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FUNDRAISING
I. REFERENCES.
A. Exec. Order No. 12,353, 47 Fed. Reg. 12785, Charitable Fund-Raising (Mar. 23, 1982)
B. Exec. Order No. 12,404, 48 Fed. Reg. 6685, Charitable Fund-Raising (Feb. 10, 1983)
C. 5 C.F.R. Part 950, Solicitation of Federal Civilian and Uniformed Service Personnel for
Contributions to Private Voluntary Organizations (Combined Federal Campaign) (e-CFR
current as of September 29, 2015)
D. 5 C.F.R. § 2635.808, Standards of Ethical Conduct for Employees of the Executive
Branch; Fundraising activities
E. DoD 5500.07-R, Joint Ethics Regulation (JER) (August 30, 1993)(including Change 7,
November 17, 2011)(subsections 2-302.a(2), 3-210; 3-211.b.; 3-300.a.)
F. DoDI 5035.01, Combined Federal Campaign (CFC) Fundraising Within the Department
of Defense (January 31, 2008)
G. DoDI 5035.05, DoD Combined Federal Campaign – Overseas (CFC-O) (February 21,
2008)
H. 41 C.F.R. § 102-74.410, Public Contracts and Property Management; Facility
Management; Conduct on Federal Property; Soliciting, Vending and Debt Collection;
What is the policy concerning soliciting, vending and debt collection? (e-CFR current as
of Sept. 29, 2015)
I. 32 C.F.R. Part 234, Conduct on the Pentagon Reservation (May 2007)
J. 5 C.F.R. § 735.201, Employee Responsibilities and Conduct; Standards of Conduct;
What are the restrictions on gambling? (e-CFR current as of Sept. 29, 2015)
K. 41 C.F.R. § 102-74.395, Public Contracts and Property Management; Facility
Management; Conduct on Federal Property; Gambling; What is the policy concerning
gambling? (e-CFR current as of Sept. 29, 2015)
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L. DoDD 5410.18, Public Affairs Community Relations Policy (November 20, 2001)
(certified current as of May 30, 2007)
M. DoDI 5410.19, Public Affairs Community Relations Policy Implementation (November
13, 2001)
N. DoDI 1000.15, Procedures and Support for Non-Federal Entities Authorized to Operate
on DoD Installations (October 24, 2008)
O. OGE DAEOGRAM, DO-93-024, Answers to Recurring Questions about Fundraising
(August 25, 1993)
P. OGE DAEOGRAM, DO-94-013, Fundraising Activities (March 22, 1994)(collection of
nonmonetary items such as food and clothing does not require OPM permission)
Q. OGE LEGAL ADVISORY, LA-12-08, A Reminder about Holiday Gifts & Fundraising
(December 7, 2012)
R. Army Guidance:
1. AR 600-29, Fund-Raising Within the Department of the Army (7 June 2010)
2. AR 930-4, Army Emergency Relief (22 February 2008)
3. AR 608-1, Army Community Service (13 March 2013) [Appendix J, paragraph J-7
Family Readiness Groups informal funds and paragraph J-8 Family Readiness Groups
external fundraising]
4. AR 360-1, The Army Public Affairs Program (25 May 2011)
5. AR 210-22, Private Organizations on Department of the Army Installations (22
October 2001)
S. Navy Guidance:
1. SECNAVINST 5340.7, Active Duty Fund Drive in Support of the Navy-Marine
Corps Relief Society (NMCRS) (8 February 1999)
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2. SECNAVINST 5340.2D, Fund Raising and Solicitation of Department of Navy
(DON) Personnel, Military and Civilian, in the National Capital Area (NCA) (23
September 1999)
3. SECNAVINST 5720.44C, Department of the Navy Public Affairs Policy and
Regulations (21 February 2012)
T. Marine Corps Guidance:
1. MCO 5726.14F, U.S. Marine Corps Reserve Toys for Tots Program (4 March 2004)
2. Standard Operating Procedures; Toys for Tots; Local Toys of Tots Campaigns (2012
Edition)
http://toysfortots.org/about_toys_for_tots/coordinators_corner/2012%20TFT%20SOP.pdf
U. Air Force Guidance:
1. AFI 34-223, Private Organizations (PO) Programs (8 Mar 2007 incorporating Change
1, 30 Nov 2010)
2. AFI 36-3101, Fundraising Within the Air Force (12 July 2002) [addresses CFC]
[check for supplements, such as AFI 36-3101-62AWSUP1]
3. AFI 36-3109, Air Force Aid Society (AFAS) (5 March 2004)
V. DoD General Counsel:
1. DoD Military Ball Guidance (Participation in Military Balls Sponsored by Non-
Federal Entities and Fundraising)(Revised April 14, 2004)
(http://www.dod.mil/dodgc/defense_ethics/resource_library/military_ball_guidance.p
df)
2. Guidance on Analyzing Invitations to DoD Officials to Participate in Fundraising
Activities and to Accept Gifts Related to Events (DoD General Counsel Memo of
August 18, 1997)
(http://www.dod.mil/dodgc/defense_ethics/dod_oge/analyzing_invitations.htm)
W. Internet Locations of Referenced Materials:
1. C.F.R.: http://www.ecfr.gov/
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2. JER: http://www.dod.mil/dodgc/defense_ethics/
3. Federal statutes: https://www.usa.gov/laws-and-regs
4. Comptroller General: http://www.gao.gov/legal/index.html/
5. Executive Orders:
http://www.archives.gov/federal-register/executive-orders/index.html
6. Office of Legal Counsel (DOJ) opinions: http://www.usdoj.gov/olc/opinions.htm
7. DoD Directives and Instructions: http://www.dtic.mil/whs/directives/
8. Office of Government Ethics: http://www.oge.gov
9. CFC: https://www.opm.gov/combined-federal-campaign/
10. Army publications: http://www.apd.army.mil/
11. Air Force publications: http://www.e-publishing.af.mil/
12. Navy publications: http://doni.daps.dla.mil/default.aspx
II. ETHICS PRINCIPLES COMMONLY INVOLVED (SEE 5 C.F.R. § 2635.101).
A. Public service is a public trust, requiring employees to place loyalty to Constitution,
the laws and ethical principles above private gain (Principle #1).
B. Employees shall not use public office for private gain (Principle #7).
C. Employees shall not give preferential treatment to any private organization or individual
(Principle #8).
D. Employees shall not use Government property for other than authorized purposes
(Principle #9).
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III. ANALYTICAL METHOD TO EVALUATE FUNDRAISING ISSUES.
A. Fundraising is complicated because no comprehensive fundraising regulation exists.
Instead, it is governed by independent, overlapping, and unrelated regulations. Answering
the following questions facilitates accurate and consistent analysis of questions involving
fundraising.
B. Is it within the definition of “fundraising”? What kind of “fundraising” is this? Are DoD
personnel being asked to solicit funds or gifts-in-kind? (Funds for charities, funds for
others, gifts-in-kind?)
C. What kind of NFE is involved?
D. Where is the fundraising being conducted? In the Federal workplace?
E. Is DoD or DoD personnel being asked to endorse a fundraising effort or solicitation? If
so, are DoD personnel being asked for an official or personal endorsement?
F. Is DoD or DoD personnel being asked to support events or other efforts involving
fundraising? If so, are DoD personnel being asked for official support or personal
support?
G. Is the fundraising for a partisan political event, party, or cause?
IV. FUNDRAISING DEFINED.
A. “Solicitation” (fundraising) per CFC Regulations “means any action requesting money
either by cash, check or payroll deduction on behalf of charitable organizations.”
5 C.F.R. § 950.101.
1. It does not include collection of gifts-in-kind, such as food, clothing, and toys.
See V.C., below.
B. “Fundraising” is defined in the Standards of Ethical Conduct for Employees of the
Executive Branch (5 C.F.R. § 2635.808) as “the raising of funds for a nonprofit
organization, other than a political organization as defined in 26 U.S.C. § 572(e),
through:
1. Solicitation of funds or sale of items; or
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2. Participation in the conduct of an event in which any portion of the cost of attendance
or participation may be taken as a charitable tax deduction by the person incurring
that cost.” See 5 C.F.R. § 2635.808(a)(1).
a. Such participation means “active and visible participation” in the promotion,
production, or presentation of the event. It includes, e.g., serving as an honorary
chairperson, sitting at a head table during the event, standing in a reception line,
or being a celebrity judge.
b. The term does not include:
(1) mere attendance (which may include a group's brief acknowledgement
[standing briefly in the audience or on stage] of receipt of an award, but does
not include such an acknowledgement if the award is used by the organization
to promote the event); and
(2) delivery of an official speech or any seating or other participation appropriate
to such delivery (which may include acceptance of an award in conjunction
with the official speech). [Note: The definition of “participation” explicitly
excludes “mere attendance” and “official speeches.” See 5 C.F.R. §
2635.808(a)(2).]
C. The term fundraising is also commonly used in conjunction with raising funds for groups
that are not 501(c)(3) charitable or non-profit organizations (e.g., parent groups, school
projects, Spouses’ Clubs, military ball committees, etc.), or collection of gifts-in-kind,
rather than funds. These fundraising activities are not subject to restrictions that apply to
the definitions in A. & B., above. See V., below, for applicable restrictions.
V. OFFICIAL SUPPORT OF SOLICITATION OF FEDERAL PERSONNEL.
A. Combined Federal Campaign (CFC).
“Western philosophers, theologians, and statesmen of widely varying viewpoints have
affirmed for over two thousand years that charity-the feeding of the hungry, the healing
of the sick, and the educating of the ignorant-has a claim on the human conscience that
transcends political differences. In response to this ancient claim, the federal government
conducts an annual charitable drive among federal employees known as the Combined
Federal Campaign.” NAACP Legal Defense & Educational Fund, Inc. v. Devine, 727
F.2d 1247 (D.C. Cir. 1984) (Starr, J. dissenting), rev’d, Cornelius v. NAACP Legal
Defense & Educational Fund, Inc., 473 U.S. 788 (1985).
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1. History of Charitable Fundraising within the Federal Government.
a. Fundraising for charitable organizations in the Federal workplace can be traced to
the late 1940’s.
“Prior to the 1950’s, on-the-job fundraising in the federal workplace was an
uncontrolled free-for-all. Agencies, charities, and employees were all ill-used
and dissatisfied. Some of the problems cited were:
* Quotas for agencies and individuals were freely established and supervisors
applied pressure to employees.
* Designations were not allowed.
Even with the frequency of on-the-job solicitations, total receipts for charitable
causes that were worthy of employee support were minor. In many cases,
employees donated their pocket change. http://www.opm.gov/combined-federal-
campaign/
Because no system-wide regulations were in place to provide for orderly
procedure, fundraising frequently consisted of passing an empty coffee can from
employee to employee. Eventually, the increasing number of entities seeking
access to federal buildings and the multiplicity of appeals disrupted the work
environment and confused employees who were unfamiliar with groups seeking
contributions. Executive Orders 12353 and 12404 As They Regulate the
Combined Federal Campaign (Part 1), Hearings before the House Committee on
Government Operations, 98th Cong., 1st Sess., 67-68 (1983).
b. Prior to 1957, there were no government-wide rules governing solicitation by
charitable organizations in the federal workplace. In some federal facilities
managers did not permit any solicitation; in others, there were no restrictions, and
solicitations occurred so frequently that they disrupted the workplace. Federal
officials in some facilities "were besieged by dozens of agencies seeking
endorsements and the privilege of soliciting employees on the job." U.S. Civil
Service Comm'n., Manual on Fund-Raising Within the Federal Service for
Voluntary Health and Welfare Organizations Section 1.1 (1977).
c. In 1957, President Eisenhower promulgated procedures for a program of
charitable solicitation in the federal workplace and established in the President's
Committee on Fund-Raising Within the Federal Service to review and modify the
fund-raising program. Exec. Order No. 10,728, 22 Fed. Reg. 7219, Establishing
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the President’s Committee on Fund-Raising Within the Federal Service (Sept. 6,
1957).
d. In 1961, President Kennedy abolished the Committee and directed the Chairman
of the Civil Service Commission to "make arrangements for such national
voluntary health and welfare agencies and such other national voluntary agencies
as may be appropriate to solicit funds from Federal employees and members of
the armed forces at their places of employment or duty stations." Exec. Order No.
10,927, 26 Fed. Reg. 2383, Abolishing the President’s Committee on Fund-
Raising within the Federal Service and Providing for the Conduct of Fund-
Raising Activities (Mar. 18, 1961). The program developed in response to this
directive came to be known as the Combined Federal Campaign.
e. In 1983, President Reagan issued Executive Order No. 12353 to replace the 1961
Executive Order which had established the CFC. The new Order retained the
original limitation to “national voluntary health and welfare agencies and such
other national voluntary agencies as may be appropriate” and delegated to the
OPM Director the authority to establish criteria for determining appropriateness.
Shortly thereafter, the President amended Executive Order No. 12353 to specify
the purposes of the CFC and to identify groups whose participation would be
inconsistent with those purposes. Executive Order No. 12404. The Order
specifically excluded those “[a]gencies that seek to influence the outcomes of
elections or the determination of public policy through political activity or
advocacy, lobbying, or litigation on behalf of parties other than themselves.”
Section 2(b)(3) of Executive Order 12404.
f. In Cornelius v. NAACP Legal Defense & Educational Fund, Inc., 473 U.S. 788
(1985), the U.S. Supreme Court held that the government did not violate the First
Amendment by excluding legal-defense and political-advocacy organizations
from participation in the Combined Federal Campaign (CFC), a charity drive
directed at federal employees. The Court reasoned that the CFC was a "nonpublic
forum," id. at 806; that, under this Court's decisions, control over access to a
nonpublic forum may be based on subject matter and speaker identity as long as
the distinctions drawn are "reasonable in light of the purpose served by the
forum" (and viewpoint-neutral), ibid. (citing Perry Educ. Ass'n v. Perry Local
Educators' Ass'n, 460 U.S. 37, 49 (1983)); and that it was reasonable for the
government to exclude the speakers in question, because they would "disrupt" the
fund-raising program and "hinder its effectiveness for its intended purpose," id. at
811. Under the Court's "forum analysis," id. at 800, the program at issue in
Cornelius was deemed property that was not a public forum and the government
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was deemed to be acting, not as sovereign, regulating the speech of the citizenry,
but simply as the owner of the property. In that circumstance, the Court made
clear, restrictions on the speech of those permitted to use the property are
reviewed deferentially, because "the Government, 'no less than a private owner of
property, has power to preserve the property under its control for the use to which
it is lawfully dedicated.'" Ibid. (quoting Greer v. Spock, 424 U.S. 828, 836
(1976)).
2. OPM Issues Final Rule to Amend the Combined Federal Campaign Regulations, 79
Fed.Reg. 21,581 (April 17, 2014) to replace 5 CFR Part 950. Effective date:
January 1, 2016.
a. In 2011, the CFC celebrated its 50
th
anniversary. In connection with this landmark
anniversary, OPM announced the formation of the CFC–50 Commission. The
Commission, formed under the Federal Advisory Committee Act, was asked to
study ways to streamline and improve the program; improve accountability,
increase transparency and accessibility and make it more affordable.
The Commission delivered its report to the OPM Director on July 20, 2012.
The report contained 24 recommendations for improvement in the following
areas: donor participation, CFC infrastructure, and standards of accountability and
transparency. After OPM issued the proposed rule to amend the CFC in April
2013, OPM received over a thousand comments which were considered for
changes represented in the final rule. Some of the changes from the proposed rule
to the final rule include:
Solicitation Period: The Director of OPM will be given the authority to annually set
the dates for the campaign period, but that it shall start no earlier than September
1 and end no later than January 15. While the CFC-50 Commission recommended
expanding the solicitations period into January to give employees an opportunity
to contribute after the holidays, OPM agreed with many comments it received that
the CFC solicitation period should not be lengthened. The new rule gives the
Director the flexibility to determine the solicitation period from year to year based
on the input from the CFC’s stakeholders.
Immediate Eligibility. Under current regulations, new employees may not begin
participating in the CFC until the next scheduled campaign solicitation period
begins. OPM proposed to amend its regulation at § 950.102 to allow new
employees to make CFC pledges immediately upon entering Federal service.
Under OPM’s proposal, new employees would be provided information on the
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CFC at orientation and be able to make pledges within 30 days of being hired if
hired outside of the solicitation period. This will enable those employees who
wish to make an immediate contribution to do so.
Disaster Relief Program. Under current regulations, the OPM Director is authorized
to allow special solicitations to respond to disasters. There is no standing
mechanism in place, but rather each disaster requires a new authorization from the
Director for a special solicitation period. OPM proposed to create a permanent
structure to streamline and facilitate solicitations tied to disaster relief.
Accordingly, OPM proposed to amend its regulations at § 950.102 to provide for
the creation of a Disaster Relief Program that would be available to donors within
hours after a disaster.
Local Federal Coordinating Committees (LFCCs): LFCCs are still a vital
stakeholder to the CFC. Local ownership of campaigns still resides with the
LFCCs - their responsibilities are simply altered to focus on campaign promotion
and employee engagement, such as reviewing charity applications and finding
outreach coordinators and fundraisers at the local level.
Outreach Coordinators: similar to the current marketing functions performed by
PCFOs, Outreach Coordinators will be responsible for assisting the LFCCs in
continuing to provide expertise in employee engagement and a local touch to the
campaign.
Electronic Giving and Processing: Cash contributions are eliminated; however
checks will be accepted and processed electronically. This will reduce campaign
expenses due to the higher cost associated with processing cash contributions. Our
research demonstrates that for the campaigns that have access to online giving,
less than 10% of donations came through cash donations in 2012. In addition,
electronic giving is exploding in growth, and overall (for the campaigns that
possess online giving capabilities), the total of electronic giving is on the rise.
Paper Charity Lists and pledge forms will be made available for the first five
campaign periods after the rule is implemented. These documents will be made
available exclusively through electronic means thereafter. This reduces campaign
costs and the CFC’s carbon footprint.
Charity Application Fees: All charities will pay a non-refundable application fee.
Those that are approved may be charged an additional listing fee. These will help
to recover the administrative costs that charities pay to participate in the CFC.
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Any additional costs will be covered through distribution fees, similar to the
current process of deducting campaign costs from charity distributions.
Payroll Deduction Disbursements: Federal payroll offices will disburse and provide
detailed reports to the Central Campaign Administrator that will distribute funds
to the charities designated by CFC donors. This streamlines the current
distribution process by moving from 150+ CFC financial centers to one or a few
Central Campaign Administrators (CCA).
3. The CFC is held annually and is the only authorized solicitation of Government
personnel in the Federal workplace on behalf of charitable organizations. DoD
personnel may be authorized to engage in such fundraising. See 5 C.F.R. Part 950
and 5 C.F.R. § 2635.808.
4. The CFC is intended to reduce disruptions in the Federal workplace by consolidating
all approved solicitations into a single, annual, officially supported campaign.
Solicitations that occur on the Federal installation, but outside of the Federal
workplace, and solicitations by organizations that do not affiliate with the CFC (other
than those specifically outlined in 5. C.F.R. § 950.102, see sections below) may
create additional disruptions and compete with the CFC for donations. Except as
discussed below, no other solicitations on behalf of charitable organizations may be
conducted in the Federal workplace or on a Federal installation. See 5 C.F.R. §
950.102(a)-(d).
5. Ethics officials should work with CFC coordinators from the start of the campaign to
ensure that fundraising events and strategies comply with the spirit and letter of
applicable regulations. Fundraising events must be in compliance with statutes and
regulations; truly voluntary; appropriate under the circumstances (not embarrassing or
unfavorable to DoD, DoD personnel, or the CFC); and appropriate for the use of
taxpayer funds. Guidance on CFC fundraising and innovative techniques follows.
Note that because the CFC is an official program, most of the techniques discussed
below may not be permitted to support other organizations.
a. Be Aware: DoD personnel may not solicit individuals or entities that are not
Federal personnel (including contractor employees) for prizes or other incentives
or to make contributions to the CFC. Contractor employees, credit union
employees, and other persons present on Federal premises, as well as retired
Federal personnel, however, may make voluntary single contributions to the CFC
through checks, money orders, cash, or by electronic means, including credit
cards. 5 C.F.R. § 950.103(g). Remember no solicitation!
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b. Contributions must be truly voluntary. The DoD Directive guarantees freedom
of choice to give or not to give, and guarantees confidentiality of donation
decision. Be alert for undue command pressure to contribute. Requests from a
senior to a junior, particularly if they are in the same chain of command,
inherently may be perceived as coercive. Tracking and requiring that 100 per cent
of the personnel are contacted is permissible; tracking contributions is not. Watch
for subtle actions like donor badges or ubiquitous awards that identify non-
contributors. See 5 C.F.R. § 950.108, Preventing coercive activity.
c. Fundraising events such as car washes, bake sales, and races are permitted by 5
C.F.R. § 950.602, Solicitation methods. If a special fundraising event is
approved, the donor must be given the option of designating a participating
organization or the donor must advised that the proceeds will be donated to the
CFC as an undesignated contribution. Note that unit fundraising for CFC should
be similarly broadly aimed. See SOCO Advisory 09-07 on CFC issues generally.
d. Lotteries and raffles are permitted by 5 C.F.R. § 950.602 (b), when in
compliance with gambling regulations and approved by agency head in
accordance with agency regulations. Chances to win must be disassociated from
the amount of contributions, if any. Raffle prizes should be modest in nature and
value. Examples of appropriate raffle prizes may include opportunities for lunch
with Agency Officials, agency parking spaces for a specific time period, and gifts
of minimal financial value. Any special CFC fundraising event and prize or gift
should be approved in advance by the Agency’s ethics official. (See guidance on
gambling, V.A.5., below, in this section.)
e. Use of appropriated funds is authorized, but limited. Appropriated funds may
be used when the proper authority reasonably determines that the proposed
expenditure is logically connected to the appropriation's purpose, and that no
statute prevents it. The use of appropriated funds is usually limited to expenses
related to kick-offs, victory events, awards, and other events to build support for
the CFC. The use of appropriated funds for refreshments or personal gifts (other
than campaign worker recognition awards or prizes) is not authorized. Prizes
must comport to fiscal law. See paragraph 4.4. of DoDI 5035.01. The
expenditure of appropriated funds for any other item or activity that is not
essential to support the CFC is not authorized. Appropriated funds cannot be used
to conduct fundraising events. In making the determination, managers should be
mindful of all the surrounding circumstances, including the amount of the
proposed expenditure, the benefit expected to be gained, the importance to the
mission served by the appropriation, prior Departmental practice, and possible
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public perceptions as to the appropriateness of the expenditure. Be aware that the
authority to use appropriated funds is not consistent among Federal agencies.
Compare IRS Purchase of T-Shirts for Employees Contributing Certain Amounts
to the Combined Federal Campaign, 70 Comp. Gen. 248 (February 8, 1991) (The
IRS may not use appropriated funds to purchase T-shirts for employees
contributing certain amounts to the Combined Federal Campaign) with Invoice to
IRS for that Agency’s Share of CFC Solicitation Expenses Incurred in Northern
Utah in 1985, 67 Comp. Gen. 254 (February 12, 1988) (“that agencies may
expend appropriated funds to support efforts to solicit contributions to the CFC
from their employees.”).
f. Overseas program may receive installation-level CFC administrative and
logistical support and the use of military aircraft to transport CFC materials on a
"space available" basis. DoDI 5035.05.
g. Because the CFC is an official program, limited use of resources may be
authorized in support. Use of DoD facilities, installations, or equipment, such as
tours of warships, rides in military aircraft, and tours of historic base housing may
be permitted by local commands and organizations. (Each must resolve issues of
appropriate use of resources and interference with mission.) [Note: AF does not
permit charging for tours of AF base housing, even for CFC or AFAS. See
OpJAGAF 1997/59 (1 May 1997).] Awards or incentives derived by waiving
regulations or similar rules, such as contributor casual day (exemption from
uniform requirement) or time off work, are not allowed. May also officially
provide logistical support to CFC events (JER 3-211).
h. DoD CFC personnel sometimes ask senior officials to volunteer their status,
position, and time as prizes for auctions or other fundraising events. For example,
prizes could include a round of golf with the agency head, donuts served to an
office by the installation commander, or use of a prime reserved parking spot.
While senior officials may offer such personal contributions, the prerequisite that
all contributions to the CFC be truly voluntary applies to them as well as to less
senior employees. Special favors, privileges, or entitlements are impermissible.
Be careful not to place inappropriate pressure on senior officials to volunteer for
CFC activities. Also ensure that personal-service prizes are not inappropriate or
potentially embarrassing.
i. Commanders and organizations may officially endorse CFC (including use of title
and position). JER 3-210. (See also Example 1 to 5 C.F.R. § 2635.808 (b)). This
authority does not apply to individual charities within CFC. Note that the
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suggestion in the initial OPM Katrina Relief memorandum that agencies could
“adopt” hurricane–related charities is not a universal change to this policy:
"Individual Departments and Agencies (or subcomponents) may want to consider
adopting one or more CFC-participating charities with hurricane relief programs
and focus their campaign activities to the benefit of those charities."
Excerpted from Director, OPM, Hurricane Katrina Disaster Relief Memo August
31, 2005
j. Don't forget – Just because something was done in the past does not mean that it
is now permitted. If past activity violated the rules, it cannot be used as precedent
to authorize such action in the future.
6. CFC lotteries or raffles must comply with gambling regulations. (Also applies to all
other fundraising related to Federal personnel or property.)
a. The Office of Personnel Management (OPM) at 5 C.F.R. § 735.201 prohibits
civilian employees from gambling while on duty or while on Government-owned
or leased property, unless necessitated by the employee's official duties or unless
an agency approved activity. (Be aware of local or state law that may prohibit
such activity.)
b. JER 2-302 prohibits DoD personnel from gambling on Federally owned or leased
property or while on official duty. (Several exceptions exist, including an
exception for organizations composed primarily of DoD personnel or their
dependents when fundraising among their own members for the benefit of welfare
funds for their own members or their dependents when approved by the head of
the DoD Component command or organization after consultation with the DAEO
or designee, and subject to the limitations of local law or regulations, and other
JER provisions.)
c. Gambling is also prohibited by Federal building and grounds regulations. For
GSA Federal property, see 41 C.F.R. § 102-74.395; for the Pentagon and Navy
Annex, see 32 C.F.R. Part 234.
d. Gambling Defined: Gambling is generally considered to have three elements:
(Federal statutes may apply. See United States v. DiCristina, 886 F.Supp.2d 164
(E.D.N.Y. 2012)(U.S. District Judge Jack Weinstein reversed federal conviction
against man accused of running an illegal underground poker club in violation of
the Illegal Gambling Business Act (IGBA), 18 U.S.C. § 1955, declaring that
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poker is more a game of skill than chance. Reversed because “Texas Hold’em”
poker was not covered by the IGBA), reversed, 726 F.3d 92 (2d Cir.
2013)(finding that the plain language of the IGBA covers defendant’s poker
business even if the game involves more skill than luck), cert. denied, --- U.S. ---,
134 S.Ct. 1281, 188 L.Ed.2d 299 (2014). State statutes or case law may pertain,
but see Brooklyn Daily Eagle v. Voorhies, 181 F. 579 (C.C.N.Y 1910).)
(1) Consideration (betting something of value, usually money),
(2) A game of chance, and
(3) An offering of a reward or prize.
(4) Events that do not include all of these elements are NOT considered to be
gambling. Clever fundraisers have developed lottery-type games, door prizes
and similar events that are not gambling. For example, a drawing using a
CFC pledge card, when it is clear that the pledge card may include no
contribution at all, is not gambling because the participants in the drawing are
not required to furnish consideration to enter the drawing. Be aware,
however, because some overzealous fundraisers may fail to indicate in their
solicitations that no contribution is required.
e. The rules on lotteries are discussed in Matter of: Prize Drawing by General
Services Administration’s Public Buildings Service, Comp. Gen. Dec. B-286536,
November 17, 2000.
B. Fundraising For Emergencies And Disasters.
1. The Director, OPM, upon written request, may permit solicitations of Federal
personnel to support victims of emergencies and disasters (5 C.F.R. § 950.102). The
Director may only approve solicitations that are outside the officially established CFC
period, unless there are extraordinary circumstances. Hurricane Katrina was not such
an emergency. See V.A.2.i., above.
2. See Combined Federal Campaign Special Solicitations for Disasters & Emergencies
(http://www.opm.gov/cfc/disasters/index.asp). Contact Office of the Director of CFC
at OPM ((202)-606-2564) or email at cfc.opm.gov for information to conduct
disaster-related workplace fundraising (special solicitations).All requests should be in
writing and sent to: Director, U.S. Office of Personnel Management, 1900 E Street,
NW, Room 5450, Washington, D.C. 20415. The request should include: background
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on the emergency or disaster that is being addressed by the fundraiser; information on
the agency(ies) and locations(s) where the fundraiser will be conducted; dates of the
fundraiser; and information on the charitable organization(s) that will be the recipient
of the funds.
3. Examples: Director, OPM, Special Solicitation for Victims of Hurricane Sandy
(November 2, 2012)
http://www.chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=5121
Director, OPM, Relief and Reconstruction Efforts for Victims of the Japanese
Earthquake and Tsunami (March 23, 2011)
http://www.chcoc.gov/Transmittals/Attachments/trans3702.pdf)
Director, OPM, Special Solicitation for Haitian Earthquake Relief, January 14, 2010
(http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?
TransmittalId=27890)
Director, OPM, Hurricane Disaster Relief Memo, September 1, 2005,
CFC Memorandum 2005-10: HURRICANE Katrina, Rita, and Wilma RELIEF
CONTRIBUTIONS AND THE COMBINED FEDERAL CAMPAIGN
CFC Memorandum 2005-1: Processing Special Solicitations for Victims of the Asian
Earthquake and Tsunami Disaster (http://opm.gov/cfc/opmmemos/2005/2005-
1.asp).
4. Practical Advice --- leave fundraising to the professionals. Identify established
charitable organizations with disaster relief missions and direct donors to those
organizations. Often the CFC website will list charitable organizations.
a. Advantages. Established charities have the resources and experience to receive,
account for, and distribute donations (and tax-exempt status!).
b. Avoid preferential treatment to any particular organization. Implement objective
criteria for referral of donors.
5. Again, Be Aware: DoD personnel may not solicit individuals or entities that are
not Federal personnel (including contractor employees) for prizes or other incentives
or to make contributions to the CFC. Contractor employees, credit union employees
and other persons present on Federal premises, as well as retired Federal personnel,
however, may make voluntary single contributions to the CFC through checks,
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money orders, cash, or by electronic means, including credit cards. 5 C.F.R. §
950.103(g).
6. May officially endorse (including use of title and position) approved emergency and
disaster solicitations. JER 3-210.a(2)
a. For a summary of fundraising and other disaster-related ethics issues, See
Antolin-Jenkins and Epstein, “How Can We Help? Ethics Issues in Disaster
Relief,” Federal Ethics Report, CCH, November 2001.
C. Gifts-In-Kind: Neither the OPM nor OGE regulations apply to the collection of gifts-in-
kind, such as food, clothing and toys. Note: This can be a key exception for many
traditional collection efforts including food drives, coats for the homeless, and toys for
children (5 C.F.R. § 950.102(b)). Still must comply with other regulations applicable to
solicitations.
1. Again, Be Aware: DoD personnel in their official capacities may not solicit
individuals or entities that are not Federal personnel (including contractor employees)
(5 C.F.R. § 2635.202(a)).
2. Generally, Commanders approve this type of solicitation to be held in public areas of
government buildings, such as lobbies or other entranceways.
a. Site regulations: On GSA controlled property, personnel may not solicit alms,
including non-monetary items, unless sponsored or approved by the occupant
agencies (41 C.F.R. § 102-74.410). OGE advises that this regulation does not
prohibit employees from placing collection boxes in public parts of building to
collect food or clothing for charity (DO-93-024 (August 25, 1993); DO-94-013
(March 22, 1994)).
b. On DoD controlled property, Commanders may approve use of areas that are
outside of the Federal workplace. (The workplace is where the employee
normally performs his or her duties.) See V.D., below.
D. Outside the Federal Workplace: The OPM regulations do not apply to solicitations of
Federal personnel outside of the Federal workplace (5 C.F.R. § 950.102(b)). Note,
however, that the OGE regulations do apply. See VI., below, for a more thorough
discussion of their application.
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1. Agency heads may define Federal workplace, consistent with GSA and other
regulations (5 C.F.R. § 950.102(b)). Generally, workplace is the site for the
performance of work.
2. The Secretary of Defense, at JER 3-211.b. and 3-300.a.(2), delegated this
determination to the heads of DoD component commands or organizations. They
may determine which areas, if any, of the DoD installation are outside of the Federal
workplace. For example, the housing area may be designated as outside the Federal
workplace.
3. See subparagraphs 3 and 4.7 of DoDI 5035.01, which requires the heads of DoD
Component organizations to consider, when reviewing requests “by organizations
composed of civilian employees or members of the Uniformed Services among their
own members for organizational support, or for the benefit of specific member
welfare funds,” to raise funds outside the CFC, the negative effects of soliciting on
Federal installations, even when outside the Federal workplace, as they may create
additional disruptions and possibly compete with the CFC for donations. The CFC is
intended to reduce disruptions in the workplace by consolidating all approved
solicitations into a single, annual, officially supported campaign. Fund-raising
solicitations conducted by organizations composed of civilian employees or members
of the Uniformed Services among their own members for organizational support, or
for the benefit of specific member welfare funds, are permitted and may be conducted
in the workplace. Again, such solicitations should be limited in number and scope
during the official CFC period in order to minimize competition with CFC.
E. Organizations of Federal Personnel: The OPM regulations do not apply to solicitations
conducted by organizations composed of Federal personnel among their own members
for organizational support or the benefit of welfare funds for their members, in
accordance with policies and procedures established by the pertinent agency (5 C.F.R.
§ 950.102(d)). If, for example, contractors are solicited for funds or other support, then
the rules prohibiting fundraising in the workplace are applicable.
1. Subsection 3-210.a. of the JER establishes the DoD policy and procedure. Because it
is an agency regulation, it also provides the authority for (in accordance with 5 C.F.R.
§ 2635.808(b), the OGE fundraising regulation), and defines the extent of, official
participation in such fundraising, whether on or outside the Federal workplace.
2. It provides that DoD personnel may officially endorse membership drives or
fundraising for the following organizations.
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a. Military Relief Societies. The Military Departments have issued their own
specific guidance outlining permissible support:
(1) Army: AR 930-4, Army Emergency Relief (22 February 2008)
(2) Navy: SECNAVINST 5340.7, Active Duty Fund Drive in Support of Navy-
Marine Corps Relief Society (NMCRS) (8 February 1999) (At paragraph 3.d,
the Navy permits raffles and lotteries in support of Navy-Marine Corps Relief
Society, if in accord with local law and site regulations. This authorization
does not extend to casino-type games of chance.)
(3) Air Force: AFI 36-3101, Fundraising Within the Air Force (12 July 2002)
b. Other Organizations: Organizations composed primarily of DoD employees or
their dependents when fundraising among their own members for the benefit of
welfare funds for their own members or their dependents when approved by the
head of the DoD Component command or organization after consultation with the
DAEO or designee. See JER 3-210.a(6). NOTE: Organizations composed of
civilian employees and armed forces members have been recognized by
Presidential Executive Orders dating back to 1957. See e.g., Section 7 of
Executive Order No. 10728 (1957); Section 3 of Executive Order No. 10927
(1961); Section 7 of Executive Order No. 12353 (1983). Cannot include
contractors.
c. National Guard: Charitable, community, or civic organizations as identified in 32
U.S.C. § 508, Assistance for certain youth and charitable groups (eligible
organizations include the Boy Scouts, Girls Scouts, Boys Clubs, YMCA, YWCA,
Civil Air Patrol, US Olympic Committee, the 4-H Club, Police Athletic League,
and other youth or charitable organizations designated by SECDEF)
d. Innovative Readiness Training: DoDD 1100.20, when approved by head of DoD
component command or organization after consultation with DAEO or designee.
3. Except for support authorized by the Military Departments for their relief societies,
see above, any support other than endorsement must be authorized in accordance with
paragraph 3-211.b. of the JER.
F. Non-Charitable Fundraising.
1. On GSA controlled property, no one may solicit alms (including non-monetary
items), or commercial or political donations. Collection of non-monetary items may
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be authorized when sponsored or approved by occupant agencies. (41 C.F.R. § 102-
74.410). OGE advises that this regulation does not prohibit employees from placing
collection boxes in public parts of building to collect food or clothing for charity.
(OGE DAEOGRAM DO-93-24 (August 25, 1993); OGE Informal Advisory 93x19,
Answers to Recurring Questions About Fundraising, August 25, 1993; OGE
DAEOGRAM DO-94-13 (March 2, 1994)).
2. On DoD controlled property, Commanders may approve, on a limited basis, the use
of areas that are outside of the Federal workplace (such as public entrances to base
and post exchanges, community support facilities, or personal quarters) for DoD
personnel's purely personal, unofficial volunteer efforts to support such fundraising
(Spouse clubs, DoD school projects, etc.), as long as the efforts do not imply DoD
endorsement. See JER 3-300.a.(2).
G. Toys For Tots.
1. The Toys for Tots program is an official activity of the Marine Corps, and an official
mission of the Marine Corps Reserve (Marine Corps Order 5726.14F).
a. Marine Corps resources and personnel are utilized in accordance with MCO
5726.14F.
b. As Toys for Tots is not soliciting for the welfare of its own members, it does not
qualify as a JER 3-210 organization. Use C. and D., above, to analyze requests to
solicit DoD personnel.
H. Entities Leasing Space in GSA Buildings.
1. GSA regulations (41 C.F.R. §§ 102-74.460 et seq.) permit the GSA Building
Administrator to lease portions of GSA buildings to religious and tax-exempt
organizations. The lease allows these groups to solicit in public areas. Such
solicitations are monitored by the GSA Building Administrator.
2. Be Aware: DoD does not qualify for these types of leases. Just because GSA
allows these types of solicitations does not mean that DoD personnel have approval to
do similar things.
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VI. SUPPORT OF OTHER SOLICITATIONS.
A. Official Support Using Logistical Resources (Not Personnel): Such support of
fundraising by NFEs (including all JER subsection 3-210 organizations when fundraising
outside their membership and Toys for Tots [Marine Corps Reserve, See MCO
5226.14F]) must be in accord with JER 3-211.b.
1. Heads of DoD Component commands or organizations may provide, on a limited
basis, the use of facilities and equipment (and the services of DoD personnel
necessary to properly use the equipment) to support charitable fundraising events
sponsored by an NFE when they determine all of the following:
a. The support does not interfere with the performance of official duties (including
the duties of the entire office, not merely the personnel directly concerned) and
does not detract from readiness;
b. DoD community relations with the immediate community (community of interest
[not merely local physical community], not merely sponsoring organization),
legitimate DoD public affairs interests, or military training interests are served by
the support;
c. It is appropriate to associate DoD or concerned component, with the event;
d. The event is of interest and benefit to the local community, DoD component
command or organization providing support, or any other part of DoD;
e. The DoD component command or organization is able and willing to provide the
same support to comparable events sponsored by other similar NFEs; and
f. The use is not restricted by other statutes.
2. Note that these same factors apply to non-charitable NFE-sponsored events, as well
as an additional factor, which requires either free attendance or a reasonable cost for
attendance, or else only incidental DoD support may be provided. Because charitable
fundraisers exceed reasonable cost, by definition, that factor could not be included.
Note, however, that DoDD 5410.18, subparagraphs 4.1.4 and 4.2.5.1, generally
require that DoD support to non-public community relations events, which include
fundraisers, not exceed an incidental level (Enclosure 2, E2.1.14 “Support
(Incidental)” defined).
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3. DoD Commanders must also ensure that such support does not constitute DoD
endorsement or the appearance of DoD endorsement of the entity or the event (JER 3-
209).
4. May use official channels to notify DoD personnel of events of common interest
sponsored by non-Federal entities (JER 3-208).
B. Support Using Personnel in Their Official Capacities: This is one of the most
complicated areas to analyze, as it involves both the OGE fundraising rule and the JER.
1. Official Participation: Except for 5 C.F.R. Part 950, see V. above, DoD personnel
may participate in fundraising only in accordance with 5 C.F.R. § 2635.808(b) (for
official capacity) or (c) (for personal capacity). This section addresses official
capacity and section C. addresses personal capacity.
a. Under 5 C.F.R. § 2635.808(b), DoD personnel may participate in fundraising in
an official capacity only if they are authorized to do so by statute, Executive
Order, or agency regulation. The only DoD authorizations are JER 3-210
(endorsement of certain organizations), the Military Department relief society
regulations. See V.E., above. [For the Army, Public Law 99-145, Section 1459,
as amended by Public Law 104-106, Section 280, allows the Secretary of the
Army to fundraise on behalf of the National Science Center.]
b. When so authorized, DoD personnel may use their official titles, positions,
organizations names or other authority associated with their office.
2. Official Speech: An official speech is not considered to be “active and visible
participation” in fundraising. Accordingly, DoD personnel may deliver an official
speech, which is a speech on a subject matter that relates to their official duties,
provided that DoD has determined that the event provides an appropriate forum for
the dissemination of the information to be presented. Because of the great number of
charitable entities and the prohibition on giving preferential treatment, DoD does not
generally favor delivering official speeches at fundraising events. See, DoD General
Counsel Memo,
Guidance on Analyzing Invitations to DoD Officials To Participate
in Fundraising Activities and to Accept Gifts Related to Events.
(1) Official Duties: The subject matter relates to official duties if it specifically
focuses-
(a) On the individual’s official duties,
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(b) In significant part with any ongoing or announced policy, responsibilities,
programs or operations of DoD (see 5 C.F.R. § 2635.807(a)(2)(i)(E)),
(c) In case of a non-career employee, the general subject matter area, industry,
or economic sector primarily affected by DoD programs or operations (see
5 C.F.R. § 2635.807(a)(2)(i)(E)), or
(d) On matters of Administration policy on which the individual is authorized
to speak.
(e) Note that any other speech is considered active and visible participation
and is prohibited.
(2) Appropriate Forum: The head of the DoD Agency organization (or delegee)
must determine that the event provides an appropriate forum for the
dissemination of the information in the official speech.
(3) When DoD personnel speak at events in their official capacities sponsored by
non-Federal entities (including fundraising events), they must follow both
public affairs guidance and the JER.
(4) DoD Public Affairs Community Relations Policy (DoDD 5410.18, sections
4.1, 4.2, and 4.4) and Implementation (DoDI 5410.19, Enclosure 4): Goal is
to inform the public about DoD, U.S. Armed Forces, and national security.
(a) Since the public official is paid by the taxpayer, the public should not be
required to pay admission to hear a public official speak;
(b) When admission is charged, DoD participation must be incidental and
may not be a primary attraction. Incidental support is defined as support
that has a negligible or minimal impact on the planning, scheduling,
functioning, or audience draw of a public event. Examples are a military
color guard, or three DoD speakers at a conference featuring dozens of
non-DoD speakers. Thumb rule: If the audience would attend the event
even if DoD did not participate, then DoD participation is incidental.
(E2.1.14 of DoD 5410.18);
(c) No preferential treatment;
(d) No release of non-public information;
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(e) Funding programmed for public affairs activities is an integral part of the
O&M fund account of each DoD Component. Except for those
programmed O&M funds, community relations activities shall not involve
any additional cost to the Government;
(f) Views must reflect U.S. Government policy;
(g) Participation may not appear to endorse views contrary to U.S.
Government policy;
(h) Speech text and subject matter may require review and clearance for
security and policy by proper authority (DoDD 5230.9);
(i) May not appear at events staged for controversy or confrontation;
(j) Speaking activity may not associate DoD with partisan political cause or
activity (see VII., below);
(k) May not appear at events at which admission is restricted because of race,
creed, color, national origin, or gender; and
(l) May not appear at events sponsored by groups that restrict membership
based on race, creed, color, national origin, or gender.
(5) Use the factors at 3-211.b. of the JER. See VI.A.1., above.
(a) Because most fundraising events are social in nature, rather than attracting
an audience whose primary interest is focused on defense issues, DoD
must exercise caution and discretion before accepting invitations to speak
at fundraising events.
(b) Personnel may not solicit donations or other support for the nonprofit
organization as it would constitute prohibited fundraising.
(c) Personnel may not endorse the sponsoring organization, the benefiting
non-profit organization, or any other activities of either organization.
(d) Because personnel would be delivering an official speech, the sponsoring
organization may use their titles, positions or organization names to
identify them in connection with the official speech.
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(e) Disclaimers: As titles and positions will generally be used, DoD
personnel must make a disclaimer at the beginning of the speech if they
have not been authorized by appropriate DoD authority to present the
speech as DoD’s position. The disclaimer must state that the views
presented are those of the speaker and do not necessarily represent the
views of DoD and its components. See 5 C.F.R. § 3601.108 and JER 2-
207. Official policy speeches that present an official DoD position and are
so authorized do not require the disclaimer. See 2-207 and 3-211.c. of the
JER. Generally, senior officials are the ones invited to speak at
fundraising events, and they would be authorized to make official policy
speeches.
(6) Sitting at a head table, dining, and viewing any entertainment that is part of
the event is appropriate to the delivery of an official speech and is not
considered to be active and visible participation. See 5 C.F.R. §
2635.808(a)(2).
3. Activities That Are Not “Official Participation”: DoD personnel may merely attend
an event provided that the sponsor does not use their attendance to promote the event.
See 5 C.F.R. § 2635.808(a)(2). Mere attendance may not include active and visible
participation. Attendance in an official capacity is very rare and must comply with
fiscal restrictions.
(1) Problem area: Organizations ask senior officials to visibly participate at
fundraising events, e.g., receive an award, present an award, or accept position
as Honorary Chairperson or as a Celebrity Judge. Senior officials thus
become the "star attraction" for the fundraiser. Such support constitutes
“active and visible participation.”
4. Gifts: Sections 1, 2 and 3, above, merely address whether DoD personnel in their
official capacities may attend a fundraising event, and if so, what they may do. An
entirely different issue is how a gift of free attendance to the event may be accepted.
This is extremely important as the attendance costs are generally expensive. --
Dining and viewing any entertainment that is part of the event are a customary and
necessary part of making a speech and do not involve a gift to the individual or DoD
(5 C.F.R. § 2635.204(g)(1)).
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C. Personal Fundraising and Support of Fundraising Events In a Personal Capacity.
1. Under 5 C.F.R. § 2635.808(c), DoD personnel may fundraise in their personal
capacities (which includes active and visible participation in fundraising events,
merely attending such events, and making non-official speeches at such events)
provided they comply with the following:
a. They do not personally solicit funds or other support from subordinates or entities
that they know are prohibited sources, such as any DoD contractor. Be aware that
they may not solicit contractor employees who work in the Federal workplace.
Other rules apply to special Government employees (SGEs). See 5 C.F.R.
§2635.808(c)(1). Note that this prohibits the solicitation of in-kind support as
well as funds.
(1) Personal solicitation is to request or encourage donations or other support
through person-to-person communication or the use of their name in
correspondence. Solicitations through media, or oral remarks or mass
mailings addressed to many people are not prohibited unless the personnel
know that the solicitation is targeted at subordinates or prohibited sources.
(2) Personal solicitation does not include behind-the-scenes assistance, such as
drafting correspondence, stuffing envelopes, or counting contributions.
b. They do not solicit or otherwise support fundraising in the Federal workplace.
See 3-300.a.(2) of the JER. Such activity disrupts work, competes with the CFC
for donations, invites an abuse of power by superiors, and tempts subordinates to
contribute in order to curry favor with seniors.
(1) Occasionally, personnel will make collections for items like flowers, a book
or even cash, for ill co-workers, or for those with a death in the family. They
are collecting for individuals, not on behalf of a charitable organization, so the
activity is not considered prohibited fundraising. Sometimes, however, the
funds or items collected are given to charitable organizations related to the
illness of the personnel or in memory of the decedent, etc. The collection
does not become fundraising “on behalf” of that organization, even though it
will benefit, because the gift is really to the co-worker or donated on their
behalf. See Chapter on Gifts for rules on gifts to superiors.
(2) Remember, contractors may not be solicited and, if a contractor contributes to
the gift, the gift may not exceed $20.00.
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c. They do not use, or permit others to use, their official titles, positions,
organization names, or any authority associated with their office to assist the
fundraising (5 C.F.R. § 2635.802(c)(2)).
d. Be aware that the personal capacity of very senior officials (Secretary of Defense,
Deputy Secretary of Defense, Secretaries of the Military Departments, and the
Chairman, Vice Chair and members of the Joint Chiefs of Staff), especially for
fundraising, is only minimal, since, in most cases, they are known to the public
only because of their office. Analyze the following criteria on a case-by-case
basis to determine if there is personal capacity: the individual's office, public
awareness of the individual, and past history of association between the individual
and the organization and/or event, and how active and visible the association was.
Usually organizations invite senior DoD officials because of their public office.
In such cases, attendance should be considered to be in their official capacity.
See, DoD General Counsel Memo, Guidance on Analyzing Invitations to DoD
Officials To Participate in Fundraising Activities and to Accept Gifts Related to
Events.
2. With the authorization of DoD Agency organization heads, DoD personnel may
solicit in their personal capacities in designated areas outside the Federal workplace
on Federal installations. See JER 3-300.a.(2) and V.C., D. and F., above, for
additional information.
3. Non-Official Speech: DoD personnel who are delivering a speech that relates to their
official duties (5 C.F.R. § 2635.807) in their personal capacity at a fundraising event
must exercise caution to ensure that there is no confusion or appearance that DoD is
endorsing the event.
a. Personnel must be very careful that their official titles, positions, organization
names, or any other authority associated with their office are not used except as
part of biographical details and are not used prominently. They may use general
terms of address, such as "The Honorable" or rank and Service.
b. Disclaimers: If the speech deals significantly with any ongoing or announced
policy, program or operations of DoD or its components, and their titles and
positions will be used in biographical details, DoD personnel must make a
disclaimer at the beginning of the speech. The disclaimer must state that the
views presented are those of the speaker and do not necessarily represent the
views of DoD and its components. See 5 C.F.R. § 3601.108 and JER 2-207.
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c. Compensation for Speech: (See chapter on outside activities.)
d. Gifts: DoD personnel may be offered gifts of free attendance at fundraising
events.
(1) If DoD personnel, for example, give an official speech, the offer of free
attendance is not considered a gift, so they may accept the offer. 5 C.F.R.
§ 2635.808(a)(2).
(2) If DoD personnel merely attend an event, apply the OGE gift rules discussed
in the Gift Chapter.
(3) Widely Attended Gatherings. To determine the value of the gift, use the cost
of an individual ticket if one is offered to the public to attend. If individual
tickets are not sold, and the personnel will be seated at tables, divide the cost
of the table by the number seated to determine the value of the gift (5 C.F.R. §
2635.204(g)).
VII. FUNDRAISING FOR PARTISAN POLITICAL PARTIES OR EVENTS.
A. Official Capacity.
DoD personnel may not officially support, endorse, or participate in partisan political
fundraising efforts on behalf of candidates or parties (DepSecDef Memo, dated June
19, 2012, Subject: Civilian and Military Personnel Participation in Political
Activities) (http://cpol.army.mil/library/general/elections/depsecdef_06192012.html)
and DoDD 1344.10).
B. Personal Capacity.
1. DoD personnel acting in their personal capacities are limited in such fundraising,
depending upon their status (military members, career civilian, non-career appointee,
career SES), and local political jurisdiction. The short answer is that military
personnel and civilian employees of DoD may not solicit, accept, or receive funds for
partisan political activities. See the Deskbook Chapter, Political Activities, for
guidance on political activities.
VIII. COMMON FUNDRAISING REQUESTS.
A. Golf Tournaments: Some organizations hold golf tournaments to raise funds.
Commonly, charitable groups will solicit corporations for sizeable contributions in return
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for the opportunity for the corporation’s employees to play golf and socialize with senior
Government officials who have been offered free tickets to participate. This situation
presents real and perceived ethical challenges, specifically:
1. Are Government personnel participating in their official or personal capacities?
Answer: Unlikely there is ever a situation in which one may play golf at a fundraiser
in an official capacity. While the particular official may be invited because of the
official’s office, it is unlikely that participation would be included in the official’s
official duties. Additionally, consider the perception of senior military officials
golfing with defense contractors. Apply the “front-page of the newspaper” test.
2. May Government personnel accept the gift of free attendance? See the Chapter on
Gifts. [Hint: See DAEOGRAM DO-07-047 (December 5, 2007)].
B. Military Balls: If a DoD official is making an official speech, he or she may attend in an
official capacity. All others must attend in their personal capacities. Wearing of the
uniform is determined by the individual Service uniform regulation. If there is an offer of
free attendance, it may be accepted if it complies with the OGE gift regulation. See the
Chapter on Gifts. If personnel must travel to attend the event, they must pay their own
way, unless they may otherwise accept a gift of travel expenses. If they will be in the
location because they have traveled officially using Government funds, there must be a
bona fide reason for the travel as it will be subject to increased scrutiny. Moreover,
personnel cannot incur additional lodging, per diem, or costs to attend. Such expenses
are personal expenses and personnel attending in a personal capacity (e.g., non-speaker)
must be in a non-duty status.
C. Requests for DoD Bands: See 10 U.S.C. § 974. Section 591 of the FY 2010 NDAA
amended 10 U.S.C. § 974. Neither Section 591 nor 10 U.S.C. § 974 creates a right for
the use of military bands. These statutes merely authorize commanders to employ bands
under specific conditions. The use of military bands is still subject to existing directives
and regulations, such as DOD 5500.07-R, “Joint Ethics Regulation” and DOD public
affairs policies. Significantly, subparagraph 4.2.4.2 of DOD Directive 5410.18, “Public
Affairs Community Relations Policy” provides:
A military band or choral group, or portion thereof, is NOT logistical
support as defined in enclosure 2 (E2.1.15., "Support (Logistical)") and
is not generally available to support non-Federal entity events.
Providing support at events sponsored by non-Federal entities by
Military Service members in uniform performing in a military band,
choral group, or portion thereof, is particularly inappropriate
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because they convey in that context a strong visual appearance of a
DoD endorsement of the non-Federal entity, its event, or its goals.
When determined to be in the Department's best interest, a military band
or choral group, or portion thereof, may be provided for ceremonial
support of non-Federal entity events that are not used for fund-
raising.
Accord DOD Instruction 5410.19, “Public Affairs Community Relations Policy
Implementation,” subparagraph E2.1.8 (“Social events such as concerts, dinners,
and other entertainment performances sponsored by non-Federal entities do not meet
the criteria for ceremonial support [marching bands, band detachments, and buglers]).
The Assistant Secretary of Defense for Public Affairs, set forth interim guidance in a
memorandum dated November 5, 2009. In accordance with the interim guidance,
performing background, dinner, dance, or other social music at an event that is sponsored
by the Army Emergency Relief, the Navy-Marine Corps Relief Society, and the Air
Force Aid Society is allowed only at events that do not receive support or donations from
prohibited sources and the event is held only for service members or service members
and their immediate families. Military musical units are prohibited from performing at
events sponsored by a military welfare society when solicitation is not limited to the
historical “by our own, from our own, for our own” premise. See Section 7 of Exec.
Order No. 12353 and JER 3-210.a(6).
D. Requests for DoD speaker and/or offer to present award:
1. Often an organization will offer to give an award to a senior DoD official, hoping that
the individual will attend, which will be an attraction to promote increased attendance
at the fundraising event. First, make sure that the award is a bona fide award that
may be accepted under 5 C.F.R. § 2635.204(d). Second, ensure that the official will
make an official speech. If he or she can’t make the speech, then the award may not
be accepted or acknowledged at the event, as it would otherwise constitute active and
visible participation. Most organizations are more than willing to cooperate and do
what is necessary to make it right.
2. If awards are offered to several uniformed personnel, recommend that they be given
immediately prior to the event. The group may briefly acknowledge [standing in the
audience or very briefly on stage] receipt of the award, as long as attendance by the
personnel is not used by the organization to promote the event.
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E. Request for official letter of endorsement or support: Many organizations request
senior officials, such as local Commanders, to sign a letter that endorses the organization,
e.g., USO, AUSA, Joe’s Barbershop. Official endorsements are prohibited. JER 3-209,
5 C.F.R. § 2635.702(c). If appropriate, DoD personnel may sign a factual
acknowledgement and thank-you for services received from the NFE. Be careful, such
thank-you’s may show up in promotional literature or other materials.
F. Serving as Honorary Chairperson: Senior officials are often asked to “lend their
name” as an honorary chairperson for a fundraising event or committee. Permitting the
use of their name constitutes an endorsement. If this is done strictly in the official’s
personal capacity (without mention of office), it is permitted as long as the
correspondence is not targeted to subordinates or prohibited sources. If the official’s
office or position is included, or if the official is recognized primarily because of his or
her public office, such use constitutes an official endorsement, and is prohibited by JER
3-209 and 5 C.F.R. § 2635.702(c).
G. Request for installation Spouses’ Club to hold bake sale: Since the club is an
organization composed of the installation’s personnel and dependents, whose sole
purpose is to support those individuals, and is presumably only fundraising among its
own members (installation personnel), the Commander may endorse the sale. He or she
may also provide the club a place to hold the bake sale (preferably outside the Federal
workplace), as long as similar organizations and spouses' clubs receive the same
treatment. Other support for the fundraiser may be authorized using the analysis in JER
3-211.
H. Fundraising by Impromptu Groups: What about fundraising by groups that are not
charitable or non-profits organizations, such as parent groups raising funds to donate
equipment to their school, or a church group raising funds for an injured member of their
parish, or a group of employees who are collecting for hurricane victims? These groups
don’t qualify for “fundraising” as defined by OGE or OPM.
1. Site Regulations:
a. On GSA controlled property, no one may solicit alms (including non-monetary
items), or commercial or political donations. Collection of non-monetary items
may be authorized when sponsored or approved by occupant agencies. (41 C.F.R.
§ 102-74.410) OGE advises that this regulation does not prohibit employees from
placing collection boxes in public parts of building to collect food or clothing for
charity. (OGE DAEOGRAM, DO-93-024 (August 25, 1993); OGE
DAEOGRAM, DO-94-013 (March 23, 1994).)
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b. On DoD controlled property, Commanders may approve, on a limited basis, the
use of areas that are outside of the Federal workplace (such as public entrances,
community support facilities, or personal quarters) for DoD personnel's purely
personal, unofficial volunteer efforts to support such fundraising (Spouse clubs,
DoD school projects, etc.), as long as the efforts do not imply DoD endorsement.
See 3-300.a.(2) of the JER.
2. Endorsement: No official endorsement. (JER 3-209, 5 C.F.R. § 2635.702(c))
3. Support: Use criteria in JER 3-211.
