVICES

Way" D. Shows afles tha the ifth%"WWWto~muap printd in t 1996 Depuwmestof Haft mdHmuma Serviest -1 imict rawr MWicarw Hfandbook~ costituled an

Harriet S. Rabb responds on behalf of Secetay of Health and Human Services Donn E.Shalala, and Health Care Finance Administrator, Bruce C. Viadeck. She states that the HealthCare Financing Administration mails copies of this and Other handbooks to Medicarebeneficiaries annually to advised them about benefits and available resources. She also stated

that the foreword messages contain no partisan political statements and no statements intendedto influence an election.

This matter is less significant relative to other matters pending before the Commission.

Cj)04

IfO

(N

FEDERAL ELECTION COMMISSION

IM1E FILME £GR ND-ti c.2-APRWC\J

tf)

C'4

-3

A'1*

FEDERAL ELECTION COMMISSIONWA*HNGTON. DC 20463

Dat*: 7/ 7

VHicrof ils

Press

THE ATTACHED NATUKIAL IS BRING ADDED TO CLOSRD, XR LlH-T7

Junie 18, 1997

CEPRrTIFIED MATILRETMRCZ~r11BZQnTE1

F.- Andrew Turley, Supervising Attorney3Central Enforcement DocketFederal Election Commission999 B Street NWWashington, DC 20483

Dear Mr. Turley:

After thouglhtful consideration of the sum and substance of your May 19,199? letter, I continue to be so disturbed by the arbitrary dilmiasa of mycomplaint by the FEC that I am compefled to react with frankiness, regardlessof the futiity.

CNJ You reported that ray September 11, 1998 opan against Ms. Sbalala.IN and Mr. Viadeck was dismissed because Harriet Rabb, a polRItOal appointee Of

the same officials you were .sesbyIvsiaig made unfounded-~ assertions the FEC emrcdas @ospel tUt~h.

Did the entire "Investigations consist of Ms. Rabb's mooouor Werethere other witnesses?

Did the FEC expect one in Ms. Rabb's situation to Jeopardize her futureby denouncing actions of her superiors? Does the FEC understand that ma.Rabb's paycheck and well being depend on not offending thee officias? iDid

c~. FEC officials ever consider that the vulnerable Ms. Rabb's prime motivationmight be safeguarding her livelihood? Forgive me, but the FEC performanceon this one is outrageously suspect and transparent.

Is malfeasance, condescension or Indifference at all responsible for theFEC acceptance of the non-responsive affirmation of this assistant of theaccused officials? The "exercise of your prosecutorial discretion" is anunacceptable Justification to disrespect and invalidate the rightul concerns ofa private citizen.

In this case, the FEC proceedings were capricious, arbitrary and notsupported by any semblance of evidence. I reject the action, or more correctlythe inaction, of the "Commission." and stand by my original accusation.Medicare Handbooks In the past have contained no such partisan, tacit,sublImmnal political message and any objective investigation woulddemonstrate that fact beyond doubt.

Wayne D. ShowsJue1,99 ae

I also take umbrage to the characterizing my complaint as lessignificant than other matters pending before the commission.* That isprejudicial, demeaning, unsuitable and a shallow guise to excuse theavoidance of an objective examnination of the facts. Only a fool or maliganpartisan would dismiss this complaint on the subjective, inane, nonsenaioalgrounds you cite.-

Do you have any responsible to explain options so that even a naivelayman can comprehend his rights? Your letter Is less than adqaein thatregard, and one can only wonder If It is by design. Could It be a ruse, writtenin a way, to abridge my rights and options while enabling you to maintain thatyou did your duty according to the law.

Not being a lawyer and not having access to legal advise, I have no wayto know the meaning of the last sentence in your letter. Does it mean I havefurther recourse?

CN Many of my acquaintances believed this complaint to be a valid, but theyCN all forewarned that complaining to the FEC would be fruitless, engender no

action and result only in insultiing frustration. Nalvely I believed dlfferently,Cc' but I now have a greater respect for their opinions and wisdom.

In the future It would be reasonable for you to convey information moreexplicitly. A high ranking official, such as yourself, surely must know thatcommunication and proscription can not occur In the absence of

C understanding.

I request this letter be presented to the full Commission and be madepart of the public record to which you alluded.

Sincerely;

0 -J)5.WAYNE D. SHOWS, Private Citizen4520 E- 140 Williams BoulevardKenner, Louisiana 70068(804) 467-8304

June 18,1997 Pao 2

Way" D. Shows4WD E-14D *Uf BaulgurKWv, Lmubm mm

CERTIFIE

Z 372 290 376

- -. ~- ~-

RTrnMECIP REL-UEK 9

aIb TAL ISOVICE

0000

c~J

Retha Dlzou, Docket ChiefFedera Eletion Commission999 E. Street NWWashhngton, DC 20463

t? 9 S

$2.7?000 414I

1(-

y2~~

9 1 " 0 / 61