Top State Dept. officials’ work emails not automatically archived before February (HRC lied)

POLITICO ^ | March 13, 2015 | JOSH GERSTEIN

[IYAS9YAS]

Good catch. Either way, I’m not sure what the penalty would be for not signing a form, mandatory or optional. I know it would involve fines and potential jail time for signing and breaking the agreement. I can’t locate anything on not signing the form to begin with.

[rolling_stone]

https://www.law.cornell.edu/cfr/text/22/13.3

malfeasance

[philman_36]

Here it is with both forms mentioned...
U.S. Department of State Foreign Affairs Manual Volume 5 Handbook 4 Records Management Handbook

5 FAH-4 H-210 REMOVAL OF PERSONAL PAPERS AND NON-RECORD MATERIAL
5 FAH-4 H-217.1 1 Responsibilities
a. The administrative section of each Department of State bureau, office, or post, is responsible for:
( 1 ) Reminding all officials, about to leave the Department or a post, of the requirements for the removal of personal papers and nonrecord materials;
( 2 ) Enforcing compliance with these procedures for the removal of documentary materials prior to execution of the Separation Statement (Form OF - 109 );
( 3 ) Reviewing materials proposed for removal for all officials except Presidential appointees, located in Washington, DC, who were confirmed by the Senate ; and
( 4 ) Ensuring that departing officials receive a mandatory briefing and that all departing officials will execute a Form SF - 312 , Classified Information Nondisclosure Agreement certifying that they have not retained in their possession classified or administratively - controlled documents .

Now I'm wondering if all of this OF-109 issue was an intentional misdirection since it's an "optional" form.

[philman_36]

Isn’t the wording the same in both forms?

Completely different forms.

I didn't ask if they were the same form. I asked if the wording was the same and it appears, to me at least, that it is.

I've already provided a link to Form SF-312 above. I don't need yours.

[rolling_stone]

12 FAM 564.4 Termination (TL:DS-88; 02-13-2003) (Uniform State, AID, OPIC, TDP) a. A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. the debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4). b. AID’s Office of Security, IG/SEC, will conduct a security debriefing upon the separation of AID employees.

[rolling_stone]

12 FAM 564 BRIEFINGS (TL:DS-61; 10-01-1999) (Uniform State, AID, OPIC, TDP) The information security education program shall include all personnel authorized or expected to be authorized access to classified and/or administratively controlled information. The program shall, as a minimum, be designed to:

(1) Advise personnel of the adverse affects to the national security that could result from unauthorized disclosure and of their personal and legal responsibility to protect classified information within their knowledge, possession, or control;

(2) Indoctrinate personnel in the principles, criteria, and procedures of proper classification management, to include the classification, downgrading, declassification, marking, control and accountability, storage, destruction, and transmission of classified information and material;

(3) Familiarize personnel with procedures for challenging classification decisions believed to be improper;

(4) Familiarize personnel with the security requirements of their particular assignment;

(5) Familiarize personnel with system security standards for use of automated information systems;

(6) Advise personnel of the strict prohibition against discussing classified information over an unsecure telephone or in any other manner that permits interception by unauthorized persons;

(7) Inform personnel of the penalties for violation or disregard of the provisions of this regulation; and

(8) Instruct personnel that individuals having knowledge, possession, or control of classified information must determine, before disseminating such information, that the prospective recipient has been cleared for access by competent authority; needs the information in order to perform his or her official duties; and can properly protect (or store) the information.

[IYAS9YAS]

I asked if the wording was the same and it appears, to me at least, that it is.

They are not the same. They do both overlap regarding references to some of the same sections/titles of US Code, but they do not reference the same sections entirely. For example, the OF-109 references several sections of Title 42 of the US Code, and the SF-312 does not reference Title 42 at all.

The SF-312 is used for all agencies specifically regarding classified information (SF-312), while the OF-109 is specific to the Department of State regarding both classified and administratively controlled documents. Also, if you note paragraph 8 on the 312, it specifically states "during the time I am granted access to classified information, and at all times thereafter." which implies the form is used upon being granted access to classified information (prior to, or during employment), while the SF-109 is a separation agreement.

Bottom line is yes, they are similar, but they are not the same.

[philman_36]

This part...classified or administratively-controlled documents...is the same. I didn't mean the whole damn thing!

That's why I emphasized it in italics.

Never mind.

[IYAS9YAS]

There is no mention of, or wording for, “administratively-controlled documents” in the SF-312. It pertains strictly to classified information. They are not the same thing.