LegiStorm

Executive Order 12353--Charitable fund-raising

Source: The provisions of Executive Order 12353 of Mar. 23, 1982, appear at 47 FR 12785, 3 CFR, 1982 Comp., p. 139, unless otherwise noted.

By the authority vested in me as President by the Constitution of the United States of America, and in order to support and facilitate fund-raising on behalf of voluntary agencies through on-the-job solicitations of Federal employees and members of the uniformed services, and to ensure that the recipient agencies are responsible in the uses of the monies so raised, it is hereby ordered as follows:

Section 1. The Director of the Office of Personnel Management shall make arrangements for voluntary health and welfare agencies to solicit contributions from Federal employees and members of the uniformed services at their places of employment or duty. These arrangements shall take the form of an annual Combined Federal Campaign in which eligible voluntary agencies are authorized to take part.

[Sec. 1 amended by Executive Order 12404 of Feb. 10, 1983, 48 FR 6685, 3 CFR, 1983 Comp., p. 151]

Sec. 2. (a) The Director shall establish criteria for determining the eligibility of voluntary agencies that may participate in each of the annual Combined Federal Campaigns.

(b) In establishing those criteria, the Director shall be guided by the following principles and policies:

(1) The objectives of the Combined Federal Campaign are to lessen the burdens of government and of local communities in meeting needs of human health and welfare; to provide a convenient channel through which Federal public servants may contribute to these efforts; to minimize or eliminate disruption of the Federal workplace and costs to Federal taxpayers that such fund-raising may entail; and to avoid the reality and appearance of the use of Federal resources in aid of fund-raising for political activity or advocacy of public policy, lobbying, or philanthropy of any kind that does not directly serve needs of human health and welfare.

(2) To meet these objectives, eligibility for participation in the Combined Federal Campaign shall be limited to voluntary, charitable, health and welfare agencies that provide or support direct health and welfare services to individuals or their families. Such direct health and welfare services must be available to Federal employees in the local campaign solicitation area, unless they are rendered to needy persons overseas. Such services must directly benefit human beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically handicapped. Such services must consist of care, research or education in the fields of human health or social adjustment and rehabilitation; relief of victims of natural disasters and other emergencies; or assistance to those who are impoverished and therefore in need of food, shelter, clothing, education, and basic human welfare services.

(3) Agencies 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 shall not be deemed charitable health and welfare agencies and shall not be eligible to participate in the Combined Federal Campaign.

(4) International organizations that provide health and welfare services overseas, and that meet the eligibility criteria except for the local services criterion, shall be eligible to participate in each local solicitation area of the Combined Federal Campaign.

(5) Local voluntary, charitable, health and welfare agencies that are not affiliated with a national agency or federation but that satisfy the eligibility criteria set forth in this Order and by the Director, shall be permitted to participate in the Combined Federal Campaign in the local solicitation areas in which they provide or support direct health and welfare services.

[Sec. 2 amended by Executive Order 12404 of Feb. 10, 1983, 48 FR 6685, 3 CFR, 1983 Comp., p. 151]

Sec. 3. In making arrangements for the Combined Federal Campaign, the Director is authorized, in his discretion, to consult with the Departments and agencies concerned, representatives of the employees and members to be solicited, and, to the extent practicable, representatives of voluntary agencies seeking to participate in a Combined Federal Campaign.

Sec. 4. The arrangements made by the Director shall (a) ensure that all contributions are voluntary, that there is no coercion, and that individuals have the option of disclosing their contribution or keeping it confidential, (b) designate the specific period during which the annual solicitation may be conducted, and (c) permit only one annual solicitation except in cases of emergency or disaster appeals for which specific provision shall be made by the Director.

Sec. 5. Subject to such rules and regulations as he shall prescribe, the Director may authorize a local principal combined fund organization to manage a local Combined Federal Campaign. Such authorization shall, if made, ensure at a minimum that the local principal combined fund organization operates subject to the direction and control of the Director and such local Federal coordinating entities as he may establish; manages the local campaign fairly and equitably; consults with and considers advice from interested parties and organizations; and publishes reports of its management of the local campaign.

Sec. 6. The forms for the solicitation of funds shall clearly specify the eligible agencies and provide a direct means to designate funds to such agencies. Where allocation of undesignated funds by the local principal combined fund organization is authorized by the Director, prominent notice of the authorization for such allocation shall be provided on the solicitation forms.

Sec. 7. This Order shall not apply to 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 welfare funds for their members. Such solicitations shall be conducted under policies and procedures approved by the head of the Department or agency concerned.

Sec. 8. The Director shall prescribe such rules and regulations as may be necessary to implement this Order.

Sec. 9. Executive Order No. 10927, as amended, is revoked. Notwithstanding that revocation, directives issued under that Order shall continue in effect until revoked or modified under the provisions of this Order.

Editorial note: Section 2 of Executive Order 12404 provided that all rules, regulations, and directives continued or issued under Executive Order 12353 would continue in full force and effect until revoked or modified under the provisions of Executive Order 12404.