Wednesday, September 7, 2016

Reason No. 9 - Not to Vote for Hillary. Hillary did not follow her own guidance on Federal Records or Phone and Computer disposal by Law

Hillary did not follow the Law on disposal of equipment or records.  She had no authority to destroy records on her own, or destroy Government Property own her own.

Any government employee who destroyed property with out approval would be held responsible for payment.  Was an inventory of property conducted when Hillary left the State Department?

Classified material has to be logged.  It would be interesting to find out how many classified documents have been logged out and are now unaccounted for.  The burn bag episode and loose handling of classified material should prompt and inventory of these documents as well.

Below is the guidance found for the U.S. Sec. 14,  STATE DEPT. BASIC AUTHORITIES ACT OF 1956  on Federal Records or Phone and Computer disposal by Law.

Section 303(c)(2) of the Federal Property and Administrative Services Act of 1949;
The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal
agencies.

SUBCHAPTER III—DISPOSING OF
PROPERTY
§ 541. Supervision and direction
§ 545. Procedure for disposal

Page 39 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS 
 

(c) AUDIT OF PROPERTY ACCOUNTS.—The Comptroller General shall audit all types of property accounts and transactions. Audits shall be conducted at the time and in the manner the Comptroller General decides and as far as practicable at the place where the property or records of the executive agencies are kept. Audits shall include an evaluation of the effectiveness of internal controls and audits, and a general audit of the discharge of accountability for Government owned or controlled property, based on generally accepted principles of auditing.

§ 522. Reimbursement for transfer of excess property
  
Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of excess property.  

527. Abandonment, destruction, or donation of property
 
The Administrator of General Services may authorize the abandonment or destruction of property, or the donation of property to a public (1) the property has no commercial value; or (2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale.

SUBCHAPTER III—DISPOSING OF PROPERTY § 541.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
Supervision and direction Except as otherwise provided in this subchapter, shall supervise and direct the disposition of surplus property in accordance with this subtitle. Aare substituted for ‘‘shall have supervision and direction over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be prescribed in or pursuant to this Act’’ for clarity and to An executive agency designated or authorized by the Administrator of General Services to dispose of surplus property may do so by sale, exchange, considers proper. The agency may execute documents to transfer title or other interest in the property and may take other action it considers under this chapter.

[Page 39 - 40 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS]

Sec. 14 STATE DEPT. BASIC AUTHORITIES ACT OF 1956

Administrative services as the Secretary, with the approval of the Bureau of the Budget, determines may be performed more advantageously and more economically as central services; and (4) medical and health care services. Such fund shall also be available without fiscal year limitation to carry out the purposes of title II of this Act. The capital of the fund shall consist of the amount of the fair and reasonable value of such supply inventories, equipment, and other assets and inventories on order, pertaining to the services to be carried on by the fund, as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations,
together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed, or credited with advance payments, from applicable appropriations and funds of the Department of State, other Federal agencies, and other sources authorized by law, for supplies and services at rates which will approximate the expense of operations, including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as
miscellaneous receipts, as of the close of each fiscal year, earnings which the Secretary determines to be excess to the needs of the fund.

ADMINISTRATIVE SERVICES SEC. 23. ø2695¿ (a) AGREEMENTS.—Whenever the head of any Federal agency performing any foreign affairs functions (including, but not limited to, the Department of State, the Broadcasting Board of Governors, and the Agency for International Development) determines that administrative services performed in common
by the Department of State and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the Secretary of State and the heads of the other agencies concerned may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within one of the other agencies concerned of
so much of the functions, personnel, property, records, and funds of the Department and of the other agencies concerned as may be necessary to enable the performance of those administrative services on a consolidated basis for the benefit of all agencies concerned.
Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts which will approximate the expense of providing administrative services for the serviced agency.

TITLE III—DISPOSITION OF PERSONAL PROPERTY ABROAD DEFINITIONS
SEC. 301. (4341)

For purposes of this title, the following terms have the following meanings:
(1) The term ‘‘employee’’ means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927)) and who is—
(A) an employee as defined by section 2105 of title 5, United States Code;
(B) an officer or employee of the United States Postal Service or of the Postal Rate Commission;
(C) a member of a uniformed service who is not under the command of an area military commander; or
(D) an expert or consultant as authorized pursuant to section 3109 of title 5, United States Code, with the United States or any agency, department, or establishment thereof; but is not a national or permanent
(6) The term ‘‘personal property’’ means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal
use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 303.

LIMITATIONS ON DISPOSITION OF PERSONAL PROPERTY SEC. 302. [4342] (a) GENERAL RULE.—Except as authorized under subsection (b), employees or members of their family shall not sell, assign, or otherwise dispose of personal property within a foreign country which was imported into or purchased within that foreign country and which, by virtue of the official status of the employee.

(b) APPROVAL BY CHIEF OF MISSION.—The chief of mission to a foreign country, or a designee of such chief of mission, is authorized to approve within that foreign country sales, assignment, or other dispositions of property by employees under the chief of mission’s
jurisdiction (as described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) to the extent that such sale, assignment, or other disposition is in accordance with regulations and policies, rules, and procedures issued pursuant to section 303.

[F:\COMP\FOREIGN\STATE DEPARTMENT BASIC AUTHORITIES ACT OF 195....XML
69 STATE DEPT. BASIC AUTHORITIES ACT OF 1956 (P.L. 8... Sec. 401)]

(c) VIOLATION.—Violation of this section, or other importation, sale, or other disposition of personal property within a foreign country which violates its laws or regulations or governing international law and is prohibited by regulations and policies, rules, and procedures issued pursuant to section 303, shall be grounds for disciplinary action against an employee.

No comments: