2 FAM 070
DISSENT CHANNEL
(CT:GEN-612; 12-05-2024)
(Office of Origin: S/P)
2 FAM 071 POLICY
2 FAM 071.1 Policy Statement
(CT:GEN-612; 12-05-2024)
a. It is Department of State policy that all U.S. citizen employees, foreign and domestic, be able to express dissenting or alternative views on substantive issues of policy, in a manner which ensures serious, high-level review and response.
b. The State Department has a strong interest in facilitating open, creative, and uncensored dialogue on substantive foreign policy issues within the professional foreign affairs community, and a responsibility to foster an atmosphere supportive of such dialogue, including the opportunity to offer alternative or dissenting opinions without fear of penalty. The Dissent Channel was created to allow its users the opportunity to bring dissenting or alternative views on substantive foreign policy issues, when such views cannot be communicated in a full and timely manner through regular operating channels or procedures, to the attention of the Secretary of State and other senior State Department officials in a manner which protects the author from any penalty, reprisal, or recrimination.
c. Freedom from reprisal for Dissent Channel users is strictly enforced; officers or employees found to have engaged in retaliation or reprisal against Dissent Channel users, or to have divulged to unauthorized personnel the source or contents of Dissent Channel messages, will be subject to disciplinary action by the Department. Dissent Channel messages, including the identity of the authors, are a most sensitive element in the internal deliberative process and are to be protected accordingly.
2 FAM 071.2 Scope
(CT:GEN-612; 12-05-2024)
The Dissent Channel is reserved for consideration of dissenting or alternative views on substantive foreign policy matters. The Dissent Channel may not be used to address non-policy issues (e.g., management or personnel issues that are not significantly related to substantive matters of foreign policy). Complaints relating to violation of law, rules, or regulations; mismanagement; or fraud, waste, or abuse may be addressed to OIG/INV. Information classification challenges should not be addressed through the Dissent Channel. (See Subpart C of 22 CFR 171.)
2 FAM 071.3 Applicability
(CT:GEN-383; 09-28-2011)
Any U.S. citizen who is a regular or re-employed annuitant employee of the Department of State or Agency for International Development, may use the Dissent Channel. The Dissent Channel may not be used by non-U.S. citizens or by U.S. citizens who are contractors with, or who have retired from, the foreign affairs agencies specified above.
2 FAM 071.4 Responsibilities
(CT:GEN-612; 12-05-2024)
a. The Secretary's Policy Planning Staff (S/P) is responsible for management of the Dissent Channel.
b. In consultation with S/P, the Office of Inspector General (OIG) is responsible for investigating all reports of improprieties related to use of the Dissent Channel and for recommending appropriate action.
c. Chiefs of mission (COMs)/principal officers (POs) are responsible for ensuring that Dissent Channel messages originating from abroad are treated with strict adherence to applicable regulations, including prompt authorization of the transmission of Dissent Channel messages, protection of Dissent Channel users from any penalty, reprisal, or recrimination, and protection of the source and contents of Dissent Channel messages. COMs and POs are also responsible for ensuring that this guidance on the Dissent Channel (2 FAM 070) is circulated at post and that all eligible employees are aware of Dissent Channel procedures.
2 FAM 071.5 Authorities
(CT:GEN-383; 09-28-2011)
The Dissent Channel Program is derived from the authority of the Secretary to manage the Department of State and the Foreign Service, 22 U.S.C. 2656, 22 U.S.C. 2651a.
2 FAM 071.6 Related FAM Regulations
(CT:GEN-612; 12-05-2024)
The following are cross-referenced FAM provisions relevant to the Dissent Channel:
(1) Inadmissible Comments: 3 FAM 2815.1, subparagraph (b)(16). This provision indicates that employee performance evaluation reports may not make negative reference to the use of the Dissent Channel or judgments based on the views expressed in Dissent Channel messages; and
(2) Office of Inspector General: 1 FAM 050 describes the investigatory responsibilities of the OIG.
2 FAM 072 DISSENT CHANNEL USE
(CT:GEN-612; 12-05-2024)
a. The value of the Dissent Channel depends not only on its unimpeded availability but also on its appropriate use. It is reserved only for consideration of responsible dissent and alternative views on substantive foreign policy issues that cannot be communicated in a full and timely manner through regular operating channels or procedures (e.g., when the inability to resolve concrete differences of opinion on substantive foreign policy issues has prevented such views from being reported—see 2 FAM 111.1-1 Openness in Post Operations and Management).
b. Employees and their supervisors should make every effort to use front channel communication to accommodate and/or report differing views on major foreign policy issues, prior to resorting to the Dissent Channel (see also 2 FAM 111.1-1).
c. Because the Dissent Channel is not a routine channel and its messages are handled at the highest levels of the Department, authors should ensure not only that their views are well-grounded and well-argued, but that no other channel is available to them. Dissenting or alternative views on non-policy issues (e.g., management, administrative, or personnel issues that are not significantly related to matters of substantive foreign policy) may not be communicated through the Dissent Channel.
d. Employees considering Dissent Channel use may wish to contact S/P to discuss their submission. S/P will ensure confidentiality of such conversations and can help employees determine the appropriateness of Dissent Channel use in their particular cases. Employees retain their right to use the Dissent Channel, consistent with the criteria stipulated above. S/P may reject communications that do not meet those criteria.
e. Employees considering using the Dissent Channel should label all preliminary documents and communications with the label “Dissent” in the subject line when preparing dissent messages and/or in the deliberative process before submitting the message to S/P. Dissent channel messages, even unclassified messages, should be drafted and prepared on OpenNet or ClassNet and should not be drafted or prepared on personal or private systems. (See 2 FAM Exhibit 073)
2 FAM 073 DISSENT CHANNEL TRANSMISSION
(CT:GEN-612; 12-05-2024)
a. Users are encouraged, but are not required, to discuss their dissenting or alternative views with their supervisors and to show Dissent Channel messages to them. A Dissent Channel message requires no clearance. The COM, PO, or a designated subordinate must authorize prompt transmission of any Dissent Channel messages provided to them, with the understanding that authorization of its transmission does not imply concurrence with its views.
b. Dissent Channel messages may be submitted in the form of a cable or memorandum, using the formats given in 2 FAM Exhibit 073. Failure to properly identify and caption a Dissent Channel message as such may cause improper or delayed distribution and possible loss of confidentiality. The Subject Line of Dissent Channel cables must have the words “Dissent Channel: ” followed by a brief description of the matter being dissented. The author also must include her or his name in the first paragraph of the message. The Dissent Channel (DISSENT) caption should be listed first. Dissent Channel cables and messages must not be labeled or identified by any other distribution caption [e.g., No Distribution (NODIS); Exclusive Distribution (EXDIS); State Distribution Only (STADIS), or Limited Distribution (LIMDIS)]. Mislabeling of Dissent Channel messages may allow others outside of the process outlined in 2 FAM 074 to see the message.
2 FAM 074 ROLE OF POLICY PLANNING STAFF (S/P) AND INSPECTOR GENERAL (OIG)
2 FAM 074.1 Policy Planning Staff (S/P)
(CT:GEN-612; 12-05-2024)
a. Immediately upon receipt of all incoming Dissent Channel messages, S/P reviews the message to ensure it meets the criteria of 2 FAM 071.2. S/P distributes copies of all messages that meet the requirement to the Secretary, the Deputy Secretary, the Deputy Secretary for Management and Resources, the Under Secretary for Political Affairs, the Executive Secretary, and their Chiefs of Staff s . If the message does not meet the criteria of 2 FAM 071.2, S/P will inform the drafter(s) and offer alternatives for distribution. If the author of a dissent message is employed by USAID, S/P will also distribute a copy of the Dissent Channel message to USAID leadership. With due regard for the sensitivity of the message and the wishes of the drafter, the director of S/P may also distribute the dissent message to other senior officials in the Department, after receiving permission from the author, both for information purposes and for help in drafting a response. No additional distribution may be made without the authorization of the S/P director or principal and/or deputy director, including to their staff.
b. Neither the identity of a Dissent Channel user nor the contents of any Dissent Channel message may be shared with anyone outside of the procedures as outlined in 2 FAM 074.1, paragraph (b).
c. The director and/or deputy director of Policy Planning is responsible for acknowledging receipt of a Dissent message within 2 working days and for providing a substantive reply, normally within 60 working days. At the discretion of the director of the Policy Planning, S/P may also clear replies with other senior Department of State officials.
d. The S/P deputy director is responsible for monitoring the operation of the Dissent Channel and clearance on all responses to incoming Dissent Channel messages to ensure compliance with applicable regulations.
e. The subject lines of electronic messages about the processing and review of a Dissent Channel message or about the response to Dissent Channel messages should be labeled “(Dissent) “ . See 2 FAM Exhibit 073. As noted in 2 FAM 0.73 (b), the Dissent Channel message itself and the response must be labeled with the DISSENT caption.
2 FAM 074.2 Office of Inspector General (OIG)
(CT:GEN-612; 12-05-2024)
In consultation with S/P, OIG is responsible for investigating all reports of improprieties related to use of the Dissent Channel, including allegations of reprisal against its users and allegations of unauthorized disclosure of Dissent Channel source or contents. OIG is responsible for determining in a timely manner if any improprieties or reprisal did occur, and for recommending appropriate action.
2 FAM 074.3 Questions
(CT:GEN-612; 12-05-2024)
Direct questions regarding any aspect of the Dissent Channel, including proper address forms or use of captions, to the S/P deputy director.
2 FAM EXHIBIT 073
SAMPLE FORMATS
(CT:GEN-612; 12-05-2024)
Dissent Channel Cable Format
FROM: (post)
TO: SECSTATE WASHDC
DISSENT CHANNEL: (caption line)
TAGS: as appropriate
SUBJECT: Dissent Channel: (actual title)
1. The following is a Dissent Channel message from (name and post) to the Director of Policy Planning (S/P).
2. Text of message.
Dissent Channel Memorandum Format (Word Document or PDF, transmitted via email)
DISSENT CHANNEL
Classification (As appropriate)
Originating Agency's Determination Required (OADR): (As appropriate)
TO: S/P - (Director’s name)
FROM: (Drafter's office symbols) - (Drafter's name)
SUBJECT: Dissent Channel: (actual title)
1. The following is a Dissent Channel message from (name and post) to the Director of Policy Planning (S/P).
2. Text of message.
UNCLASSIFIED (U)
dissent Channel Processing E-Mail and Deliberative Process Communications
To: S/P Director
From: Drafters/Respondents
Subject: (Dissent) Subject Line of email
In the subject line insert a space after the “)” second parenthesis marker.