Authorization of Solicitations During the Combined Federal Campaign

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 950

RIN 3206-AI53

Authorization of Solicitations During the Combined Federal

Campaign

AGENCY: Office of Personnel Management.

ACTION: Interim Rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim

rule giving the Director the discretion to authorize solicitations upon

written request during the Combined Federal Campaign (CFC). In

extraordinary circumstances, solicitations in support of victims in

cases of emergencies or disasters may be approved. The intended effect

of this rule is to enable the Federal workforce to respond to

emergencies or disasters of catastrophic proportions which may occur

during the CFC.

DATES: Interim rule effective: November 30, 1998; comments must be

received on or before December 30, 1998.

ADDRESSES: Send written comments to Lorraine Lewis, General Counsel,

Office of General Counsel; Office of Personnel Management; Room 7353,

1900 E Street, NW., Washington, DC 20415-1300.

FOR FURTHER INFORMATION CONTACT: Becky Kumar, Office of General

Counsel, Office of Personnel Management, (202) 606-2885.

SUPPLEMENTARY INFORMATION: The recent devastation in Central America

caused by Hurricane Mitch in late October and early November resulted

in over 10,000 deaths and destroyed the homes and communities of many

thousands more. This tragedy provided the impetus for OPM to review its

regulations governing the solicitation of the Federal workforce and to

conclude that there is a need for further flexibility in its

regulations in order to respond to emergencies and disasters of

catastrophic proportions.

The CFC regulations prohibit solicitations of the Federal workforce

apart from those conducted as part of the Combined Federal Campaign.

The CFC was designed to be the one concentrated period during which

Federal employees may be solicited to contribute to all eligible

organizations. The rationale for limiting the CFC to a single period

during the year is to provide Federal employees with a means of

contributing to a wide variety of worthy voluntary organizations, but

to accomplish this with minimal disruption to the work of the

Government.

The regulations contain an exception for solicitations requested in

writing on behalf of victims of emergencies and disasters, with the

limitation that no such solicitations may occur between September 1 to

December 15, the period of the CFC. In our review of this matter, we

have determined on rare occasions, it may be necessary to authorize a

solicitation during this time period. Natural disasters are not subject

to time constraints, and extraordinary occurrences may necessitate

extraordinary relief measures. OPM believes that this time period is of

continuing concern in the future, since, according to the National

Oceanic and Atmospheric Administration, the Atlantic hurricane season

runs from June 1 through November 30 each year and the Pacific

hurricane season runs from May 15 through November 30. Both of these

periods overlap with the CFC.

In light of all of the above, OPM is adding a provision to the

current regulations governing the CFC to allow the Director to

authorize solicitations during the CFC for victims of disasters or

emergencies, upon written request and a showing of extraordinary

circumstances. OPM expects that both the requests and approvals for

such solicitations will be rare.

Regulatory Flexibility Act

I certify that these regulations would not have a significant

economic impact on a substantial number of small entities because they

would only apply to Federal agencies and employees.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists

for waiving the general notice of proposed rulemaking. Also, pursuant

to 5 U.S.C. 553(d)(3), I find that good cause exists to make this rule

effective in less than 30 days. This regulation is needed to provide

the Director with the discretion to authorize solicitations during the

Combined Federal Campaign, in extraordinary circumstances in cases of

emergencies or disasters.

Executive Order 12866, Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 950

Administrative practice and procedure, Charitable contributions,

Government employees, Military personnel, Nonprofit organizations.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

PART 950-- SOLICITATION OF FEDERAL CIVILIAN AND UNIFORMED SERVICE

PERSONNEL FOR CONTRIBUTIONS TO PRIVATE VOLUNTARY ORGANIZATIONS

Subpart A-- General Provisions

1. The authority citation for part 950 continues to read as

follows:

Authority: E.O. 12353 (March 23, 1982), 47 FR 12785 (March 25,

1982). 3 CFR, 1982 Comp., p. 139. E.O. 12404 (February 10, 1983), 48

FR 6685 (February 15, 1983), Pub. L. 100-202, and Pub. L. 102-393 (5

U.SC. 1101 Note).

2. In Sec. 950.102, paragraph (a) is amended by revising the last

sentence to read as follows:

Sec. 950.102 Scope of the Combined Federal Campaign.

(a) * * * No such permissions will be granted for such

solicitations during the period September 1 through December 15, except

at the discretion of the Director upon a showing of extraordinary

circumstances.

* * * * *

[FR Doc. 98-31693 Filed 11-27-98; 8:45 am]

BILLING CODE 6325-01-P