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: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final

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: Final rule effective: June 18, 1999.

FOR FURTHER INFORMATION CONTACT: Becky Kumar, Office of General

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

SUPPLEMENTARY INFORMATION: The devastation in Central America caused by

Hurricane Mitch in late October and early November of 1998 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 that, 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.

On November 30, 1998, OPM published an interim rule allowing the

Director to authorize solicitations during the CFC for victims of

disasters or emergencies, upon written request and a showing of

extraordinary circumstances. The interim rule provided a 30-day period

for public comment. OPM received no comments during the comment period.

Therefore, the interim rule is being adopted as the final rule.

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.

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.

Accordingly, under the authority of E.O. 12353, 47 FR 12785 (1982),

the interim rule amending 5 CFR part 950, published on November 30,

1998 (63 FR 65637), is adopted as final without any changes.

Office of Personnel Management.

Janice R. Lachance,

Director.

[FR Doc. 99-12551 Filed 5-18-99; 8:45 am]

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