"Steve W." wrote in message
...
Ed Huntress wrote:
"Steve W." wrote in message
...
Ignoramus22050 wrote:
Those who accused President Barack Obama of soliticing donations
towards Haiti, but only contributing next to nothing, are now
proven wrong.
``WASHINGTON (AP) President Barack Obama has announced which
groups will get the $1.4 million he received for winning the
Nobel Peace Prize.
Obama said Thursday that $250,000 will go to Fisher House, a
national nonprofit that houses families whose loved ones are
receiving care at Veterans Administration medical centers. He
will give another $200,000 to the Bush-Clinton Haiti Fund to help
the country recover from the earthquake.
The balance will go to an array of other groups including
education foundations, scholarship funds and regional development
groups in Africa and Central Asia.''
Great he is "donating" money that he legally cannot accept anyway.
If he accepted it and kept it he would be in direct violation of
Federal law.
Sort of hard to call it "Charity". More like MAJOR spin control..
-- Steve W.
Do you really know what you're talking about, Steve, or are you
blowing smoke? I just read the Constitutional provision and the
federal statute to be sure, and it sounds to me like you didn't read
the White House press announcement and what it means in context of
the law.
In other words, *you're* the one doing the spinning.
U.S. Constitution: Article 1 Section 9
No Title of Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King,
Prince or foreign State.
In order to deal with the above and allow some gifts to be given without
constant action be Congress they passed the Foreign Gifts and
Decorations act of 1966. It and legislation passed in 1977 were
Congressional items that do allow Federal Officials to accept gifts up
to an amount set by the General Services Administration. The current
amount that is allowed to be kept is $335.00
See the GSA regulations on Federal Management Subchapter B - Part 102-42
Part 102-42-Utilization, Donation, and Disposal of Foreign Gifts and
Decorations
http://www.gsa.gov/Portal/gsa/ep/cha...annelId=-24555
Some of the relevant excerpts below.
§102-42.5-What does this part cover?
This part covers the acceptance and disposition of gifts of more than
minimal value and decorations from foreign governments under 5 U.S.C.
7342. If you receive gifts other than from a foreign government, you
should refer to 102-36.405 of this subchapter B.
§102-42.10-What definitions apply to this part?
The following definitions apply to this part:
"Decoration" means an order, device, medal, badge, insignia, emblem, or
award offered by or received from a foreign government.
"Employee" means:
(((Snipped 1,2 and all after 5)))
(3) An individual employed by or occupying an office or position in the
government of a territory or possession of the United States or the
government of the District of Columbia;
(4) A member of a uniformed service as specified in 10 U.S.C. 101;
(5) The President and the Vice President;
"Foreign government" means:
(1) Any unit of foreign government, including any national, State,
local, and municipal government and their foreign equivalents;
(2) Any international or multinational organization whose membership is
composed of any unit of a foreign government; and
(3) Any agent or representative of any such foreign government unit or
organization while acting as such.
"Gift" means a monetary or non-monetary present (other than a
decoration) offered by or received from a foreign government. A monetary
gift includes anything that may commonly be used in a financial
transaction, such as cash or currency, checks, money orders, bonds,
shares of stock, and other securities and negotiable financial
instruments.
"Minimal value" means a retail value in the United States at the time of
acceptance of $335 or less, except that GSA will adjust the definition
of minimal value in regulations prescribed by the Administrator of
General Services every three years, in consultation with the Secretary
of State, to reflect changes in the consumer price index for the
immediately preceding 3-year period.
§102-42.15-Under what circumstances may an employee retain a foreign
gift or decoration?
Employees, with the approval of their employing agencies, may accept and
retain:
(a) Gifts of minimal value received as souvenirs or marks of courtesy.
When a gift of more than minimal value is accepted, the gift becomes the
property of the U.S. Government, not the employee, and must be reported.
(b) Decorations that have been offered or awarded for outstanding or
unusually meritorious performance. If the employing agency disapproves
retention of the decoration by the employee, the decoration becomes the
property of the U.S. Government.
§102-42.20-What is the typical disposition process for gifts and
decorations that employees are not authorized to retain?
(b) Monetary gifts. When an employee receives a monetary gift above the
minimal value:
(1) The employee must report the gift to his/her employing agency within
60 days after accepting it.
(2) The employing agency must:
(i) Report a monetary gift with possible historic or numismatic (i.e.,
collectible) value to GSA; or
(ii) Deposit a monetary gift that has no historic or numismatic value
with the Department of the Treasury.
§102-42.70-Who handles gifts and decorations received by the President
or Vice President or a member of their family?
The National Archives and Records Administration normally handles gifts
and decorations received by the President and Vice President or a member
of the President's or Vice President's family.
§102-42.125-How is donation of gifts or decorations accomplished?
The State Agencies for Surplus Property (SASP) must initiate the process
on behalf of a prospective donee (e.g., units of State or local
governments and eligible non-profit organizations) by:
(a) Completing a Standard Form (SF) 123, Transfer Order Surplus Personal
Property, and submitting it to General Services Administration, Property
Management Division (FBP), Washington, DC 20406. Conspicuously mark the
SF 123 with the words, "FOREIGN GIFTS AND/OR DECORATIONS."
(b) Attaching an original and two copies of a letter of intent to each
SF 123 submitted to GSA. An authorized representative of the proposed
donee must sign and date the letter, setting forth a detailed plan for
use of the property. The letter of intent must provide the following
information:
(1) Identifying the donee applicant, including its legal name and
complete address, its status as a public agency or as an eligible
nonprofit tax-exempt activity, and the name, title, and telephone number
of its authorized representative;
(2) A description of the gift or decoration requested, including the
gift's commercially appraised value or estimated fair market value if no
commercial appraisal was performed; and
(3) Details on the planned use of the gift or decoration, including
where and how it will be used and how it will be safeguarded.
Basically it says that NO member of government can accept awards or
decorations without approval of the Congress.
Congress has given blanket approval for certain circumstances, Steve. You
quoted the GSA regulations, but those are administrative rules intended to
implement the federal statute, which is he
http://www.law.cornell.edu/uscode/5/...2----000-.html
Note that under section (d) of the statute, it's up to the "employing
agency" whether a decoration of more than minimal value can be accepted. In
this case, that means the President himself. This is acknowledged in the GSA
regulations, as well, in the section titled "Care, Handling, and
Disposition":
http://www.gsa.gov/Portal/gsa/ep/cha...html#wp2017145
As for the money, as John said, it probably never was transferred to the
President himself or actually in his possession.
There also is the question whether this statute and these regulations apply,
because, although the Nobel committee is chosen by the Swedish parliament,
the prize is awarded by the private Nobel Foundation. Unlike committees that
are appointed by Congress in the US, and then disperse government money,
the Nobel Foundation's money comes from the original Nobel will. So that
one would be a tough legal question to answer.
But none of that was the issue. The issue was Wes's and your claim of
"spin." It appears you still may not have read the press announcement from
the White House:
http://www.whitehouse.gov/the-press-...-money-charity
Nowhere does it claim that it was the President's money. All it says is that
it was money that came with the prize and that the President has decided who
it will be donated to. Unless you have some information that he actually
received the money -- that you know what account it went into -- the
question of "spin" is all in your own head. There are no unwarranted claims
in the announcement, and you apparently misunderstand the provisions of the
law for acceptance of the decoration.
snip
So like I said earlier, He cannot accept the money, so instead of
saying, "I cannot accept this money and instead am turning it over to
the U.S. Treasury and requesting that Congress donate it to these
charities that I listed"
Nope. Read it again. The press release didn't say it was "his" money.
If it was, you can be sure that the long knives would be out among the
Republicans, and someone would have filed a complaint with the
GSA and demanded that charges be pressed by the Attorney
General. They wouldn't miss such an easy opportunity to stick their
political knives in.
Now, it's not likely that many members of Congress would have done it,
but we would have heard from some of the operatives.
The story get's spun that HE is donating his money to the charities.
When in reality it is NOT his money.
That's all in your head. Read the press release.
It is actually taxpayer money.
Very unlikely. See above.
Just another of the "Gee look how great this man is" stories.
All in your head. You see everything in terms of how you can cut him down.
There is no objectivity or equanimity in your claims, and you missed some
key
legal issues.
--
Ed Huntress