Ryan lashes out at IRS commissioner: 'Nobody believes you'

This is the Federal Mandate for the IRS and email record keeping, short read, one page. If after reading this, you don't think the agency Obama put in charge of keeping our health care records and every thing about our financial life and assets, is capable of doing horrible things to us....keep living in lala land.

Bulletin 2013-03
SUBJECT: Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal
archives.gov

NARA Bulletin 2013-03

September 9, 2013

TO: Heads of Federal Agencies

SUBJECT: Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal

EXPIRATION DATE: September 30, 2016

1. What is the purpose of this bulletin?
This bulletin is being issued to reaffirm that agencies and agency employees must manage Federal records appropriately and protect them from unauthorized removal from agency custody. Also, this bulletin clarifies records management responsibilities regarding the use of personal email accounts for official business and the use of more than one Federal email account. NARA recommends that Federal agencies refer to this guidance when advising incoming and departing agency employees about their records management responsibilities.

2. What must heads of Federal agencies do to implement this bulletin?
Heads of Federal agencies must provide guidance on the proper management of Federal records, including the handling of records containing information exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552), the Privacy Act (5 U.S.C. 522a), or other applicable laws. Managing records effectively ensures that permanently valuable records become part of the National Archives and Records Administration (NARA) while other records and information of temporary value are retained for as long as needed and then properly disposed. In addition, the heads of Federal agencies must issue instructions to staff on the identification, management, retention, and disposition of email messages determined to be Federal records (36 CFR 1236.22(a). Finally, they must notify employees that there are criminal penalties for the unlawful removal or destruction of Federal records (18 U.S.C. 2071 and 36 CFR 1230.12) and the unlawful disclosure of national security information (18 U.S.C. 793, 794, and 798).

3.What materials are Federal records?
As defined in 44 U.S.C. 3301, Federal records are documentary materials that agencies create and receive while conducting business that provide evidence of the agency's organization, functions, policies, decisions, procedures, and operations, or that contain information of value. Government employees, including Federal contractors, create and maintain Federal records as part of their duties and responsibilities. Federal records can exist in a variety of electronic forms including images, video and audio recordings, websites, social media and collaboration tools, databases, shared drive files, and email.

In certain cases, drafts and notes may be “working files and similar materials” that should be maintained as Federal records (see 36 CFR 1222.12). Whether they are in electronic or paper form, “preliminary drafts and rough notes” and other similar materials must be maintained as records if they meet the criteria specified in 36 CFR 1222.12(c).

4. Can email messages be Federal records?
Yes, email messages created or received in the course of official business are Federal records if they meet the definition mentioned above, and agency employees must manage them accordingly. Under NARA’s current policy and regulations, defined in 36 CFR 1236.22(a), agencies must issue instructions to staff on the identification, management, retention, and disposition of email messages determined to be Federal records. Employees who create a significant amount of permanent email records should consult with their records officer to determine the most effective way to manage them, including using NARA’s recent “Capstone” guidance, NARA Bulletin 2013-02, entitled “Guidance on a New Approach to Managing Email Records.”

5. What are agencies’ and agency employees’ recordkeeping responsibilities when the use of personal email accounts is authorized?
While agency employees should not generally use personal email accounts to conduct official agency business, there may be times when agencies authorize the use of personal email accounts, such as in emergency situations when Federal accounts are not accessible or when an employee is initially contacted through a personal account. In these situations, agency employees must ensure that all Federal records sent or received on personal email systems are captured and managed in accordance with agency recordkeeping practices. Agency policies and procedures must also ensure compliance with other statutes and obligations, such as FOIA and discovery.

6. What are agency responsibilities when employees have more than one Federal email account?
NARA recognizes that employees may have a business need for more than one agency-administered email account. Business needs may include, but are not limited to:

Using separate accounts for public and internal correspondence;
Creating accounts for a specific agency initiative which may have multiple users; and
Using separate accounts for classified information and unclassified information.

Regardless of how many Federal email accounts individuals use to conduct official business, agencies must ensure that all accounts are managed, accessible, and identifiable according to Federal recordkeeping requirements, as established in 36 CFR 1236.22. Agencies must ensure that the name of an individual employee is linked with each account in order to comply with FOIA, discovery, and the requirement to transfer permanent email records (or accounts if the agency is using the Capstone approach) to NARA. In most cases, this requires the full name or readily identifiable nickname that is maintained on a distribution list.

7. Are there Federal documentary materials that do not qualify as records?
Materials such as extra copies of records kept solely for convenience of reference, library or museum materials, and stocks of publications and processed documents are excluded from the definition of "record" (44 U.S.C. 3301). These “non-record” work-related materials nevertheless belong to and are controlled by the Government (36 CFR 1222.14) and must not be removed unless approved as cited in 36 CFR 1222.18.

8. Under what circumstances may employees remove records and documentary materials from Government custody?

Employees must not remove Federal records from Government custody without proper authorization. Under 36 CFR 1222.24, agencies must develop procedures to ensure that departing employees do not remove Federal records.
www.archives.gov...

a reply to: kruphix

Wow, you do realize you're defending the IRS. THE IRS FFS! What the hell is wrong with you? Seriously. Is it because it's the other party that's attacking it? Any chance to discredit republicans, right? Go ahead, discredit the Repubs. I don't give a crap. But when there's something not right with a government agency, I don't care who brings it up, I'm not going to turn a blind eye to something that doesn't seem right because I'm a partisaned little piece of monkey crap.

Screw the political party BS.
This is about weeding out corruption in a government agency. You're blind and can't see that. Or you're a damn troll and I've wasted so much time even reading what you have to say. Good day, sir!

a reply to: Echo3Foxtrot


I've just sat and read this whole thread and you are spot the hell on. I can't believe this has been allowed.

Way to completely wreck and derail a thread kruphix.

Be proud

a reply to: Destinyone

Good find there Destinyone!

If I understand this correctly, then the National Archive and Records Administration should have copies of all the emails in question and recovery of them should not be a problem, unless Lerner and the others with missing emails failed to comply with this federal regulation.

a reply to: kruphix

And still...over 24,000 emails were turned over to the congressional investigation...and they found absolutely nothing in them.

Ahhhh. Brilliant indeed.

Release as much diversionary info as possible to throw people off target.

But they even screwed up that arrangement too.

Lot's of damning emails were actually found in that lot.

Congressmen, Senators etc. were in on the kill plot.

It was all financed by NGO's with ultra-Left connections.

google: " irs emails judicial watch "

one damning batch

a reply to: Echo3Foxtrot

That's what I don't get. I'm not even American so have no dog in this race but I believe in the truth and this whole scandal just reeks of dishonesty from the get go.
But I have to thank Kruphix for getting me interested in the subject because it was his lack of knowledge on corporate IT systems that brought me in to it.

I have to question why he is so involved and the fact he only joined a few months ago, that makes me suspicious also.

originally posted by: Echo3Foxtrot
a reply to: kruphix

Wow, you do realize you're defending the IRS. THE IRS FFS! What the hell is wrong with you? Seriously. Is it because it's the other party that's attacking it? Any chance to discredit republicans, right? Go ahead, discredit the Repubs. I don't give a crap. But when there's something not right with a government agency, I don't care who brings it up, I'm not going to turn a blind eye to something that doesn't seem right because I'm a partisaned little piece of monkey crap.

Screw the political party BS.
This is about weeding out corruption in a government agency. You're blind and can't see that. Or you're a damn troll and I've wasted so much time even reading what you have to say. Good day, sir!

Am I supposed to have a problem with the IRS?

Am I supposed to be angry that I pay taxes?

Because I have no problem with paying taxes...I think we don't pay enough taxes (for the higher earners) in this country. I don't have a problem with the IRS, they have a job to do and they do it.

Maybe I don't have a problem with the IRS because I pay my taxes, I pay them on time, and I don't try to play games to get out of paying taxes.

originally posted by: lynn112
a reply to: Destinyone

Good find there Destinyone!

If I understand this correctly, then the National Archive and Records Administration should have copies of all the emails in question and recovery of them should not be a problem, unless Lerner and the others with missing emails failed to comply with this federal regulation.

Exactly Lynn112.

They've broken so many Federal Laws with just the lie alone. The IRS in their arrogance didn't prepare for their own government to have legal means to call them on those lies. They think they are above the law.

Arrogance, and indifference to the people they work for, and who pays them, will be their downfall.

Des

a reply to: xuenchen

And again...absolutely nothing in there about "targeting".

These emails show that they are working on the applications of Tea Party groups...shouldn't that be a good thing...that they are working on their applications to get them processed?

This is just hilarious..."Oh look...they are processing Tea Party applications...they are guilty".

WTH kind of logic is that?

If you can't beat em... join em.

This is just another example of the GOP blowing things out of proportion. One insignificant clerk who was biased against republicans and how the GOP is making things up again. It's obvious that the IRS is telling the truth, because they said so. There was no evidence to prove they were guilty in the evidence supplied by the suspected party so that means there is nothing to find.

I mean, if the police suspected a person of dealing drugs, and the suspect said "no, I don't deal drugs, here I'll take photos of the inside of my house so you can see there are no drugs" that's good enough for me. Because if someone/group is suspected of criminal activity, evidence provided from that suspected source isn't suspect or anything. I trust the suspected drug dealer to take honest photos of his house, and not hide drugs or anything, just like I trust the IRS to be upfront with the evidence they have.

You are all just being paranoid, there are tons and tons of Republicans who are speaking out against fellow Republicans who are stirring up trouble about this IRS thing. The GOP knows it's a non-issue only a few extremists are still following it. Ron Paul even came out and said to leave the IRS alone and there is nothing to see.

This whole thing started because a guy claimed to be an ex-employee of the IRS and said they were targeting people. Turns out he lied and never was employed by the IRS so this is all started over BS anyway.

You guys just need to realize that the government is trustworthy most of the time and to give them a little leeway if things look like they might be bad. Just remember that they are thinking of your best interests, trying to run this country, so keep that in mind when attacking them for little things like this that don't matter.

Political parties come and go. Presidents come and go.

Members of Congress and the Senate also come and go.

The IRS is a government branch that will be there....no mater WHO is president and no mater WHAT political party may or may not be in power.

When employees of a government branch start pleading the 5th when questioned.....it should worry people. No mater who you are, or what political ideaology you follow.

When documentation such as emails are hidden.......it should worry people again.

This entire thing has brought to light either one of two things:

1) The IRS is quite guilty of trying to hide things.

Or

2) The IRS is quite incompetent at their jobs and record keeping.

Either thing should concern every single person in the US.

The IRS works for US, the PEOPLE of the US.

They do not work for the Democrats. Nor do they work for the Republicans.

I for one would like some answers. Especially when it looks like they are trying their best to hide those answers. That raises even more questions.

a reply to: kruphix

I'm assuming because you haven't responded to my post here that you have conceded that you were in fact wrong with your assumptions?

I work for a multi billion dollar worldwide fortune 200 company and if I told someone from the government that my e mails were lost they would just laugh. It doesn't happen

originally posted by: kruphix

And still...over 24,000 emails were turned over to the congressional investigation...and they found absolutely nothing in them.

And we have no clue how many pertinent emails are missing. That is the point of the investigation, to call for discovery of potential evidence of wrongdoing.

The backup company did what they were contracted to do. They do what the IRS asked them to do. They were being used for disaster recover, not a complete archival system. The long term policy of the IRS to store emails is to archive on local drives...which is a horrible IT policy...but that is what they did.

Then we agree on something.

It is laughable...it was also laughable that Target had the vulnerabilities they had that resulted in millions of stolen credit card numbers...but it happened.

Even your backup system that you outlined has some serious vulnerabilities with it.

I'm not a federal agency and I certainly am not governed by the same data storage rules as the IRS. Besides, the emails under my care are not significant enough to warrant advanced data storage.

They admitted that some low level employees decided to do this in one of their offices. They did this for 75 groups applying for non profit status...75 groups. Do you really consider 75 groups out of the 300 that they were processing at that one single office as a huge conspiracy by the leadership of the IRS???

Actually that is the point of the this whole "witch hunt" as it has been called. It is find proof that either this was just a small incident as you believe or that it does in fact go much further up the food chain in the government.

Manufactured scandal...I don't even think you and others realize what they are so "outraged" about anymore.

I know exactly why I'm angry. I'd like the IRS to be truthful with the people who pay their salary and their actions/words so far have been anything but honest.

originally posted by: kruphix
a reply to: xuenchen

And again...absolutely nothing in there about "targeting".

These emails show that they are working on the applications of Tea Party groups...shouldn't that be a good thing...that they are working on their applications to get them processed?

This is just hilarious..."Oh look...they are processing Tea Party applications...they are guilty".

WTH kind of logic is that?

BwaaaHaaa

Here's their "early on" excuses .......

The Internal Revenue Service on Friday apologized for targeting groups with “tea party” or “patriot” in their names, confirming long-standing accusations by some conservatives that their applications for tax-exempt status were being improperly delayed and scrutinized.

Lois G. Lerner, the IRS official who oversees tax-exempt groups, said the “absolutely inappropriate” actions by “front-line people” were not driven by partisan motives.

and this masterpiece......

Rather, Lerner said, they were a misguided effort to come up with an efficient means of dealing with a flood of applications from organizations seeking ­tax-exempt status between 2010 and 2012.

of *Course* this was *Before* she pleaded the 5th

IRS admits targeting conservatives for tax scrutiny in 2012 election (May 10, 2013)


They keep using the same old rubber hammer...

originally posted by: mclarenmp4
a reply to: kruphix

I'm assuming because you haven't responded to my post here that you have conceded that you were in fact wrong with your assumptions?

I already addressed your question.

I'm not sure why you can't accept that.

In the days to come, I'm sure we will hear if Sonasoft is the backup company in question or not. I'm fine with waiting, I have no problem with waiting for the facts to come out.

a reply to: lynn112

Actually that is the point of the this whole "witch hunt" as it has been called. It is find proof that either this was just a small incident as you believe or that it does in fact go much further up the food chain in the government.

And they have wasted hundreds of hours, wasted thousands of tax dollars, gone over thousands of documents and emails...and have found no evidence to say it was anything else than what the IRS has already stated it was.

At some point, you need to admit that there is nothing there.

a reply to: kruphix

You haven't addressed that post at all but nice deflection.

Likewise I'm happy to wait for all the facts to come out, that's how we get to the truth.
As I said I have no dog in this race, i just call people out on their false assumptions which you have done numerous times in all the IRS threads so far.

This IRS Commissioner guy looks like a turtle, what a tool . These people should just admit their guilt and take their punishment. When it is discovered without them admitting their guilt, they will be thrown in jail and the suffering they get in jail at their age will be horrendous. At least if they admitted their guilt the court might have mercy on their pathetic souls.

originally posted by: kruphix

originally posted by: BobAthome
a reply to: kruphix

actually,,your quote "you have zero evidence" is not true.

Circumstantial evidence - Definition

"evidence that tends to prove a fact
by proving other events or circumstances
which afford a basis for a reasonable inference
of the occurrence of the fact at issue."

Well at least thats in a court of law,, and not neccesarily the cort of public opinion.

Thats if there is still Laws.

Ok...what is the circumstantial evidence that proves other events that provides a basis for inference???

I would love to hear this.

Sorry but that answer costs about $2,500 dollars an hour,,,

no freebies for u!