Attachment_2-SECNAVINST_5720.44c 1 .pdf

SECNAVINST 5720.44C

21 February 2012

DEPARTMENT OF

THE NAVY PUBLIC

AFFAIRS POLICY

AND REGULATIONS

RECORD OF CHANGES

IDENTIFICATION

OF CORRECTION

OR CHANGE

DATE OF CHANGE

DATE OF ENTRY

ENTERED BY

CHINFO OI-8

SECNAV INSTRUCTION 5720.44C

From: Secretary of the Navy

Subj: DEPARTMENT OF THE NAVY PUBLIC AFFAIRS POLICY AND

REGULATIONS

1. Purpose. To provide basic policy and regulations for carrying out the public affairs and internal relations programs of the Department of the Navy. This instruction is a complete revision and should be reviewed in its entirety.

2. Cancellation. SECNAVINST 5720.44B and SECNAVINST 5720.47B.

3. Scope. This instruction is applicable throughout the

Department of the Navy. Procedural guidance on implementing regulations and policy is provided separately in CHINFOINST

5720.8, The Public Affairs Tactics Manual, available via public affairs channels.

4. Administration and Maintenance. The Chief of Information

(CHINFO) is assigned responsibility for the implementation and administration of these regulations and is authorized to issue any subsequent changes. Submit recommendations for changes and improvements, with supporting data, to CHINFO.

5. Records Management. Records created as a result of this instruction, regardless of media and format, shall be managed per Secretary of the Navy Manual 5210.1 of November 2007.

6. Forms. The following forms are available electronically on the Department of Defense (DoD) Forms Management Program Web site at http://www.dtic.mil/whs/directives/infomgt/forms/dd/ddforms2500-

2999.htm.

D E P A R T M E N T O F TH E N A V Y

OF FICE OF THE SECRETARY

1000 N AVY PENTAG ON

WASHINGTON D C 20350 -1000

http://www.dtic.mil/whs/directives/infomgt/forms/dd/ddforms2500-2999.htm http://www.dtic.mil/whs/directives/infomgt/forms/dd/ddforms2500-2999.htm

a. DD 2535 Request for Military Aerial Support.

b. DD 2536 Request for Armed Forces Participation in Public

Events (Non-Aviation).

RAY MABUS

Distribution:

Electronic only, via Department of the Navy Issuances Web site http://doni.daps.dla.mil/ i

DEPARTMENT OF THE NAVY

PUBLIC AFFAIRS POLICY AND REGULATIONS

Table of Contents

References for each chapter are included at the end of the chapter.

Page

CHAPTER 1 – PUBLIC AFFAIRS (PA) FUNDAMENTALS 1-1

0100 PA MANDATE AND AUTHORITY 1-1

1. General 1-1

2. Department of Defense (DoD) 1-1

3. DON 1-2

0101 PA PRINCIPLES 1-2

1. General 1-2

2. Matters of Propriety and Special

Circumstances 1-4

3. DoD Principles of Information 1-4

4. Political Activities and Influences 1-5

0102 PA ORGANIZATION AND CHANNELS OF AUTHORITY 1-8

1. General 1-8

2. Unified Commands and Joint Task Forces 1-8

3. Combined, Allied, and Overseas Channels 1-8

4. DON 1-9

5. CHINFO 1-9

6. Deputy CHINFO for Marine Corps Matters 1-12

7. Navy Component Command, Fleet and Force PA

Coordination 1-12

8. Navy Command-Level PA 1-13

9. Contract PA and Communications Management

Personnel 1-15

10. Protocol Officers 1-16

11. DON Personnel Acting in an Official Capacity 1-16

12. DON Personnel in a Private Capacity 1-16

CHAPTER 2 – INFORMATION RELEASE POLICIES 2-1

0200 PRINCIPLES 2-1

1. Disclosure as Default 2-1

2. Accuracy is a Responsibility and a Requirement 2-1 ii

3. Timeliness is a Responsibility and a Requirement 2-1

4. The Internet is a Powerful Information

Tool 2-1

0201 FOIA 2-2

1. Policy 2-2

2. FOIA Responsibilities 2-2

3. Release of Information Without a FOIA

Request 2-2

4. Keystone of the FOIA 2-2

5. FOIA Exemptions 2-3

6. Further Guidance 2-3

0202 PRIVACY ACT 2-3

1. Background 2-3

2. Privacy Act Exceptions 2-4

0203 THE BALANCING TEST 2-5

1. Background 2-5

2. Considerations 2-6

0204 SECURITY AND POLICY REVIEW 2-8

1. General 2-8

2. Reviews by Releasing Authority 2-8

3. Reviews by Higher Authority 2-8

4. Voluntary Review 2-9

5. Submission Procedures 2-9

0205 SENSITIVE AND CLASSIFIED INFORMATION 2-10

1. Protection of Sensitive and Classified

Information 2-10

2. Release of Sensitive Information 2-10

3. Release of Classified Information 2-10

4. Actions in Case of Inadvertent Disclosure of

Classified Information 2-10

0206 PROTECTION OF CLASSIFIED MATERIAL 2-11

1. Accident on a Military Installation 2-11

2. Accidents Outside Military Jurisdiction 2-11

3. Security Review 2-12 iii

0207 CONTROL OF VIDEO AND PHOTOGRAPHY AT ACCIDENT

SITES 2-14

1. On U.S. Military Installations 2-14

2. Off-base in the United States or Territories 2-15

3. Off-base in a Foreign Country 2-16

4. Confiscation Guidelines 2-16

0208 OPSEC 2-17

1. General 2-17

2. Releasable and Non-Releasable Information 2-17

3. Equipment, Procedures, and Operations 2-18

0209 PERSONS UNDER CONTROL 2-20

0210 MEDICAL MATTERS 2-20

1. General 2-20

2. Health Insurance Portability and

Accountability Act (HIPAA) 2-20

3. Release of Medical Condition 2-20

4. Release Authorization Requirement 2-21

5. HIPAA Non-Applicability 2-21

0211 MILITARY JUSTICE MATTERS 2-22

0212 INVESTIGATIONS 2-22

0213 PROPRIETARY INFORMATION 2-24

0214 CONGRESSIONAL INQUIRIES 2-25

1. General 2-25

2. Authorized Local Response 2-25

3. Response Guidelines 2-25

4. When to Contact CHINFO or OLA 2-25

5. Communication as Private Citizens 2-26

0215 NAVAL NUCLEAR PROPULSION 2-26

1. General 2-26

2. Responsibilities 2-26

0216 NUCLEAR WEAPONS 2-27

1. Security Review 2-27

2. Releasing Authority 2-27

3. Inquiries about the Presence of Nuclear

Weapons 2-27 iv

4. Nuclear Weapons Accidents and Incidents 2-28

0217 THE DON SEAL, THE NAVY EMBLEM, AND OTHER

INDICATORS 2-29

1. Use of the DON Seal 2-29

2. Navy Office of Primary Responsibility 2-29

3. Use of the Navy Emblem 2-30

4. Marine Corps Trademarks 2-30

5. Use of the Marine Corps Seal 2-30

6. Marine Corps Office of Primary

Responsibility 2-30

7. Use of Marine Corps Trademarks 2-30

8. Use of Other Indicators 2-31

9. Required Disclaimer 2-31

0218 WRITING AND SPEAKING FOR COMMERCIAL PURPOSES 2-32

1. Commercial Publication 2-32

2. Commercial Speaking 2-32

3. Compensation 2-33

4. Copyright 2-33

CHAPTER 3 – PUBLIC INFORMATION 3-1

0300 PUBLIC INFORMATION 3-1

1. General 3-1

2. Roles and Responsibilities 3-1

0301 MEDIA RELATIONS 3-4

1. General 3-4

2. Release of Information 3-4

3. Coordination 3-5

4. News Media Representatives (NMRs) 3-5

5. Foreign Media Based in the United States 3-6

0302 MEDIA VISITS 3-6

1. General 3-6

2. Escorts 3-6

3. Media Embarkation in Ships and Aircraft 3-7

4. After Action Reporting 3-8

0303 MEDIA EMBEDDING 3-9

1. General 3-9

2. Access 3-9

3. Ground Rules 3-9 v

4. Security 3-9

5. Logistical Support 3-9

0304 TRANSPORTATION OF NMRs 3-10

0305 THE INTERNET AS A PUBLIC INFORMATION TOOL 3-12

0306 ENTERTAINMENT MEDIA, DOCUMENTARIES, AND OTHER 3-13

EXTERNAL PRODUCTIONS

1. General 3-13

2. Unauthorized Commitments 3-13

3. Production Agreements 3-13

4. Screenings 3-13

5. Support for Local Productions 3-14

6. Participation by Navy and Marine Corps

Personnel 3-14

7. Off-Duty Status as Actors 3-15

8. Commercial Advertising, Publicity, and

Promotional Activities 3-15

0307 USE OF MILITARY UNIFORMS AND INSIGNIA 3-16

CHAPTER 4 – INTERNAL COMMUNICATION 4-1

0400 FUNDAMENTALS 4-1

1. General 4-1

2. Goals 4-1

3. Elements of Effectiveness 4-1

0401 ROLES AND RESPONSIBILITIES 4-2

1. CHINFO and DIRPA 4-2

2. Commanders 4-2

3. Defense Media Activity (DMA) 4-2

CHAPTER 5 – COMMUNITY OUTREACH 5-1

0500 COMMUNITY OUTREACH 5-1

1. General 5-1

2. Objectives 5-1

3. Record Keeping 5-1

0501 PARTICIPATION IN COMMUNITY OUTREACH EVENTS 5-2

1. General 5-2

2. Definitions 5-2 vi

3. Propriety 5-3

4. Criteria 5-4

5. Approval Levels 5-6

6. Fundraising 5-8

7. Political Activity 5-10

8. Presidential Inaugurations and Funerals 5-10

9. Military Funeral Honors 5-10

10. Inaugural Parades and Ceremonies for State

Governors 5-11

11. Color Honor and Color Guards 5-11

12. Parades, Special Motion Picture Showings and Other Public Events 5-12

13. Commercial Entities 5-13

14. Beauty Contests and Fashion Shows 5-13

0502 FISCAL POLICY FOR COMMUNITY OUTREACH 5-13

1. General 5-13

2. Funding for Participation in

Community-Sponsored Activities 5-13

3. Funding for Command-Sponsored Activities 5-14

4. Disasters 5-14

5. Interagency Events 5-15

6. Presidential Authorization 5-15

7. Gifts 5-15

8. ORF 5-16

9. Overseas Navy Relations (ONR) Program Funds 5-16

0503 SPEAKING PROGRAMS 5-17

1. Speeches 5-17

2. Speakers Bureaus 5-19

0504 USE OF NAVY AND MARINE CORPS FACILITIES OR

MATERIAL 5-19

0505 RELATIONS WITH COMMUNITY, PROFESSIONAL, AND

SPECIAL INTEREST GROUPS 5-21

1. General 5-21

2. National Organizations 5-22

3. Innovative Readiness Training (IRT) 5-23

0506 INTERACTION WITH STATE AND LOCAL GOVERNMENTS 5-23

1. General 5-23

2. Response Requiring Advanced Coordination 5-23 vii

3. Political Activity, Campaigns, and Election

Year Guidance 5-23

0507 PUBLIC TOURS, GUEST EMBARKS, AND VISITATION 5-25

1. General 5-25

2. Definitions and Basic Information 5-25

3. Basic Guidance for Public Visitation and

Tours of Ships 5-26

4. Coordination and Approval Authorities for

Visits and Embarkations 5-28

5. Necessary Information for Embark

Participants 5-29

6. General Policy pertaining to Civilian

Guest Embarkations 5-30

7. Joint Civilian Orientation Conference (JCOC) 5-32

0508 NAVAL AERIAL EVENTS 5-33

1. General 5-33

2. Requests for Military Aerial Support 5-33

3. Flyovers 5-34

4. Missing Man Formations 5-34

5. Static Displays 5-35

6. Naval Flight Demonstration Squadron

(Blue Angels) 5-35

7. Single Aircraft TACDEMOS 5-35

8. Aerial Reviews 5-35

9. Aerial Events on DoD Installations 5-35

10. U.S. Navy Parachute Team (Leap Frogs) 5-36

11. Additional Guidance 5-36

0509 NATIONAL AND TRADITIONAL OBSERVANCES 5-37

1. General 5-37

2. Joint Coordination 5-37

3. Authority to Participate 5-37

4. Armed Forces Day 5-38

5. Memorial Day, Independence Day and Veterans Day 5-38

6. Navy Birthday and Marine Corps Birthday 5-38

0510 NAVY AND MARINE CORPS EXHIBITS 5-38

1. General 5-38

2. Policy 5-38

3. Effective Use 5-39

4. Recruiting Considerations 5-39 viii

5. Exhibits in the National or International

Domain 5-40

6. Use of Exhibits at Screenings 5-40

7. Duration of Exhibits 5-40

0511 NAVAL MUSIC PROGRAM 5-41

1. Guidance and Restrictions 5-41

2. Requests 5-43

3. Coordination 5-43

0512 ENVIRONMENTAL PA 5-44

1. Policy 5-44

2. Fundamentals 5-44

3. Objectives 5-45

4. Background 5-45

5. PA Responsibilities 5-46

6. Environmental Planning 5-48

7. Navy Installation Restoration (IR) -

Required Community Outreach Plan 5-48

CHAPTER 6 – VISUAL INFORMATION AND COMBAT CAMERA 6-1

0600 VISUAL INFORMATION AND COMBAT CAMERA 6-1

1. Background 6-1

2. Definitions 6-1

3. Visual Information Record Identification

Number (VIRIN) 6-1

4. Prohibition on Alteration and Manipulation of Official Imagery 6-2

5. Forwarding Imagery 6-2

6. COMCAM 6-3

7. Additional Policy Guidance 6-3

CHAPTER 7 – USE OF THE INTERNET 7-1

0700 BACKGROUND, AUTHORITY AND RESPONSIBILITIES 7-1

1. Background 7-1

2. Authority 7-1

3. Guidance 7-2

4. Roles and Responsibilities 7-2

0701 DEFINITIONS 7-5

ix

0702 PUBLICLY ACCESSIBLE WORLD WIDE WEB SITES 7-8

1. Authority 7-8

2. Administration of Web sites 7-9

3. Content 7-15

4. Surveys 7-17

5. Public Inquiries Via E-mail 7-18

6. Interactivity 7-18

0703 INTERNET-BASED CAPABILITIES 7-18

1. Background 7-18

2. Guidance 7-19

3. EOP 7-19

4. Official Posts to Web Logs and Social

Media Sites 7-21

5. Personal Posts to Web Logs and Social

Media Sites 7-22

CHAPTER 8 – COMMUNICATION PRODUCTS 8-1

0800 ROLES AND RESPONSIBILITIES 8-1

1. General 8-1

2. Required Communication Products 8-1

0801 COMMAND NEWSPAPERS 8-2

1. General 8-2

2. Types 8-2

3. Authorization to Publish 8-2

4. Contracting for Printing 8-3

5. Procedures and Editorial Policy 8-8

6. Distribution 8-12

7. Measuring Effectiveness 8-13

8. Web-based Newspapers 8-13

9. News Bulletins and Summaries 8-13

0802 OTHER PRODUCTS 8-13

1. Base Guides, Directories, and Installation

Maps 8-13

2. Welcome Aboard Pamphlets 8-14

3. Commemorations of Command Activity 8-14

4. Magazines 8-14

1-1

CHAPTER 1 : PUBLIC AFFAIRS (PA) FUNDAMENTALS

0100 PA MANDATE AND AUTHORITY

1. General. The United States faces broad and complex challenges to national security, which depends on the successful ability to prevent war, deter attacks, and respond to aggression. An important aspect of achieving success in these endeavors is the ability to communicate effectively with the

U.S. public and the international audience, which includes foreign leadership, host-nation populations, and actual and potential adversaries. In the U.S. republic, public servants are obliged to inform the citizens about the full scope of governmental activity, consistent with national security and privacy concerns. In addition, it is in the national interest to discuss and provide context about actions and intentions with international audiences. The intent of Department of Navy (DON) public affairs (PA) is to provide strategic counsel, contribute to operational planning, and execute communication activities in support of national objectives, joint combat operations and the naval mission. DON PA will not only provide routine accurate, truthful and timely information to the domestic and international audiences in peacetime, but it also will be a critical supporter of the joint war fighter in all phases of the warfare spectrum. From training and exercises, to presence, deterrence operations and war fighting, DON leaders and commanders will recognize PA as an essential component of mission accomplishment.

2. Department of Defense (DoD). DoD Instruction 5400.13 of 15

October 2008, and Joint Publication (JP) 3-61 dictate that PA policy applies to all levels of command and to all DoD employees, and that the authority for PA activities comes directly from the Secretary of Defense (SECDEF). DoD directives and doctrine mandate that:

a. Accurate, truthful and timely information will be made available to the public, the Congress and the news media to help in the analysis and understanding of defense strategy and national security issues.

1-2

b. Commanders and heads of the DoD components involved in joint, combined, and unilateral military operations will plan for, resource, and conduct PA activities to support such missions.

3. DON. PA is a function of command in DON. DON will implement and follow DoD policies. Therefore, DoD PA policy applies to all levels of DON and to all DON employees. The authority for appropriate DON PA activities comes directly from the Secretary of the Navy (SECNAV), as specified in United

States Navy Regulations, chapter 3, section 2, paragraph 0311;

published at chapter VI, subchapter A, part 700.311 of title 32.

Navy and Marine Corps leaders are responsible for providing timely and accurate information to the public about Navy and

Marine Corps activities. This responsibility to the public complements their responsibility to provide confidential professional military advice to the national authorities in support of the Constitution.

0101 PA PRINCIPLES

1. General. PA principles include accountability to the public, full disclosure and expeditious release of information, alignment, and professional ethics.

a. Full Disclosure. For a government founded on the principle of an empowered public, the default position on decisions about releasing information is full and prompt disclosure. Withholding information must be the exception and justified for specific and legally defensible reasons.

Potential embarrassment is not a justification to withhold information.

b. Expeditious Release. Information will be released as expeditiously as practical and from the lowest possible level, consistent with release policies and required reviews. (See chapter 2.) All DON members are communicators and must commit to full and expeditious release of information appropriate to their level. Delay in the release of information can damage

DON’s reputation and cast public doubt on its capabilities or motives.

c. Ethics. Ethics are the rules or standards governing the conduct of a person, organization, or the members of a

1-3 profession. DON holds itself to a high ethical standard and adheres to DoD’s Principles of Information. (See article

0101.3.) In its dealings with the public, DON must adhere rigorously to such a standard because a loss of public confidence can undermine DON's ability to complete its mission on all levels. Thus, the loss of confidence can have negative consequences on war fighting capability.

(1) Ethics Roles. Public affairs officers (PAOs) should be a major element of maintaining public confidence by serving in the following roles:

(a) Advise commanders on effective communication with the public.

(b) Visibly represent the command and the Department as appropriate.

(c) Evaluate the effectiveness of the activity's public communication programs.

(d) Serve as an ethical and common sense watchdog by viewing and reviewing command activities from the perspective of members of the general public.

(e) Act as an activity liaison with public entities to create and maintain mutual understanding and confidence.

(2) Ethics Breaches. An activity will quickly lose public confidence if it:

(a) Lies.

(b) Unnecessarily delays responses to queries from the public and the news media.

(c) Gives preferential treatment to specific media, community groups or individuals, except as provided by higher guidance.

(d) Creates public expectations far beyond its capacity to accomplish.

(e) Purposely fails to communicate with the public.

1-4

d. PA Versus ―Press Agentry.‖ Used in Federal, State and local governments, the terms ―PA‖ and ―public information‖ resulted from the 1913 Gillett Amendment to an appropriation bill in the House of Representatives. The Amendment stated that no money be spent for publicity (i.e., press agentry) unless specifically authorized by Congress. This was reaffirmed in

Public Law 92-35 1, section 608(a), enacted 13 July 1972. This law expressly prohibits government spending on ―publicity or propaganda purposes designed to support or defeat legislation pending before the Congress.‖ A recurring provision in the yearly Defense Appropriations Act prohibits the use of any appropriated funds for these publicity purposes. Therefore, ―PA‖ and ―public information‖ are used to describe the government function of building and maintaining relationships with the constituent groups served. DON PA efforts – as practiced by DON

PA personnel (i.e., any officer, enlisted person, or civilian employed in the DON PA community) - focus on the dissemination of factual information to the constituencies to permit them to develop informed viewpoints of the Department and its components. DON PA, and other government agencies, is prohibited – legally and ethically – from using disingenuous, dishonest, and undue influence to try to form opinions.

2. Matters of Propriety and Special Circumstances. No PA activity is permitted that would conflict with standards of conduct and government ethics. Essentially, this prohibits any activity that would:

a. Interfere with, or is not compatible with, the performance of official government duties;

b. May reasonably be expected to bring discredit on the government, DON, the Navy or Marine Corps;

c. Place government decision-making outside official channels; and

d. Be otherwise inconsistent with the standards of conduct and government ethics, including behavior that creates an actual or appearance of a conflict of interests.

3. DoD Principles of Information. It is DoD policy to make available timely and accurate information so that the public, the Congress, and the news media may assess and understand the

1-5 facts about national security and defense strategy. Requests for information from organizations and private citizens shall be answered quickly. In carrying out that DoD policy, the following principles of information shall apply:

a. Information shall be made fully and readily available, consistent with statutory requirements, unless its release is precluded by national security constraints or valid statutory mandates or exceptions. The Freedom of Information Act (FOIA) will be supported in both letter and spirit.

b. A free flow of general and military information shall be made available, without censorship or propaganda, to the men and women of the Armed Forces and their dependents.

c. Information will not be classified or otherwise withheld to protect the U.S. Government from criticism or embarrassment.

d. Information shall be withheld when disclosure would adversely affect national security, threaten the safety or privacy of U.S. Government personnel or their families, violate the privacy of the citizens of the United States, or be contrary to law.

e. DoD’s obligation to provide the public with information on DoD major programs may require detailed PA planning and coordination in DoD and with the other government agencies.

Such activity is to expedite the flow of information to the public; propaganda has no place in DoD PA programs.

4. Political Activities and Influences

a. Commands. As a matter of law, commands must scrupulously avoid any action, or appearance thereof, that attempts to influence contact with elected officials by any citizens or groups, including the internal DON audiences. The

U.S. Armed Forces must refrain from any activity or association that could be interpreted as linking the Services with political causes, candidates or organizations. For detailed information, see DoD 5500.07-R, Joint Ethics Regulation, of 1 August 1993, and legal counsel.

b. Personnel Acting in an Official Capacity. As a matter of long-standing policy, DoD members acting in their official

1-6 capacity may not engage in activities that associate DoD with any partisan political campaign or election, candidate, cause or issue.

(1) Employees – military and civilian – of the Executive

Department and agencies (i.e., ―Federal agencies"), in their official capacities, are prohibited contact between a campaign organization and DoD (except as necessary in connection with scheduling, advance, logistics, security and legal compliance matters) without the prior written approval of the Counsel to the President. This restriction applies even if the contact is otherwise permissible by law and agency policy. This restriction, however, would not apply to a contact from a campaign organization seeking from a Federal agency (or a

Federal agency providing to the campaign organization) information that the Federal agency makes available to members of the public on request as permitted by law and agency policy.

This restriction would also not apply to a contact from a candidate’s legislative office that relates to official business. Such contacts should be handled in the same manner as any request from a legislative office.

(2) This policy is not intended to prevent social or personal contacts between Federal employees in their private capacities and any acquaintances who happen to be campaign organization personnel, nor is it designed to prevent Federal employees from engaging in political activities in a private capacity to the extent that such activities are otherwise permitted by law and agency policy.

c. Personnel Acting in a Personal Capacity. While the

Hatch Act (sections 7321 through 7326 of title 5, United States

Code (U.S.C.)) allows most Federal employees to actively participate in political activities on their own time and outside of the Federal workplace, there are significant restrictions on fundraising, running for office in partisan elections, and using one’s official authority or influence to interfere with or affect the result of an election.

(1) Career members of the Senior Executive Service (SES) and members of certain intelligence organizations are subject to additional restrictions. Permitted political activities for

Senate-confirmed Presidential appointees and non-career SES employees are further restricted. Deputy Secretary of Defense’s

1-7 memo, ―Civilian Employees’ Participation in Political

Activities,‖ of 14 November 2007 provides an excellent discussion of the permitted and prohibited political activities for the various classes of civilian employees.

(2) Per DoD Directive 1344.10 of 19 February 2008, members of the Armed Forces who are on active duty are permitted to express their personal opinions on political candidates, sign petitions to place a candidate’s name on the ballot and attend a political event as a spectator, provided they are not in uniform. They, however, may not participate in partisan political activities, e.g., solicit or engage in partisan fundraising activities, serve as the sponsor of a partisan club or speak before a partisan gathering.

d. Gifts and Attendance the National Party Conventions.

Federal employees may not accept a gift, as defined in section

2635.203(d) of title 5, Code of Federal Regulations (CFR), from a prohibited source or a gift that is given because of the employee’s official position unless an exception applies.

Attendance at convention activities is subject to the Hatch Act and other Federal laws and regulations governing the political activities of Federal employees. Employees permitted to attend a convention or participate in a convention must use personal leave or vacation time to do so, or otherwise comply with the

Hatch Act and applicable regulations.

(1) As a matter of DoD policy, career SES officials and employees of National Security Agency, Defense Intelligence

Agency, and National Geospatial Intelligence Agency may attend a political convention, caucus, or rally as a spectator, but are prohibited from serving as delegates, alternates, or proxies to a political convention or addressing a political convention, caucus, or rally.

(2) Presidential appointees (PAS) (appointed by the

President with the advice and consent of the Senate) and non-career SES officials are subject to the same restrictions, however, PAS officials are further prohibited from attending a

Presidential Nominating Convention.

e. Questions About Permissible Activities. DON employees who have questions concerning the scope of permissible political

1-8 activities are encouraged to consult with their supporting judge advocate or office of general counsel attorney before engaging in such activity.

f. PA Personnel. In addition to the above laws governing the political activities of Service members and Federal

Government civilians, DON PA professionals are all official spokespersons, regardless of whether or not currently in a traditional media relations assignment. PA professionals represent the U.S. Navy, U.S. Marine Corps (USMC), and the U.S.

military at all times - even when not in uniform or not "on the job.‖ Because of this, DON PA professionals must adhere to a higher standard of discretion in expressing publicly any views on politics, parties and candidates. For further guidance, see

CHINFOINST 5720.8, The Public Affairs Tactics Manual (NOTAL).

0102 PA ORGANIZATION AND CHANNELS OF AUTHORITY

1. General. The PA organization within DON is designed to provide maximum flow of factual information to the people of the

United States with minimum delay, subject only to operational security, statutory limitations and the safety of personnel.

U.S. national policy is multifaceted and a number of agencies execute portions of that policy. This gives rise to multiple channels of authority within government.

2. Unified Commands and Joint Task Forces. These commands issue PA and visual information (VI) and combat camera (COMCAM) policy, guidance, procedures and operational tasking to assigned

Service component commanders and forces.

3. Combined, Allied, and Overseas Channels. Special considerations in combined and overseas operations require adherence to requirements that may differ considerably from this instruction. International agreements between member nations of a combined command govern the conduct of PA in matters not considered a national prerogative.

a. Multiple Chains of Authority. It is possible that a command may be subject concurrently to the PA direction of this instruction, additional guidance by the Chief of Information

(CHINFO) or the Director of PA (DIRPA), the immediate superior in the administrative chain (e.g., the type commander), the operational commander in the North Atlantic Treaty Organization

1-9 or combined task force organization, and the applicable U.S.

Embassy and Country Team. The PAO shall determine the impact of a particular decision in light of multiple chains of authority and keep all informed.

b. U.S. Embassy and Country Team. Every U.S. Embassy has a

Country Team composed of representatives of the Defense Attaché

Office, State Department PA Office, and the Press Attaché. The

Press Attaché representative normally heads the PA section of the embassy or consulate. The Country Team oversees PA programs implemented by any agency of the U.S. Government within that country. In some countries, information guidance is contained in a document known as the Country Plan. Among the goals and procedures outlined in the plan are broad U.S. policy objectives for that country and coordination procedures for routine and emergency actions. Unified commands usually take the lead in coordinating PA matters with Country Teams, or will specifically delegate this responsibility in certain cases to component commands.

4. DON. SECNAV is responsible for establishing DON PA policy and directing its implementation. The Secretary monitors and controls Navy and Marine Corps relations with the Congress, the

Office of the Secretary of Defense (OSD), other principal government officials and the public. Implementation of SECNAV’s policies is the responsibility of the Chief of Naval Operations

(CNO), the Commandant of the Marine Corps (CMC) and other senior commanders who report directly to the Secretary.

5. CHINFO. CHINFO is assigned as a direct report to SECNAV.

As SECNAV’s direct representative for PA, CHINFO is delegated the responsibility for coordinating, planning, and implementing

PA policies and programs of the Department. This includes exercising command of CHINFO field activities and providing direction to PA programs throughout DON. CHINFO is assigned additional duty to the CNO and is designated Special Assistant for PA Support (OPNAV (N09C)). As N09C, CHINFO advises and assists the CNO in the conduct of U.S. Navy service internal information and community relations programs, implements CNO responsibility for the SECNAV PA and VI policy and directives, issues guidance on the implementation of PA, VI and COMCAM

1-10 programs to subordinate commanders, provides subject matter expertise on PA and VI capabilities and requirements, and serves as warfare sponsor for Navy COMCAM.

a. Functionally, CHINFO:

(1) Acts as DON public spokesperson for the U.S. Navy in coordination with the Marine Corps DIRPA, who serves as the

Deputy Chief of Information for Marine Corps Matters.

(2) Advises SECNAV and CNO on matters of policy; the public’s understanding of the Navy and Marine Corps team;

methods of information dissemination; means to increase public awareness; and PA aspects of operations, Navy activities, and public events or incidents.

(3) Coordinates, evaluates and forwards to the Office of the Assistant Secretary of Defense (PA) [OASD(PA)] information of national or international interest concerning the DON for public release.

(4) Originates and disseminates information on developments within the Navy.

(5) Provides community outreach and internal information program policy guidance.

(6) Develops DON policy proposals on requirements and applications of audiovisual resources and products for PA purposes.

(7) Advises the Chief of Naval Personnel on the procurement, training, and assignment of Navy officers and enlisted PA personnel.

(8) Acts as community leader and program or rating sponsor for the Active and Reserve components of special duty PA officers (165X), photographic limited duty officers (647X), mass communication specialists (MC) and civilian personnel in the media and PA series.

(9) Advises the Commander, Navy Recruiting Command

(COMNAVCRUITCOM), on ―creative‖ material (print, direct mail, radio, and television) produced by or for COMNAVCRUITCOM and

1-11 intended for distribution publicly (as with direct mail) or through media (on either a paid or ―public service‖ basis).

b. To accomplish the PA mission in an efficient and cost-effective manner, CHINFO must communicate at the regional as well as national level with local and regional news media; local governmental leaders; key community leaders; key educators; and local and or regional business leadership. Through its field activities, CHINFO is responsible for Navy reputation management including national image and branding efforts by bringing the

Navy message directly to the American public.

(1) Navy Office of Community Outreach (NAVCO). NAVCO is

CHINFO’s national community outreach field activity. It serves as the central point of coordination for Navy community outreach programs throughout the continental United States with the exception of fleet concentration areas and the Los Angeles and

New York metropolitan areas. The goal of this coordination is to conduct and align national Navy image, awareness and branding efforts by coordinating existing assets for maximum community-relations impact.

(2) Navy Public Affairs Support Element (NPASE). NPASE consists of teams of PAOs, photographic officers and enlisted mass communication specialists who promote support for the Navy by releasing timely news and imagery highlighting the accomplishments and achievements of Navy units and Sailors.

(3) Navy Office of Information East (NAVINFO East).

NAVINFO East serves as a Navy contact for book authors requesting Navy support. It establishes and maintains professional relationships with local, regional and national media in the New York City tri-state area; maintains liaison with local, national, Federal and military organizations assisting with media and community outreach events in the New

York area.

(4) Navy Office of Information West (NAVINFO West).

NAVINFO West maintains liaison with the major film, television and documentary production companies both throughout Los Angeles and worldwide to assist with requests for Navy support. NAVINFO

West provides guidance during all phases of production as well as in all phases of the creative process in order to develop an authentic, accurate and supportable project.

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6. Deputy CHINFO for Marine Corps Matters. Chapter 6, part

700, subpart C, section 700-334 of title 32, CFR, designates

DIRPA as Deputy CHINFO for Marine Corps Matters. DIRPA may report directly to SECNAV on matters pertaining solely to the

Marine Corps, but must inform CHINFO promptly regarding the substance of all independent contact with the Secretary. DIRPA has direct responsibility to the CMC for development planning and implementation of PA programs within the Marine Corps.

Deputy CHINFO for Marine Corps Matters shall:

a. Advise CMC on matters of policy relating to public understanding and support of the Marine Corps, policies and methods of public information and the dissemination of news, and

PA aspects of operations and activities.

b. Coordinate PA programs and activities of Marine Corps-wide impact; evaluate and coordinate with CHINFO and OASD(PA);

release and disseminate information of international, national or regional interest about the Marine Corps; inform the Marine

Corps internal audience of current Marine Corps policies and programs; coordinate material for public release for security review and clearance.

c. Maintain open channels of communication to inform the public about the Marine Corps and gain understanding and support, provide policy assistance and advice to the senior

Marine Corps representative at the Defense Information School and, in cooperation with CHINFO, exercise policy guidance concerning Marine Corps news material released through the Fleet

Home Town News Program.

7. Navy Component Command, Fleet and Force PA Coordination. In view of the fundamental premise that PA responsibility is one of command, the conduct of PA down through the chain within the naval establishment generally divides into two channels of authority: the operational and the administrative. Matters falling under the cognizance of an operational commander vary widely, from media queries about force employment to U.S. or overseas community outreach to planning for operations and exercises. Equally diverse are those PA matters falling under the cognizance of an administrative commander. For example, the surface force commander may be tasked to exercise authority in matters such as press inquiries concerning the cost of a regular overhaul of a destroyer or a personnel casualty aboard a non-

1-13 deployed unit within the force. It will often be necessary for an individual unit commander to coordinate a PA matter with both operational and administrative superiors in the chain of command.

8. Navy Command-Level PA. Subject to the direction of senior authority, each officer who exercises command authority is responsible for the conduct of PA, which includes internal information, public information, community outreach, and planning within that command.

a. Commanders

(1) Are responsible for the PA program at their command.

(2) Will ensure the dissemination of accurate and timely information with appropriate consideration for security, accuracy, and propriety, adhering to the principle of ―maximum disclosure, minimum delay."

(3) Will give the PAO direct access to all policy makers and other relevant senior officers, and include the PAO in all operational planning.

(4) Can delegate release authority for the command to the command PAO, who will release information to the public or the news media in response to the specific situation such as routine inquiry, media embark, emergency, or contingency operations.

(5) Should pursue regular encounters with the media and will make staff available to support media requests. This is especially relevant during military operations and exercises.

(6) Within the parameters of the command anti-terrorism and force protection posture, will allow credentialed journalists access to their command (with command escort as feasible) and not interfere with the reporting process.

Journalists should be permitted open access to unclassified aspects of military vehicles, locations, personnel, aircraft, and vessels, except where restricted by law, security classification, or privacy statutes.

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(7) Will provide or support transportation for journalists when necessary and per DoD regulations (see chapter

3, section 0305).

(8) Will not use or allow disinformation activities or deception operations intended to misinform, deny releasable information to or mislead the U.S. public, the government, or the U.S. and international media. This includes disinforming the media about military capabilities and intentions in ways that could influence U.S. decision makers and public opinion.

(9) Should not assign to PA personnel collateral duties that have the potential to conflict or impede with their primary responsibility as command spokespersons. For example, assigning a PA person as the investigating officer in a mishap or incident with the potential for media interest would place them in a compromising position and disqualify them from being the command spokesperson or handling public and media inquiries.

(10) Shall ensure their PA personnel receive periodic training in the performance of PA functions, the Freedom of

Information Act and the Privacy Act.

b. PAOs

(1) Are responsible for the successful execution of the

PA mission in support of the commander’s communication objectives.

(2) Will facilitate open, timely and uninhibited access to public information, except where restricted by law, security classification, or privacy statutes. When so restricted, will seek unrestricted information that may meet news media needs.

(3) Will communicate information about Navy and Marine

Corps programs, activities, missions, and responsibilities to both external and internal U.S. audiences, as well as international and host-nation populations.

(4) Will protect the privacy of those who use or request information, as well as those about whom information exists in government records.

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(5) Will act as liaisons but not interfere with the reporting process (except to correct inaccuracies); expedite the flow of information through the civilian and military news media to both external and internal U.S. audiences and international audiences; and work to ensure accurate media coverage by encouraging media understanding of both facts and context.

(6) Will advise the commander on all relevant PA matters that may impact the command. This requires a broad knowledge of the naval services, in-depth awareness of operations, and the ability to project the potential impact of proposed actions on internal and external publics.

(7) Will communicate with other military and civilian

PAOs as appropriate for coordination or mutual assistance.

(8) Will inform the immediate next senior PAO in the operational chain of command about items with national or international media interest; those with local media interest when expected to reach the attention of flag or general officers; and those involving real, perceived, or anticipated security breeches, unless specifically directed otherwise by the commander.

(9) Will promote positive relations between the command and local communities.

(10) Will participate in all phases of operational planning to ensure PA and VI requirements are considered and resourced.

9. Contract PA and Communications Management Personnel

a. Are not authorized to act as official Navy or Marine

Corps spokespersons, including being interviewed as subject matter experts.

b. Are not authorized to serve as approval authorities for the release of information, such as press releases, articles, videos, photos or any content published to a publicly available

Web site. Only a government employee can be the approval authority for public release of information.

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10. Protocol Officers. The protocol function is not a core capability of PA personnel. Frequently, the need occurs to accommodate news media or the general public simultaneously with distinguished visitors. The requirements of such visits can be significantly different, and these functions should be separate unless extraordinary circumstances dictate otherwise.

11. DON Personnel Acting in an Official Capacity. The official duties of many DON personnel require them to provide information and agency records to members of the public. Nothing in this instruction should be construed to limit their authority to do so consistent with those duties. DON personnel whose duties require interaction with the public should be sensitive to the functions performed by PA personnel and bring matters that may have PA implications to their attention as they learn of them.

DON personnel whose official duties do not include providing information or records to the public should refer all requests for information to the appropriate public affairs or FOIA authorities.

12. DON Personnel in a Private Capacity. DON personnel who are acting in a private capacity can positively multiply public information efforts under certain limited circumstances when acting with forethought. They have the First Amendment right to release unclassified information publicly through non-DoD forums or media provided that no laws or regulations are violated.

Some of the applicable laws and regulations are:

a. Uniform Code of Military Justice.

b. Joint Ethics Regulation, notably the provision that preparation activities are not conducted during normal duty hours or using DoD facilities, property, or personnel except as authorized. (See DoD 5500.07R of 1 August 1993.)

References:

For all DoD Issuances, please see http://www.dtic.mil/whs/directives/index.html

JP 3-61, Doctrine for PA in Joint Operations

32 CFR 700.102

http://www.dtic.mil/whs/directives/index.html

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DoD Directive 1344.10 of 19 February 2008

DoD Directive 5122.05 of 5 September 2008

DoD Directive 5400.07 of 2 January 2008

DoD Instruction 5400.13 of 15 October 2008

DoD Instruction 5400.14 of 22 January 1996

DoD 5500.07-R, The Joint Ethics Regulation, 1 August 1993

For all SECNAV and OPNAV instructions, please see the Department of the Navy Issuances Web site at http://doni.daps.dla.mil/

SECNAVINST 5720.42F

CHINFO Memo 5700 Ser 00/487, 08 October 2004, Contracted Public

Affairs Services and Support Review (NOTAL)

CHINFO Memo for the Secretary of the Navy, 11 February 2004, Contracted Public Affairs Services and Support Review (NOTAL)

The Ethics Compass, http://ethics.navy.mil http://ethics.navy.mil/

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CHAPTER 2 : INFORMATION RELEASE POLICIES AND GUIDANCE

0200 PRINCIPLES

1. Disclosure as Default. Information about DON and its components will be made fully and readily available, consistent with statutory requirements, unless its release is precluded by current and valid security classifications, privacy regulations or business proprietary guidelines. Requests for information from organizations and private citizens will be answered quickly and accurately. Information will be made available without censorship or propaganda and will not be classified or otherwise withheld to protect the government from criticism or embarrassment, when the information itself is unclassified. The

Freedom of Information Act (FOIA) and the Privacy Act, which are discussed in articles 0201 and 0202 of this chapter, will be supported in both letter and spirit.

2. Accuracy is a Responsibility and a Requirement. Distorting the facts or publishing inaccurate information creates a sense of mistrust with both the DON internal and external audiences and damages DON credibility with the media and with the public at large. As such, distorting facts and or disseminating inaccurate information is prohibited

3. Timeliness is a Responsibility and a Requirement. Every effort will be made to have maximum disclosure with minimum delay. In the instance of accidents or incidents that require an operational report (OPREP), the PAO will submit a proposed news release to the designated PA office within 1 hour of the release of the OPREP. Difficult issues and events potentially unfavorable to DON should be addressed openly, honestly, and as soon as possible.

4. The Internet is a Powerful Information Tool. The appearance, accuracy, currency, and relevance of the information presented by Navy and Marine Corps commands on the Internet reflect upon DON's professional standards and credibility.

Additionally, information residing on a Web server associated with a "navy.mil" or "marines.mil" domain is interpreted by the worldwide public, including the American taxpayer and media, as reflecting official Navy or Marine Corps policies or positions.

Therefore, all information presented must be accurate, truthful, current and in compliance with DON public information policies.

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0201 FOIA

1. Policy. Individuals, including foreign citizens, partnerships, corporations, associations, states, states’ agencies, and foreign governments may request information under

FOIA. FOIA does not distinguish between U.S. and foreign citizens. A request for information does not constitute a FOIA request unless it is in writing, cites or implies FOIA, reasonably describes the records being sought so that a knowledgeable official of the agency can conduct a search with reasonable effort. If fees are applicable, the request should include a statement regarding willingness to pay all fees or those up to a specified amount or request a waiver or reduction of fees. If the request does not meet these minimum requirements, the requester should be advised and assisted in revising the request. There are times when information that would normally be released as a matter of course is requested under FOIA. In these cases, the PAO should advise the requester a FOIA request is not necessary and provide the information requested or direct the individual to the proper release authority.

2. FOIA Responsibilities. Because exchanges with the public on matters relating to FOIA often require parallel and simultaneous actions, FOIA responsibilities will be assigned to non-PA personnel unless the size of the command, manning or other circumstance leaves no alternative. This also helps serve as a check and balance between PA and FOIA authorities by promoting an exchange of knowledgeable views. PAOs must be familiar with the major elements of FOIA.

3. Release of Information Without a FOIA Request. DoD and DON policy encourage the release of information and records deemed to be of interest to the public in the most expeditious manner practicable. Information and records deemed especially useful to inform the public of governmental activity may be released in the absence of specific requests, FOIA or otherwise.

4. Keystone of the FOIA. FOIA should be administered with a clear presumption of openness. Whoever advocates withholding of information bears the burden of justifying such withholding.

Individuals denied access under FOIA have a right to seek legal action.

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5. FOIA Exemptions. A variety of conditions exempt the government from releasing information under FOIA. Most news media will not initially request information through FOIA, but instead will submit a request as a media query. PAOs must consider whether that information is releasable under FOIA. If there is any doubt, the activity’s FOIA authority should be consulted.

6. Further Guidance. For FOIA guidance, policy, points of contact, and an electronic reading room of certain released documents, see the Department of the Navy FOIA office Web site:

www.foia.navy.mil.

0202 PRIVACY ACT

1. Background. The Privacy Act of 1974 as amended protects individual privacy from unwarranted invasion by the government.

The act is applicable to all Federal agencies. For PAOs, the act is especially applicable to information taken in support of visits by civilians to units and to information taken from personnel for internal news article production. Major features of the act include:

a. The government is prohibited from keeping personal record systems that are secret or unreported.

b. Agencies may collect only such personal information that is relevant and necessary to carry out a purpose required by statute or executive order.

c. Personal information collected for one purpose cannot be used for another purpose without the consent of the individual on whom information is maintained.