UNCLASSIFIED (U)

UNCLASSIFIED (U)

5 FAH-1 H-500
CONGRESSIONAL LETTERS

5 FAH-1 H-510

LETTERS TO MEMBERS OF CONGRESS

(CT:CH-72;   2/28/2024)
(Office of Origin:  H)

5 FAH-1 H-511  GENERAL

(CT:CH-72;   2/28/2024)

a. Letters from the Department to Members of Congress are prepared for signature by the Assistant Secretary for Legislative Affairs (H).

b. Requests for information (oral or written requests for written material and oral briefings) must be handled promptly and in a forthcoming manner.

c. Bureaus should coordinate with H to answer requests that involve classified information. d. Posts receive Congressional letters either through the Department or directly from a Member.  When referring letters from the Department to bureaus and posts, H instructs the post either to reply directly to the Member, or to provide information for the reply.

e. Posts that receive letters directly from Senators and Members of Congress dealing with any policy issue must forward them immediately to H’s Congressional Correspondence Unit for response by the Assistant Secretary for Legislative Affairs.  See 9 FAM for instructions for handling letters from Members of Congress regarding visa cases.

f.  Congressional letters received at post must be opened, logged, and routed to the appropriate action office by the central mail or records unit, and then forwarded to H’s Congressional Correspondence Unit.

g. When someone opens Congressional correspondence of a personal nature other than the addressee, an explanatory note for opening it should be attached and the package immediately sent to the addressee.

h. The Bureau of Legislative Affairs (H), or the central mail unit at post must follow-up to ensure that the established time limit for answering Congressional letters is met.

5 FAH-1 H-512  CONTROLLING CONGRESSIONAL CORRESPONDENCE

(CT:CH-72;   2/28/2024)

a. The Bureau of Legislative Affairs (H) will log and assign action electronically for responses to Congressional letters under an H Tasking Slip (see 5 FAH-1 Exhibit H-512).

b. If an office receives a Congressional letter by facsimile (FAX) or directly without an H tasking slip, that office should forward the letter to H’s CongressionalCorrespondence@state.gov email for tasking.  Once the response is prepared, upload the response into myData and transmit to CCU.

5 FAH-1 H-513  RESPONSE TIME LIMITS

5 FAH-1 H-513.1  Responding from the Department

(CT:CH-72;   2/28/2024)

a. In the Department, Congressional letters should be answered no later than 7 business days after receipt in the bureau’s front office. Drafting bureaus should make every effort to provide a substantive and timely reply to support responsiveness to Congress.  Drafting bureaus and offices should be prepared to return cleared responses to H with 5 business days for policy issue letter and with 7 business days for constituent issue letters. 

b. Officers at posts must prepare replies to Congressional letters within 5 working days after receipt (see 5 FAH-1 Exhibit H-513.2(1)).  When preparing an interim response, the drafter should indicate when a final response can be expected (see 5 FAH-1 Exhibit H-513.2(2)). If a response cannot be prepared within 21 business days, an interim acknowledgment informing the Member of the reason for the delay should be sent (see 5 FAH-1 Exhibit H-513.1(1), Interim Reply).  If information is requested by a certain date and that date cannot be met, the drafting officer must contact H to explain the delay. If specific information is not available for the response and the matter remains active, posts must submit a status report every 30 days.

c. In follow up to an interim response, the drafter must send the final response to H within 21 days unless awaiting information from post, or if clearance outside the drafting office is necessary.  Reference to the interim acknowledgment must always be made in the final response (see 5 FAH-1 Exhibit H-513.1(2), Final Response).

5 FAH-1 H-514  TRANSFERS

(CT:CH-72;   2/28/2024)

a. In coordination with H, Congressional letters should be transferred to offices in the Department, post, or to another Federal agency only if the recipient office or agency has been clearly identified and agrees to accept the letter promptly for complete action.

b. At post, if a letter is initially routed to the wrong office, the original action officer must immediately inform the correct action office and route the letter directly to the new action office.

5 FAH-1 H-514.1  Transfers Within the Department

(CT:CH-72;   02-27-2024)

a. Drafters must contact the Bureau of Legislative Affairs (H), when transferring a Congressional letter to another bureau in the Department and identify their office (bureau, section, action officer) and the office (bureau, section, action officer) to which the letter is being transferred.

b. If a letter concerns more than one subject, the primary drafting officer must prepare a full reply, obtaining information from other sources as needed.  Do not pass the Congressional letter on to another bureau or office for a partial reply.

c. In the event that there is a different of views across policy bureaus regarding primary drafting responsibilities, H will work with the bureaus and relevant 7th floor offices to resolve the difference and establish a primary drafting bureau.

5 FAH-1 H-514.2  Transfers to Other Agencies

(CT:CH-72;   2/28/2024)

a. If action must be transferred to another agency (except USAID; see the Executive Secretariat InfoLink), the drafter must immediately do the following:

(1)  Advise the Bureau of Legislative Affairs (H) by telephone and the Member of Congress by letter or by phone;

(2)  Forward the letter and a copy of the Department's interim reply to the appropriate agency under Form OF-41, Routing and Transmittal Slip, signed by the action officer (consult H for names of agency liaison officers to whom to address Form OF-41); and

(3)  Forward a copy of the Congressional letter and a copy of the Department’s interim reply to H’s Congressional Correspondence Unit for record-keeping purposes.

b. See letter, Form OF-41, and assembly instructions at 5 FAH-1 Exhibit H-512.

5 FAH-1 H-515  TYPES OF CONGRESSIONAL REPLIES

(CT:CH-24;   08-06-2009)

Members hold various positions within Congress, so drafters must be careful to reply to Congressional letters based on the type of letter received.  A reply should be addressed to a Member as chairman of a committee or subcommittee only when the Member as chairman signed the incoming letter, not because the letter is written on committee letterhead.  The following instructions apply to more specific replies.

5 FAH-1 H-515.1  Reply to Letter Signed By More Than One Member

(CT:CH-72;   2/28/2024)

H will send replies electronically to each Member who signed a Congressional letter, addressed to the first signer.

5 FAH-1 H-515.2  Reply to District Office

(CT:CH-72;   2/28/2024)

H will send replies to letters received from the district Congressional office back to the district office addressed to the Member, even though the inquiry may be from a staff member.

5 FAH-1 H-515.3  Reply Direct to Constituent

(CT:CH-72;   2/28/2024)

The Assistant Secretary of State for Legislative Affairs signs direct replies from the Department to a constituent.  

5 FAH-1 H-515.4  Reply From Other Than the Assistant Secretary for Legislative Affairs (H)

(CT:CH-72;   2/28/2024)

a. For letters addressed to a Department official (Assistant Secretary or above) by name, the official signs only if it is evident that the letter is personal and the official is expected to reply.  The drafter clears the reply with the appropriate program office(s) and the Bureau of Legislative Affairs (H).  Otherwise, the reply is prepared for H signature with a sentence at an appropriate place stating "We have been asked to reply on (name)'s behalf."  Responses to letters addressed to Ambassadors can include text that the Ambassador provided the reply, and the response is provided under cover of the Assistant Secretary’s signature. 

b. When a letter is addressed to a Foreign or Civil Service officer by name, the Assistant Secretary of State for Legislative Affairs signs the response.  Responses can include text that the response was coordinated with the addressed officer.

c.  If the incoming letter is signed by a staff member, the drafter should address the letter to the Member.

5 FAH-1 H-515.5  Reply to the Office of a Deceased Member

(CT:CH-4;   07-31-2002)

A reply that answers a letter that was received before a Member's death is addressed to the deceased Member's administrative assistant or secretary.

5 FAH-1 H-516  SALUTATION

(CT:CH-41;   07-28-2015)

a. When preparing a Congressional letter for the Assistant Secretary for Legislative Affairs, the drafter must use one of the following salutations:

(1)  Dear Senator_________:  (To a U.S. Senator (male or female));

(2)  Dear Mr. or Ms._______:  (To a Member of the House of Representatives);

(3)  Dear Mr. or Madam Chairman:  (To a male or female Member as chairperson of a committee or subcommittee);

(4)  Dear Mr. or Madam Speaker:  (To the Speaker of the House of Representatives); or

(5)  Dear Mr. or Madam President:  (To the Vice President of the United States in his/her capacity as the President of the Senate).

5 FAH-1 H-517  CLEARANCES

(CT:CH-72;   2/28/2024)

a. In the Department, the drafter must include the initials of the preparing office director and other appropriate clearances on the clearance page of Congressional correspondence response.

b. At post, direct replies to Congressional inquiries should be cleared with the chief of the section and other officers as required by the subject matter.  Include the initials of the chief or deputy chief of mission, or the principal officer on Congressional correspondence forwarded to the Department.

 

5 FAH-1 H-518  CLASSIFICATION AND DECLASSIFICATION MARKING

(CT:CH-72;   2/28/2024)

 Responses to classified letters should follow Department classification guidelines, and drafters should coordinate with H.

5 FAH-1 H-519  UNASSIGNED


5 FAH-1 Exhibit H-512  
Bureau of Legislative Affairs Tasking Slip

(CT:CH-72;   2/28/2024)

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5 FAH-1 Exhibit H-513.1(1)  
Interim Reply–Department

(CT:CH-72;   02-27-2024)

 

 

 

 


                                                                   (leave room for date)

 

 

The Honorable

Mary A. Smith

House of Representatives

Washington, DC 20515

 

Dear Ms. Smith:

 

This exhibit shows the proper format for Congressional correspondence.  Use 1-1/2" margins and indent paragraphs five spaces.

 

Thank you for your letter of June 25, inquiring about the welfare and whereabouts of Sr. Jose Martinez, who is in the Dominican Republic.

 

Your letter has been forwarded to the U.S. Embassy in Santo Domingo for a report.  I will notify you as soon as a reply is received.

(1 space)

(6 tabs)                                                       Sincerely,

(4 lines)

 

 

 

 

(6 tabs)                                                       John E. Doe
(6 tabs)                                                       Assistant Secretary
(6 tabs)                                                      
Bureau of Legislative Affairs

5 FAH-1 Exhibit H-513.1(2)  
Final Response

(CT:CH-72;   2/28/2024)

 

 

 

 


                                                (leave room for date)

 

 

The Honorable

Henry L. Doe

House of Representatives

Washington, DC 20515

 

Dear Mr. Doe:

 

This exhibit shows a sample final Congressional response from the Department.  Always reference the date of the interim letter.

 

Thank you for your letter of May 16, concerning Mr. William Lewis, who desires employment with the Department of State.

 

It is always a pleasure to learn of a young person's interest in service with the Department of State.  Enclosed is complete information on careers with the Department.  The most promising opportunity for an officer level position is through the Foreign Service Officer Examination.  The next examination will be given on December 6, 2009.  An announcement with application card is enclosed.  I can assure you that Mr. Lewis will be given every consideration.

(1 space)

(6 tabs)                                                       Sincerely,

(4 lines)

 

 

 

 

(6 tabs)                                       John E. Dolby

(6 tabs)                                       Assistant Secretary

(6 tabs)                                       Bureau of Legislative Affairs

 

 

Enclosures:  As stated. (only put if there is an enclosure)

 


5 FAH-1 Exhibit H-513.2(1)  
Congressional Reply—Post (Final)

 (CT:CH-72;   2/28/2024)

                                      

 

 

 

 Embassy of the United States of America                                                         Sofia, Bulgaria

                                                                [leave room for date]

 

The Honorable

John A. Black

House of Representatives

Washington, DC 20515

 

Dear Mr. Black:

 

Congressional correspondence from post is shown in this exhibit.  Include the date at the time of preparation unless otherwise instructed.  Align the date with the post letterhead as shown above.  In the case of letterhead that is centered at the top of the page, align the date with the right margin.  In some cases, post letterhead has "Embassy of the United States of America" or "Consulate General of the United States of America," preprinted at the top of the page without the post location.  On such stationery, identify the post (city and country) two lines below the letterhead.  For example:

 

                                        CONSULATE GENERAL
                                                OF THE
                                        UNITED STATES OF AMERICA

 

Hong Kong, Special Administrative Region (SAR)

 

Do not indent paragraphs.  Use 1 ” margins and place the address in block style at the top of the page. Use Calibri font size 15

 

For a Member of the House of Representatives, use the salutation "Dear Mr. or Ms." only; for U.S. Senators, use "Dear Senator (name);" and for the Speaker of the House, use "Dear Mr. or Madam Speaker."  When a letter is to a Member in his or her capacity as chairperson of a committee or subcommittee, use "Dear Mr. or Madam Chairman."

 

                                        -2-

 

 

Use plain paper for the second page.  Center the page number at the top of the second page, two lines below the top margin.

 

Add enclosures and information copies after the signing officer's name.  If there is more than one enclosure, single space and number them as shown below.  Place drafting information on file copies or a drafting page.

(1 space)

(6 tabs)                                       Sincerely,

(4 lines)

 

 

 

 

(6 tabs)                                       Mary E. White
(6 tabs)
                                       Title

 

 

 

Enclosures:  As stated.

1.     Travel Report

2.     Sunday Times Article

 

5 FAH-1 Exhibit H-513.2(2)  
Congressional Reply—Interim Response

(CT:CH-72;   2/28/2024)

 

 

 

                                                        (leave room for date)

 

 

The Honorable

Mary A. Smith

House of Representatives

Washington, DC 20515

 

Dear Ms. Smith:

 

In the temporary absence of Mr. Brown from Sofia, I am replying to your letter of April 29, expressing your continuing interest in the proposed immigration of John J. Johnson, the brother of James Johnson, 1500 Main Street, Chicago.

 

John J. Johnson has been requested to visit this office at his convenience for a review of his case, including all evidence of his name, identity, and relationship to the petitioner, Mr. James Johnson.

 

We will write you again following the interview with John J. Johnson.

(1 space)

(6 tabs)                                            Sincerely,

(4 lines)

 

 

(6 tabs)                                            James R. Roberts
(6 tabs)                                            Title

 

 

 

5 FAH-1 Exhibit H-514.2(1)  
Transferring Congressionals to Another Agency

(CT:CH-72;   2/28/2024)

 

 

 

 

 

[leave room for date]

 

The Honorable

John A. Burns

United States Senate

Washington, DC 20510

 

Dear Senator Burns:

 

Thank you for your letter of June 1, regarding the interest of your constituent, Mr. Steven M. Brown, in making a gift of books to India.

Since this matter falls within the jurisdiction of the Department of Commerce, I am referring your letter to Mr. Joseph White, General Counsel, for reply.  Mr. White can be reached on code 182, extension 4090.

(1 space)

(6 tabs)                                       Sincerely,

(4 lines)

 

 

(6 tabs)                                       John E. Doe
(6 tabs)
                                       Assistant Secretary
(6 tabs)
                                       Bureau of Legislative Affairs

 

 

5 FAH-1 Exhibit H-514.2(2)  
Classified Routing and Transmittal Slip (Cover Sheet)

(CT:CH-72;   2/28/2024)

 

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UNCLASSIFIED (U)