3 FAM 4170
ReVIEW of PUBLIC speaking, teaching, writing, AND MEDIA
ENGAGEMENT
(CT:PER-836; 03-27-2017)
(Office of Origin: PA)
3 FAM 4171 APPLICABILITY
(CT:PER-776; 07-27-2015)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. The provisions of this subchapter apply to all
personnel in the United States and abroad who are currently employed (even if
in leave without pay status) by the Department of State and the United States
Agency for International Development (USAID), including but not limited to
Foreign Service (FS) employees, Civil Service (CS) employees (including
schedule C appointees and annuitants returning to work on temporary
appointments on an intermittent basis, commonly referred to as while actually employed
(WAE) personnel), locally employed staff (LE staff), personal service
contractors (PSCs), employees assigned to fellowships or details elsewhere and
detailees or fellows from other entities assigned to the Department,
externs/interns, and special government employees (SGEs) as defined in 18
U.S.C. 202(a) (all together referred to as employees). USAID service
contractors and implementing partners should consult USAIDs Bureau for Legislative
and Public Affairs for applicable guidelines.
b. Former Department of State employees (including
former interns and externs) must seek guidance from A/GIS/IPS for applicable
review process information. Former USAID employees (including former interns
and externs) must consult the Bureau for Legislative and Public Affairs for
applicable review process information.
c. The provisions of this subchapter apply to all
public communications as defined in 3 FAM 4173,
such as speaking, teaching, writing, and press/media engagement, including that
prepared for electronic dissemination in an employees official capacity, or in
an employees personal capacity if on a topic of Departmental concern, as
defined in 3 FAM
4173.
d. The provisions in this subchapter apply to all
non-emergency public communications. During crisis situations, posts should
seek guidance from Washington as the review process may change. See 12 FAH-1 H-400 for
information on crisis communications.
e. Views on matters of Departmental concern
communicated through methods of internal communication (including, for example,
the Departments internal dissent channel) or disclosures made pursuant to 5
U.S.C. 2302(b)(8)(B) are not subject to the review requirements of this
subchapter.
f. Employee testimony, whether in an official capacity
or in a personal capacity on a matter of Departmental concern, may be subject
to the review requirements of this subchapter. Employees should consult with
the Department of States Office of the Legal Adviser or USAIDs Office of the
General Counsel, as appropriate, to determine applicable procedures.
g. USAIDs internal implementation procedures are not
comprehensively discussed in this subchapter. USAID employees should seek
guidance from the Bureau for Legislative and Public Affairs.
3 FAM 4172 AUTHORITIES
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. The provisions of this subchapter are consistent
with and do not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by statute or executive order
relating to:
(1) Classified information;
(2) Communications to Congress;
(3) Reporting to an Inspector General of a violation
of any law, rule, or regulation, or mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to public health or
safety; or
(4) Any other whistleblower protection.
The definitions, requirements, obligations, rights,
sanctions, and liabilities created by controlling executive orders and
statutory provisions are incorporated into this policy and are controlling.
b. These provisions are to be interpreted and applied
consistent with the following authorities (this list is exemplary):
(1) The Constitution of the United States, including
the First Amendment and related jurisprudence;
(2) The Anti-Lobbying Act, 18 U.S.C. 1913;
(3) The Compliance with Procurement Integrity Act, 41
U.S.C. 2101 through 41 U.S.C. 2107;
(4) The Digital Millennium Copyright Act, Public Law
105-304;
(5) The Federal Advisory Committee Act, 5 U.S.C.
Appendix;
(6) The Hatch Act, 5 U.S.C. 7321 through 5 U.S.C. 7326;
(7) The Immigration and Nationality Act, 8 U.S.C. 1101
et seq.;
(8) The Privacy Act, 5 U.S.C. 552a;
(9) Use of the Great Seal and Agency Seals; 18 U.S.C.
713 and 18 U.S.C. 1017;
(10) The Whistleblower Protection Enhancement Act,
Public Law 112-119;
(11) Annual appropriations act restrictions on
publicity and propaganda;
(12) 5 CFR 734, Political Activities of Federal
Employees;
(13) 5 CFR 2635, Standards of Ethical Conduct for
Employees of the Executive Branch;
(14) 22 CFR 172, Service of Process; Production or
Disclosure of Official Information in Response to Court Orders, Subpoenas,
Notices of Depositions, Requests for Admissions, Interrogatories, or Similar
Requests with Demands in Connection with Federal or State Litigation; Expert
Testimony (Touhy Regulations);
(15) Executive Order 13526, Classified National
Security Information, or subsequent, related orders;
(16) Executive Order 13556, Controlled Unclassified
Information;
(17) Executive Order 13721, Developing an Integrated Global Engagement Center To Support Government-wide Counterterrorism
Communications Activities Directed Abroad and
Revoking Executive Order 13584 (March 14,
2016);
(18) Protection of Sensitive Agency Information, OMB
Memorandum M-06-16 (June 23, 2006);
(19) Safeguarding Against and Responding to the Breach
of Personally Identifiable Information, OMB Memorandum M-07-16 (May 22, 2007);
(20) 3 FAM 1210,
Personnel Policy;
(21) 3 FAM 4120,
Employee Responsibilities Abroad;
(22) 3 FAM 4320,
Disciplinary Action - Common Practices;
(23) 5 FAM 460,
Privacy Act Requirements;
(24) 5 FAM 490, Use
of Copyrighted Material;
(25) 5 FAM 700, Internet and Intranet Use;
(26) 12 FAM 540,
Sensitive But Unclassified Information; and
(27) 12 FAM 550,
Security Incident Program.
3 FAM 4173 DEFINITIONS
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
Appearance: Any live or
real-time (even if delayed) presentation of views or ideas, including but not
limited to physical presence before an audience, participation in a text-only
or visual online forum, participation in a press interview (in-person, online,
or over the phone), or teaching.
Department: Both the U.S.
Department of State and USAID, including U.S. and overseas offices, missions,
and/or posts.
Electronic dissemination:
Information disseminated through electronic means, including but not limited to
email distributions, social media, removable media like CD-ROM, or other
technologies.
Employees: Current Foreign Service employees, Civil Service employees (including schedule C
appointees and annuitants returning to work on temporary appointments on an
intermittent basis, commonly referred to as WAE personnel), LE staff, PSCs,
employees assigned to fellowships or details elsewhere and detailees or fellows
from other entities assigned to the Department, externs/interns, SGEs as
defined in 18 U.S.C. 202(a), and any other personnel who are employed by State
or USAID in the United States or abroad.
Final review office: The
office assigned to conduct formal reviews on behalf of the Department, when
required, of a particular employees or offices public communications, as
listed in the chart at 3 FAM 4174.3, paragraph a.
Media engagement: Interviews
or written submissions for newspaper, magazine, TV, radio, documentary, or
other media organizations or products, including online forums.
Media organization: A person
or entity engaged in disseminating information to the general public through a
newspaper, magazine, other publication, radio, television, or other means of
mass communication, including online forums such as blogs.
Of Departmental concern:
Pertaining to current U.S. foreign policy or the Departments mission
(including policies, programs, operations or activities of the Department of
State or USAID), or which reasonably may be expected to affect the foreign
relations of the United States.
Official capacity: Pursuant to
an employees employment responsibilities, or in any capacity representing the
Department, regardless of location or forum.
Personal capacity: Not
pursuant to an employees official capacity, i.e., in his or her capacity as a
private citizen. The content of a personal capacity public communication may
nevertheless be of Departmental concern.
Protected information:
Information protected by law, regulations, privilege, or policy including but
not limited to classified, sensitive but unclassified, nonpublic or controlled
unclassified information.
Public: Non-U.S. Government
audience(s).
Public communication:
Appearances and/or publications for a public audience, including engagement
with press/media organizations.
Publication: Any prepared written
communication presenting views or ideas for public dissemination, including but
not limited to books, articles, papers, text of oral remarks, letters to the
editor, and digital or online posts, including social media.
Publish: To disseminate a publication.
Social media: Digital
technologies, applications and platforms that allow publishing, communication,
and collaboration among individuals and institutions.
3 FAM 4174 GENERAL POLICY AND
PROCEDURES
3 FAM 4174.1 Policy
(CT:PER-776; 07-27-2015)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. The Department encourages employees, in both their
official and personal capacities, to undertake responsible activities,
including public communications, devoted to increasing public study and
understanding of the nations foreign relations.
b. Social media provides an important means for the
Department to fulfill its lead role in the conduct of U.S. foreign policy. The
Department encourages innovative and responsible use of social media by
employees.
3 FAM 4174.2 Overview
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Public communications may be conducted in employees
official capacities, or in their personal capacities. As detailed in this
subchapter, different standards and procedures govern each of these
situations. Online communications such as social media use are not exempted
from those standards and procedures except as described herein.
b. Employees official capacity public communications,
including written submissions to media organizations, interviews with the
media, or other official media appearances must be reviewed and cleared by the
applicable final review office, as defined in 3 FAM 4174.3, paragraph a. However, the final review office,
in its discretion, may issue certain blanket authorizations to engage to
employees, offices, or sections, particularly for social media engagement; see 3 FAM 4175.1, paragraph c.
c. Employees personal capacity public communications
must be reviewed if they are on a topic of Departmental concern (see 3 FAM 4173).
Personal capacity public communications that clearly do not address matters of
Departmental concern need not be submitted for review:
(1) The personal capacity public communications review
requirement is intended to serve three purposes: to determine whether the
communication would disclose classified or other protected information without
authorization; to allow the Department to prepare to handle any potential
ramifications for its mission or employees that could result from the proposed
public communication; or, in rare cases, to identify public communications that
are highly likely to result in serious adverse consequences to the mission or
efficiency of the Department, such that the Secretary or Deputy Secretary must
be afforded the opportunity to decide whether it is necessary to prohibit the
communication (see 3 FAM 4176.4);
and
(2) The purposes of the review are limited to those
described in subparagraph c(1) of this section;
the review is not meant to insulate employees from discipline or other
administrative action related to their communications, or otherwise provide
assurances to employees on matters such as suitability for continued employment
(see, e.g., 3
FAM 4130 for Foreign Service personnel and 5 CFR 731 for Civil Service
personnel). Ultimately, employees remain responsible for their personal
capacity public communications whether or not such communications are on topics
of Departmental concern.
d. No current or former employee is permitted to
publish or otherwise disclose to the public (including by posting to the
Internet or social media) materials that contain classified information.
However, employees may make a protected disclosure of classified information to
the Office of the Special Counsel or the Office of the Inspector General.
e. In addition to complying with the provisions of this
subchapter, employees engaged in public communication must also comply with
applicable laws and regulations, including the Standards of Ethical Conduct for
Employees of the Executive Branch (5 CFR Part 2635) and laws referenced in that
regulation, and other authorities listed in 3 FAM 4172.
3 FAM 4174.3 Final Review Offices
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Where the provisions in this subchapter require
formal review on behalf of the Department for official or personal capacity
public communications, that review will be conducted by the appropriate final review
office listed in the chart below:
|
Agency
|
Employees
|
Final Review Office
|
|
State
|
Employees in the United
States and chiefs of mission
|
Bureau of Public Affairs (PA)*
|
|
State
|
Employees abroad other than chiefs of mission**
|
Chief of mission or designee
|
|
USAID
|
Employees in the United
States
|
USAIDs Bureau for Legislative and Public Affairs (LPA)
|
|
USAID
|
Employees abroad**
|
Chief of mission or designee with concurrence of LPA
|
b. Public communications that are subject to review
must be submitted in advance to the appropriate final review office, in an
editable format. That office will respond as quickly as possible within the
timeframes below if the proposed communication does not involve equities of
another U.S. Government entity (e.g., NSA, NSC, CIA, DoD, etc.). When the
proposed communication must be referred to another U.S. Government entity or
entities for review, additional time may be required to complete the review.
c To ensure that no classified information is
improperly disclosed, an employee must not take any steps to proceed with a
public communication (including making commitments to publishers or other
parties) until he or she receives written notice to proceed from the final review
office, except as described below. If, upon expiration of the relevant
timeframes below, the final review office has not provided an employee with
either a final response or an indication that a public communication involves
equities of another U.S. Government entity (including a list of the entity or
entities with equities), the employee may use, issue, or publish materials on
matters of Departmental concern that have been submitted for review so long as
such materials do not contain information described in 3 FAM 4176.2, paragraph a, and taking into account the
principles in 4176.2(b). When an employee has been informed by the final review
office that his or her public communication involves equities of another U.S.
Government entity or entities, the employee should not proceed without written
notice to proceed from the final review office. Upon the employees request,
the final review office will provide the employee with an update on the status
of the review of his or her public communication, including, if applicable, the
date(s) on which the Department submitted the employees communication to
another entity or entities for review. Ultimately, employees remain
responsible for their personal capacity public communications whether or not
such communications are on topics of Departmental concern:
|
Intended Public Communication*
|
Review Timeframe
|
|
Books, manuscripts, and other publications of considerable
length
|
30 working days
|
|
Articles, papers, and other writings of a highly
specialized nature
|
20 working days
|
|
Other papers or articles, including online publications
|
15 working days
|
|
Notification of a planned speaking engagement or other
appearance
|
8 working days
|
|
Speeches, remarks, talking points, or notes for
appearances
|
5 working days
|
|
Informal blog postings
|
5 working days
|
|
Other social media postings
|
2 working days
|
3 FAM 4175 OFFICIAL CAPACITY PUBLIC
COMMUNICATIONS
3 FAM 4175.1 General
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Official capacity public communication may be
conducted only if approved by the applicable final review office (see 3 FAM 4174.3, paragraph a) pursuant to the provisions of
this subchapter. (For USAID see the Automated Directives System (ADS)).
b. Public communication undertaken as part of an
official Department-approved fellowship or detail on matters of Departmental
concern, including that of employees detailed outside the Department as well as
employees from other agencies detailed to the Department, will be subject to
the official capacity review process.
c. An individual, office and/or section that routinely
conducts official public communication in order to satisfy essential
programmatic responsibilities may be exempted from the review process if
advance blanket authorization to engage has been previously granted by the final
review office. The blanket authorization to engage, once given, allows the
holder to communicate publicly subject to the parameters of the authorization,
and provided that all content conforms to the content rules outlined in 3 FAM 4175.2.
Offices or sections whose employees have been granted blanket authorizations to
engage must develop an internal review mechanism and accountability process for
such content within the office. The final review office will periodically
review previously issued blanket authorizations to engage, and reserves the
right to revoke such an authorization upon determination that revocation is in
the best interest of the Department. Holders of a blanket authorization to
engage may also be disciplined or subject to other administrative action
related to their communications.
d. When engaging in speaking, teaching, or writing as
part of his or her official duties, an employee may not accept compensation for
the activity from any source other than the U.S. Government. See 11 FAM 600.
e. An employee may use his or her official title for
purposes of identification, since the employee will have been authorized to
engage in the activity in an official capacity.
3 FAM 4175.2 Content of Official
Capacity Public Communications
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Official capacity content must:
(1) Be relevant and appropriate, in keeping with
Department messaging, and in line with the communicating employees, offices,
or sections programmatic responsibilities. When relevant, employees should
consult with other interested Department offices, posts, or sections;
(2) Adhere to the content and security policies in 5 FAM 776.3
and 5 FAM 777,
as applicable;
(3) Identify, when using third-party content, if there
is a relationship between the Department and the third party to ensure
transparency; and
(4) When at post, respect host-country laws consistent
with Department policy. Employees are responsible for knowing host country
laws.
b. Content must not:
(1) Be inconsistent with stated U.S. Government
policy, unless clearly contextualized as another entitys view shared in the
interest of educating, informing, or encouraging dialogue about U.S. Government
policies, U.S. principles, or U.S. society;
(2) Comment on matters that are highly sensitive for
the foreign relations or foreign policy goals of the United States, or on
matters for which PA should otherwise be the first to speak for the Department,
unless approved by PA or authorized (in consultation with the Department of
States Office of the Legal Adviser or USAIDs Office of the General Counsel,
as appropriate) by law or regulations;
(3) Be libelous, defamatory, or offensive, including
with regard to representatives of foreign governments, except when the text
reflects an official cleared policy stance;
(4) Contain, or in any way allow the public to access,
classified or other protected information, even if it is already publicly
available due to a previous unauthorized disclosure, including:
(a) Material that the Department believes should be
protected from public disclosure under the Freedom of Information Act (FOIA), 5
U.S.C. 552(b), including internal pre-decisional deliberative material;
(b) Information that reasonably could be expected to
interfere with law enforcement proceedings or operations;
(c) Information pertaining to procurement in violation
of 41 U.S.C. 2101-2107;
(d) Sensitive personally identifiable information as defined
in 5 FAM 795.1, paragraph f; and
(e) Other nonpublic information, when used in a manner
as prohibited by 5 CFR 2635.703.
(5) Promote a personal business or political point of
view; or
(6) Contain a solicitation of any kind, or advertising
on behalf of a non-U.S. Government entity, without advance approval from the
Department of States Office of the Legal Adviser or USAIDs Office of the
General Counsel, as appropriate.
c. Particular guidance for social media content:
(1) The guidelines and restrictions in this subchapter
have been developed to provide greater discretion to employees to post relevant
content to official Department social media sites, and other social media sites
as appropriate, subject to the guidance of their supervisors;
(2) Re-posting or re-using official content from sites
managed by the Department, or other U.S. government agencies where relevant and
consistent with Department messaging, is encouraged. The posting of original
content is also encouraged provided it complies with the requirements outlined
in paragraphs a and b of this section;
(3) Employees may post appropriate third-party content
or links to external sites, social media accounts, or specific pieces of social
media content deemed to be reputable for informational purposes, provided the
content complies with the requirements outlined in paragraphs a and b of this section. Content managers are
responsible for ensuring that use of external links is not biased toward any
one source or publication, and should be careful not to be perceived as
official endorsement or sanction of a commercial enterprise;
(4) When non-U.S. Government links are provided, the
social media profile must include the following information, if possible, and
otherwise a link to a site containing a Terms of Use (see 5 FAM 793.4)
that contains the following information: The links contained herein are for
informational purposes only and do not necessarily reflect the views or
endorsement of the U.S. Government; and
(5) See 5 FAM 794 for
additional guidelines on content record-keeping.
d. Copyrighted materials must be used only in
accordance with current copyright laws, which typically require permission from
the copyright owner. Refer to 5 FAM 490, Use
of Copyrighted Material, for specific policy in this area. Material created by
the Department cannot be copyrighted, and no copyright insignia () or
statement claiming copyright of a purely government work may be used, including
on social media. Employees should also check the terms of the license for any
third party material incorporated into Department material that they wish to
use, to be sure that the use they intend is allowable.
3 FAM 4175.3 Review Process for
Official Appearances and Media Engagement
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. All invitations for official appearances, including speaking, lecturing,
or participating in conferences or media
interviews in an official capacity, must be referred for review to the
appropriate final review office. (See chart at 3 FAM 4174.3, paragraph a.) This should be done as soon as
the invitation is made, even if materials (such as a speech or talking points)
have not yet been prepared. Such materials should be submitted as soon as
possible thereafter, as described in paragraph b of
this section. For employees submitting a request to PA, such requests
should be submitted via the PADataBaseReview. Extremely urgent/immediate requests
may be emailed to PAReviews2@state.gov with a cc to
PASpecialAssistants@state.gov.
b. PA clears all public remarks by senior officials at
the Assistant Secretary-level and above, including chiefs of mission. All
other employees must first submit the text, talking points, interview notes, or
other materials to support the appearance to their immediate supervisors and
any other offices concerned with the subject matter for preliminary review,
editing, and approval. Once those preliminary approvals have been collected,
the materials must be submitted to the final review office, noting all such
clearances, and referencing the final review offices clearance of the
engagement itself, sought per paragraph a of this
section.
c. For informal presentations, professional meetings,
conferences, and panel discussions where, because of the nature of the public
appearance, no prepared script or outline will be available for review, the
speaker is responsible for seeking out and then observing policy limitations
from relevant subject matter offices in order to ensure that his or her remarks
are consistent with U.S. foreign policy and could not reasonably be expected to
interfere with the efficiency or mission of the Department. Further, as
always, the speaker is responsible for ensuring that his or her remarks involve
no violation of security or other dissemination of classified or other
protected information.
d. When participating in an online video or text-based
chat or other engagement conducted over the Internet, employees must adhere to
the same review requirements as for live public appearances.
e. Generally, official statements to the press are made
only by the Secretary; a Deputy Secretary or Under Secretary; ambassadors at
post; the Assistant Secretary for Public Affairs; Department Spokesperson or
Deputy Spokesperson; authorized personnel of the Office of Press Relations; and
other Department officials cleared to deliver such statements by the final review
office. As with other official appearances, drafts of public remarks or
talking points for engagements with the media should be submitted as early as
possible for clearance.
f. While the chief of mission or his or her designee
serves as the final review office at posts, requests for employees abroad to
engage with U.S. domestic media organizations and organizations with
significant U.S. domestic impact, particularly English language outlets, must
also be reviewed by PA. Prior consultation with PA on other important public
statements is also expected.
3 FAM 4175.4 Review Process for
Official Capacity Publications
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. PA clears all official capacity publications by
senior officials at the Assistant Secretary-level and above, including chiefs
of mission. All other employees must first submit the text to their immediate
supervisors and any other offices concerned with the subject matter for
preliminary review, editing, and approval. Once those preliminary approvals
have been collected, the materials must be submitted to the final review office
(as described in 3 FAM 4174.3(a)),
noting all such clearances. The final review office will then make the final
approval determination. For employees submitting a request to PA, such
requests should be submitted via For employees submitting a request to PA, such
requests should be submitted via For employees submitting a request to PA, such
requests should be submitted via the PADataBaseReview. Extremely
urgent/immediate requests may be emailed to PAReviews2@state.gov with a cc to
PASpecialAssistants@state.gov.
b. As described in greater detail in 3 FAM 4175.5,
this process also applies to official social media postings and content
prepared for placement in online forums such as blogs or Internet-based
publications. However, per the guidance described in 3 FAM 4175.1, paragraph c, there may be instances where
advance blanket authorization to engage is granted to individuals, offices, or
sections who routinely communicate with the public on matters of Departmental
concern, particularly through social media.
3 FAM 4175.5 Additional Guidance
on Official Use of Social Media
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
Social media can be an important tool to engage with the
public on matters of concern to the Department:
(1) In light of the rapid pace with which many social
media platforms are used, all offices, sections, or employees who routinely
post to such platforms in their official capacity are encouraged to seek
advance blanket authorization to engage for their social media communications,
in accordance with 3 FAM 4175.1, paragraph c;
(2) All employees, but especially those who routinely
engage in official social media communications, are strongly encouraged to
complete relevant training offered by the Foreign Service Institute, as
coordinated by FSI/SPAS/PD. PA, the Bureau of International Information
Programs, and other bureaus also offer other workshops and professional
development in this area; and
(3) Employees must secure authorization from their
bureau or post to create new official social media sites, accounts, or to
engage in such activities on third-party sites. Offices and bureaus are also
required to register official social media sites in the Departments iMatrix
registry maintained by the Bureau of Information Resources Management (IRM),
with PA and the Bureau of International Information Programs, and to list their
properties on the Social Media Dashboard, as appropriate. USAID missions
abroad must also obtain prior approval from USAIDs LPA before creating or
engaging on new sites. LPA maintains a property inventory of all USAID
properties. For more information on the establishment and maintenance of
official social media platforms and accounts, see 5 FAM 790.
3 FAM 4176 PERSONAL CAPACITY PUBLIC
APPEARANCES AND PUBLICATIONS
3 FAM 4176.1 General
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Employees who, in their personal capacity, wish to
communicate publicly on matters that are clearly not of Departmental concern
(see 3 FAM 4173)
need not seek Department review under the procedures outlined herein, and need
not use the personal capacity disclaimer discussed below in paragraph b of this section. If there is doubt as to the
need to seek review or use a disclaimer, employees should seek guidance from
the appropriate final review office (see 3 FAM 4174.3, paragraph a). Please note that all employee
public communications must comply with the content rules in 3 FAM 4176.2.
b. Unless the appropriate final review office indicates
otherwise, employees who are communicating publicly in their personal capacity
on matters of Departmental concern must include a disclaimer indicating that
the views expressed are their own and not necessarily those of the U.S.
Government. However, such a disclaimer is not required when reposting
previously cleared and publicly disseminated U.S. Government content in a
social media environment. Where such disclaimers are required but difficult to
include (such as in a microblog character-limited format), employees must
include information in their profiles indicating that their views are
personal. In some cases, PA will provide specific disclaimer language as
warranted by the topic or nature of publication.
c. When engaging in personal capacity public
communication, employees may generally not accept compensation if the activity
relates to the employees official duties; see 11 FAM 600. If abroad, see
also 3 FAM 4120,
Employee Responsibilities Abroad.
d. An employee may not improperly use U.S. Government
time or resources for preparing or conducting personal capacity communications;
see 5 FAM 723.
An employee also may not use his or her official title for personal capacity
communications, except as part of a biographical text that includes the
disclaimer discussed in paragraph b of this
section, and provided the reference to the title is not given any
special prominence. Additionally, an employee may not violate other applicable
ethical standards of character, integrity, and conduct, including, for example,
the rules prohibiting the use of public office for private gain and the rules
concerning prohibited political activity.
e. As stated in 3 FAM 4174.2, subparagraph c(1) of this section, the review
process is limited to three purposes; see also 3 FAM 4176.4.
Therefore, completion of the review process is not a Department clearance or
approval of the planned communication, and is not meant to insulate employees
from discipline or other administrative action related to their communications,
including for conducting personal capacity public communications that interfere
with the Departments ability to effectively and efficiently carry out its
mission and responsibilities, by, for example, disrupting operations, impairing
working relationships, or impeding the employee from carrying out his or her
duties. Ultimately, employees remain responsible for their personal
communications whether or not the communications are on topics of Departmental
concern.
3 FAM 4176.2 Content of Personal
Capacity Public Communications
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. When engaging in personal capacity public
communications, employees must not:
(1) Claim to represent the Department or its policies,
or those of the U.S. Government, or use Department or other U.S. Government seals
or logos; or
(2) Disclose, or in any way allow the public to
access, classified information, even if it is already publicly available due to
a previous unauthorized disclosure.
b. As stated in 3 FAM 4174.2, subparagraph c(1) of this section, a purpose
of this review process is to determine whether the communication would disclose
classified or other protected information without authorization. Other
protected information that is or may be subject to public disclosure
restrictions includes, but is not limited to:
(1) Material that meets one or more of the criteria
for exemption from public disclosure under the Freedom of Information Act
(FOIA), 5 U.S.C. 552(b), including internal predecisional deliberative
material;
(2) Information that reasonably could be expected to
interfere with law-enforcement proceedings or operations;
(3) Information pertaining to procurement in violation
of 41 U.S.C. 2101 through 41 U.S.C. 2107;
(4) Sensitive personally identifiable information as
defined in 5
FAM 795.1, paragraph f; or
(5) Other nonpublic information, when used in a manner
as prohibited by 5 CFR 2635.703.
3 FAM 4176.3 Review Process for
Personal Capacity Public Communications
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. PA reviews all personal capacity public
communications on matters of Departmental concern by senior officials at the
Assistant Secretary level and above, including chiefs of mission. For all
other employees wishing to communicate publicly in their personal capacity on
matters of Departmental concern, there are two review processes available:
(1) Individuals may, as a first step, submit their
requests for review to the final review office (as described in 3 FAM 4174.3,
paragraph a). For employees submitting a request to PA, such requests should
be submitted via the PADataBaseReview. Extremely urgent/immediate requests may
be emailed to PAReviews2@state.gov with a cc to PASpecialAssistants@state.gov. The
final review office will then consult with the employees immediate
supervisor(s) and any other offices concerned with the subject matter in
accordance with 3
FAM 4176.4, paragraph c. The final review office will then make the final
determination; and
(2) Alternatively, employees may initially submit
their requests for review to their immediate supervisor(s), the public affairs office
in their bureaus or posts, and any other Department offices concerned with the
subject matter. The materials must then be submitted to the final review office,
noting all such reviewers and any comments received. The final review office
will then verify those reviews, assess whether other reviews are needed, and
make the final determination.
b. Supervisors, public affairs offices, or any other
offices involved in the review process must flag for the final review office
any view that the proposed public communication may:
(1) Contain classified or other protected information;
(2) Result in serious adverse consequences to the efficiency
or mission of the Department; or
(3) Be or become high impact or high profile, for
example communication that is controversial, or otherwise involves a sensitive
Department priority; and
(4) The final review office will then apply the
standard described in 3 FAM 4176.4, paragraph a.
c. In all cases, an employee must disclose his or her
identity to the relevant Department reviewers.
d. If another U.S. Government entity seeks Department
review of a personal capacity public communication by that entitys employee,
the Department office in receipt of such request must coordinate with PA.
3 FAM 4176.4 Final Review Office
Procedures and Standard for Review of Personal Capacity Public Communications
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. A principal goal of the review process for personal
capacity public communications is to ensure that no classified or other
protected information will be disclosed without authorization. In addition,
the final review office will evaluate whether the employees public
communication is highly likely to result in serious adverse consequences to the
efficiency or mission of the Department, such that preventing those
consequences outweighs the employees presumptively high interest in
communicating and the publics interest in receiving the communication. An
assessment of the risk that the views in the communication could be attributed
to the Department despite the employees use of a disclaimer is a significant consideration
in this evaluation, although it is not necessarily determinative. If the final
review office believes that a particular public communication should be
prohibited under this standard, it will refer the decision (via Action
Memorandum) to the Secretary of State or a Deputy Secretary of State for
determination. However, where possible, the final review office will suggest
modifications to the draft communication that, if accepted, would reduce the
risk to the Departments mission or efficiency sufficiently to moot the need to
seek that determination.
b. As stated in 3 FAM 4176.1, paragraph e, employees remain responsible for
the consequences of their personal capacity public communications. To the
extent time and resources allow, reviewers may assist the employee in
identifying possible modifications or other adjustments to avoid the inclusion
of non-classified but otherwise protected information, or the potential for
adverse consequences to the Department's mission or efficiency (including the employee's
ability to perform his or her duties effectively in the future). However, even
if such assistance is provided, completion of the review process is not a
Department clearance or approval of the public communication, and is not
meant to insulate employees from disciplinary or other administrative action
related to their communications, as set out in 3 FAM 4176.1, paragraph e.
c. The final review office will consult with any
office in the Department with equities in the proposed communication during the
course of its review. Final review offices at posts may seek PAs assistance
in coordinating reviews when their employees communications are on topics of
particular concern to another post or bureau in the Department. If the final review
office determines that another U.S. Government entity needs to review the
communication, PA will coordinate that review.
d. No matter the outcome of the review, the Department
may prepare to handle any potential ramifications for its mission or employees
that could result from the proposed public communication.
3 FAM 4176.5 Additional Guidance
on Personal Use of Social Media
(CT:PER-776; 07-27-2015)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
Department employees who access and post entries to
public, Internet-based social media sites in their personal capacity must use a
personal profile registered with a personal email address at those sites,
consistent with general policies on Internet use at 5 FAM 700, as applicable.
3 FAM 4176.6 Review of Materials
Prepared by Special Government Employees
(CT:PER-836; 03-27-2017)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. A special government employee (SGE), as defined in
18 U.S.C. 202(a), is responsible for submitting for review any materials on
matters of Departmental concern prepared in his or her personal capacity only
if they relate to a matter to which the employee currently is assigned or to
which the employee has been assigned during the previous 1-year period of the current assignment.
Whether or not a particular communication is subject to the review process, the
content restrictions found in 3 FAM 4176.2
apply.
b. In some limited circumstances, specially designated
SGE members of high-level advisory boards may be notified in writing, with
concurrence from the Department of States Office of the Legal Adviser and
Undersecretary for Management, that they are exempt from the review
requirements of this section. However, the disclaimer requirement, content
restrictions, and ethics compensation rules remain applicable. SGEs at USAID
should consult LPA for applicable guidelines.
3 FAM 4177 NONCOMPLIANCE
(CT:PER-776; 07-27-2015)
(State/USAID)
(Applies to all Employees in the United States and Abroad)
a. Failure to follow the provisions of this subchapter,
including failure to seek advance reviews where required, may result in
disciplinary or other administrative action up to and including separation.
Violations by USAID employees may be referred to the Deputy Administrator for
Human Resources or USAIDs Office of the Inspector General (see 3 FAM 4320).
Disciplinary action will be pursued consistent with applicable law, including 5
U.S.C. 2302.
b. Publication or dissemination of classified or other
protected information may result in disciplinary action, criminal prosecution
and/or civil liability.
3 FAM 4178 And 4179 UNASSIGNED