DHS Directive 110-02

Department of Homeland Security
DHS Directives System
Directive Number: 110-02
Revision Number: 00

Issue Date: 04/11/2019

PUBLIC SPEAKING
OPPORTUNITIES
I.

Purpose

This Directive establishes the Department of Homeland Security (DHS) policy with
respect to the acceptance of public speaking invitations by DHS employees and
formally implements the Office of Public Affairs (OPA) DHS Speakers Bureau as well as
DHS Component speaker bureaus. It is designed to ensure all employees are aware of,
and comply with, current policies, legal statutes, and ethical standards that currently
apply to federal government employees.

II.

Scope
A.
This Directive applies to all employees throughout DHS invited to
participate in their official capacity at any and all events sponsored by a nonfederal entity, or forums attended by the public of any type, but does not apply to
employees who regularly speak to stakeholder groups and/or other nongovernmental entities or personnel as part of their normal, daily job duties.
B.
The Office of Inspector General and Office of the Citizenship and
Immigration Services Ombudsman are exempt from this Directive.
C.
Component Heads from the following Components are exempt from the
DHS Speakers Bureau process outlined in this Directive: Customs and Border
Protection (CBP), Federal Emergency Management Agency (FEMA), Federal
Law Enforcement Training Centers (FLETC), Cybersecurity and Infrastructure
Security Agency (CISA), Immigration and Customs Enforcement (ICE),
Transportation Security Administration (TSA), United States Citizenship and
Immigration Services (USCIS), United States Coast Guard (USCG), and United
States Secret Service (USSS). Additionally, the Secretary, Deputy Secretary,
Under Secretaries, all presidentially appointed, and Senate confirmed employees
are exempt from the DHS Speakers Bureau process outlined in this Directive.
D.
DHS Management Directive (MD) 2270, “Public Speaking Opportunities,”
is hereby canceled.

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III. Authorities
A.
Federal Advisory Committee Act, 5 U.S.C.A. App. 2, § 2, “Findings and
Purpose”
B.
Federal Acquisition Regulation, Subchapter A, Part 3, “Improper Business
Practices and Personal Conflicts of Interest,” and Subchapter B, “Acquisition
Planning”
C.

Title 5, Code of Federal Regulations (CFR), page 2635

D.
DHS Delegation 02001, “Delegation to the Assistant Secretary for Public
Affairs”
E.

DHS MD 2010, “Public Affairs Guidance and Designated Spokespeople”

IV. Definitions
A.
Official Capacity: A capacity in which an employee is participating with
non-federal organizations for the primary purpose of representing the interests of
the Department and the federal government. Official capacity derives from the
employee’s federal position, title or authority and his/her affiliation, title or name
being used to promote an event, used during an event or to be published in event
products.
B.
Public Event: Any event or forum attended by the public (1) in which the
intention is to communicate a message, educate a community, celebrate an
occasion, or share information with wide audiences about the speaker’s official
duties, DHS programs and policies, missions or issues; and (2) which reasonably
may be expected to be documented (via minutes, notes, media recordings, etc.)
by attendees. This may include, but is not limited to, private events, by invitationonly events, and “closed-door” forums. This does not include closed press
events sponsored by other federal entities, DHS events, or DHS press
conferences. This also does not include testimony by a DHS employee before
non-federal legislative, executive, or judicial bodies. Employees who speak to
stakeholder groups as part of their normal job duties also are exempt from the
DHS Speakers Bureau.

V.

Responsibilities
A.
The Office of the Secretary, Component Heads, and other senior DHS
officials ensure that all DHS personnel comply with the content and policies
listed in this Directive.
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B.

The Assistant Secretary for Public Affairs:
1.
Reviews and approves any and all appearances in an official
capacity of any DHS employee with the exception of DHS Component
heads and other senior officials exempted from this Directive in Section
II.C and D, and DHS Component personnel who work through their
respective Component Speaker Bureaus.
2.
Oversees the operation of the DHS Speakers Bureau, and through
their designee(s), and working with the Office of the General Counsel
(OGC), ensure that all personnel are aware of, and comply with, current
policies and ethical standards that currently apply to federal government
employees when speaking at events sponsored by non-federal entities or
forums attended by the public.

C.
The Designated Agency Ethics Official (DAEO): Advises the Assistant
Secretary of Public Affairs or their designee on any concerns presented by the
speaking opportunity under the Executive Branch Standards of Conduct.
D.
Component Public Affairs Directors: Ensure that all Component
personnel are aware of, and comply with, current policies and ethical standards
that currently apply to federal government employees when speaking at events
sponsored by non-federal entities or forums attended by the public, and ensure
that events meet established speaking criteria.
E.
Component Speaker Bureaus: Ensure that they follow consistent
guidelines of the DHS Speakers Bureau, including this Directive, and provide
prospective weekly summary reports of all approved speaking events to the DHS
Speakers Bureau.
F.
DHS Personnel: Ensure that speaking requests meet established
speaking criteria, and coordinate with appropriate public affairs offices and, when
necessary, appropriate Ethics officials, prior to approving an invitation to speak at
an event, as well as in developing and finalizing talking points, speech materials,
and presentations, before submitting a request to a Component’s or DHS
Speakers Bureau.

VI. Policy and Requirements
It is the policy of the Department to encourage qualified personnel at all levels to
engage in public speaking opportunities in an official capacity at events of common
public interest and benefit as a means of keeping the public informed of DHS programs,
policies, missions, and issues of national security.

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A.
In addition to the DHS Speakers Bureau, each of the Operational
Components (TSA, CBP, FEMA, ICE, USCIS, USCG, USSS), FLETC, and
NPPD are to maintain or create their own Speaker Bureaus. Headquarters
personnel are to utilize the DHS Speakers Bureau.
B.
Requests for DHS personnel to speak, in their official capacity, before
non-federal entities or at forums attended by the public are directed to the
appropriate public affairs office for coordination. DHS personnel are to comply
with all laws and policies safeguarding from the unauthorized disclosure of official
information or misuse of appropriated funds. DHS personnel who fail to comply
with laws and policies that protect against the unauthorized disclosure of official
information or misuse of appropriated funds may be subject to administrative,
civil, and criminal penalties. These may include, for example, penalties under 18
U.S.C. § 1913, for lobbying with appropriated moneys, under 18 U.S.C. § 1905,
for the improper disclosure of confidential information, and under 18 U.S.C. §
798, for the improper disclosure of classified information.
C.
Requests for DHS personnel to speak, in their official capacity, before
non-federal entities or at forums attended by the public are to be reported weekly
to the DHS Speakers Bureau upon Component approval of an invitation at least
30-days before the event date. Last-minute or late invitations are accommodated
by notifying the DHS Speakers Bureau or DHS OPA’s Office of Strategic
Communications.
D.
DHS Headquarters personnel complete a Speakers Bureau Request Form
(DHS form is shown in Attachment 1) and send to [email protected]
for review. Each Component Speakers Bureau creates a form similar to the DHS
form and provides access to it on their intranet site. DHS OPA does not review
Component Speaker Bureaus request forms.
E.
DHS OPA, in consultation with OGC/Ethics, reserves the right to advise
Components on the appropriate extent of DHS participation in an event in order
to avoid the appearance of endorsement of any non-federal entity, event,
product, service, or enterprise. The extent of DHS participation is dependent on
whether or not DHS is able and willing to provide the same support to
comparable events that meet the criteria of this Directive and are sponsored by
other similar non-federal entities. The extent of DHS participation also is
dependent on whether or not the event is in the best interest of the Department,
and whether or not employees’ statements reflect U.S. Government policy, and
are given in support of the Department’s mission and outreach efforts. Special
scrutiny is given to events that are small in nature, unreasonably expensive for
members of the general public to attend, requesting a large number of DHS
speakers, located outside the continental U.S., or may benefit an organization
that contracts with the Department or is seeking to contract with the Department.

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F.
DHS speakers do not officially endorse, or appear to endorse, any nonfederal entity event, product, service, or enterprise, including membership drives
or fund-raising activities. DHS speakers ensure that neither their participation in
an event nor the content of their remarks, in any way, may be interpreted as
endorsing or appearing to endorse a non-federal entity, its programs, or fundraising activities. Official titles, positions, or organizational affiliations of DHS
personnel are not to be used to suggest official endorsements or preferential
treatment of non-federal entities.
G.
DHS will not approve personnel speaking before organizations that restrict
membership based on race, creed, color, nationality, sexual orientation or gender
and whose constitution, bylaws, membership qualifications, or ritual are withheld
from the general public.
H.
DHS personnel acknowledge the presence of media while presenting
official speeches. However, any media interviews are to be coordinated with
DHS OPA (or through the Component Public Affairs Offices) in accordance with
DHS Public Affairs Guidance and Designated Spokespeople under DHS MD
2010. DHS personnel are to consult the appropriate Public Affairs Office for
guidance prior to participating in all media interviews.
I.
Components may appeal a denied speaking request to the OPA Deputy
Assistant Secretary.
J.
Speaking Release: DHS personnel may be requested to sign a
disclaimer/release by the speaking event sponsor. In lieu of the sponsor release,
an OGC-approved release form has been developed and may be obtained by
contacting a Component or DHS Speakers Bureau.
K.
Creating a Speakers Bureau Function within each Component: DHS
Components exempt from this Directive are required to create a function to
coordinate external speaking events and are encouraged to model them after the
DHS Speakers Bureau.

VII. Questions
Address any questions or concerns regarding this Directive to the Office of Public
Affairs Speakers Bureau at [email protected].

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