Federal Government Social Media Conduct Guidelines

R ules of C onduct for Social M edia Charlotte E. McKiver Government Accountability Office David J. Taube Office of Government Ethics Jacqueline Yarbro Office of Special Counsel Federal Social Media Community of Practice August 26, 2021

overview G A O Agencies use social media for a wide variety of official purposes. to inform the public to engage with stakeholders for hiring just for fun O G E O S C 2

How Congress controls federal spending How Congress controls federal spending G A O Appropriations Clause of the Constitution (Article I, Section 9, Clause 7) No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. O G E Antideficiency Act (31 U.S.C. 1341-42, 1349-51, 1511-19) Prohibits, in part, a government official or employee from making an obligation or expenditure in excess of an amount available in an appropriation or fund. O S C Purpose Statute (31 U.S.C. 1301(a)) Requires appropriations to be spent only for the purposes authorized. 3

Appropriations restriction on publicity and Appropriations restriction on publicity and propaganda activities propaganda activities G A O O G E SEC. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. ( 718, division E, title VII, Public Law 116-260) O S C 4

Activities prohibited by restriction on publicity Activities prohibited by restriction on publicity and propaganda activities and propaganda activities G A O SELF-AGGRANDIZEMENT: an activity of a nature tending to emphasize the importance of the agency or activity in question. O G E COVERT PROPAGANDA: an agency fails to disclose its role as the source of information or the source of information is misleading as to its origin. O S C PURELY PARTISAN ACTIVITY: an activity that is designed to aid a political party or candidate. 5

Appropriations restriction on grassroots Appropriations restriction on grassroots lobbying lobbying G A O SEC. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. ( 715, division E, title VII, Public Law 116-260) O G E O S C 6

Agency action prohibited by grassroots Agency action prohibited by grassroots lobbying restriction lobbying restriction G A O O G E Using appropriated funds to make a clear appeal to the public to contact Members of Congress; and O S C Such appeal is in support of or opposition to pending legislation. 7

GAO decisions applying these restrictions to GAO decisions applying these restrictions to agency social media use agency social media use G A O Agency social media use did violate these restrictions Environmental Protection Agency--Application of Publicity or Propaganda and Anti- Lobbying Provisions | U.S. GAO B-326944 U.S. Department of Transportation--Violation of Governmentwide Anti-Lobbying Provision | U.S. GAO B-329368 O G E O S C Agency social media use did not violate these restrictions U.S. Department of Energy--Tweet Concerning the Secretary of Energy's Guest Column on Health Care | U.S. GAO B-329373 U.S. Department of Health and Human Services--Application of Anti-Lobbying and Publicity or Propaganda Provisions | U.S. GAO B-329199 8

social media and government ethics G A O PERSONAL SOCIAL MEDIA OGE LA-15-03 OFFICIAL SOCIAL MEDIA Ethics statutes and Standards of Conduct apply to agency employees providing input and making decisions. Agency actions involving social media deciding to open or close an account on a particular platform deciding what platform to use for each social media post choosing social media content choosing to share another user's post or follow another user's account O G E O S C Your agency ethics officials are there to assist. 9

conflicts and impartiality G A O 18 U.S.C. 208 financial conflicts of interest 5 C.F.R. 2635.502 improper appearances O G E O S C 10

equal access G A O Recommendation: If you post it anywhere, post it everywhere. Rationale "Employees shall act impartially and not give preferential treatment to any private organization or individual." [5 C.F.R. 2635.101(b)(8)] using all platforms where your agency has accounts avoids preferential treatment among platforms using your agency website plus all platforms where your agency has accounts makes content available to the widest possible audience O G E O S C 11

endorsement G A O Rule: "An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise ." [5 C.F.R. 2635.702] Agencies may highlight particular people or organizations when they have statutory authorization or legitimate mission-related reasons. O G E O S C 12

G A O O G E Definition of Political Activity The Basics The Basics Any activity directed toward the success or failure of a political party, partisan political group, or candidate for partisan political office O S C 5 C.F.R. 734.101 13

G A O Employees may not engage in political activity while: On duty Includes teleworking In a government room or building Includes breakrooms, conference rooms, gyms, and cafeterias Wearing an official uniform or insignia Using a government vehicle O G E On Duty & On Duty & In the In the Workplace Workplace O S C 5 U.S.C. 7324; 5 C.F.R. 734.306 14

G A O Employees may not use their official authority or influence to affect the outcome of an election O G E Use of Use of Official Official Authority Authority Examples: Involving subordinates Using one s official title or position Using agency resources, e.g., an official social media account or agency newsletter O S C 5 U.S.C. 7323(a)(1); 5 C.F.R. 734.302 15

G A O Employees may not solicit, accept, or receive political contributions by any means at any time O G E Examples: Asking for donations Inviting others to a fundraiser Sharing or liking fundraising posts on social media Fundraising Fundraising O S C 5 U.S.C. 7323(a)(2); 5 C.F.R. 734.303 16

G A O Employees may not use an official social media account to engage in political activity by, for example: Tweeting, retweeting, sharing, or liking a post or content that solicits political contributions Following or linking to a candidate s campaign website or the account of any candidate or partisan group Tweeting or linking to a post about a partisan group or candidate O G E Social Media Social Media Rules Rules O S C 17

U.S. Government Accountability Office (202) 512-3000 contact@gao.gov GAO Website www.gao.gov G A O U.S. Office of Government Ethics (202) 482-9300 contactOGE@oge.gov OGE Website www.oge.gov U.S. Office of Special Counsel Hatch Act Hotline & Email (202) 804-7002 hatchact@osc.gov OSC Speakers/Outreach (202) 804-7000 OSC Website www.osc.gov O G E O S C Contact Us 18