FUNDRAISING Prepared by Steve Epstein, Deputy Director, Standards of Conduct Office DoD General Counsel March 21, 1999
A. General Services Administration building regulations: 41 C.F.R. subparts 101-20.3 and 101-20.4
B. Pentagon Reservation regulations: 32 C.F.R. Part 234
C. Office of Government Ethics fundraising regulation: 5 C.F.R. 2635.808.
D. Combined Federal Campaign (Government-wide): 5 C.F.R. Part 905
E. Combined Federal Campaign in DoD: DoD 5035.1 of August 28, 1990
F. DoD Combined Federal Campaign Overseas: DoD 5035.5
G. Joint Ethics Regulation (JER): DoD 5500.7-R of August 30, 1993
H. Charitable Fund-Raising: E.O. 12404 of February 10, 1983
I. Charitable Fund-Raising: E.O. 12353 of March 23, 1882
J. Fundraising Activities: Office of Government Ethics memo dated August 25, 1993
K. Guidance on Analyzing Invitations to DoD Officials to Participate in Fundraising Activities and to Accept Gifts Related to Events: DoD General Counsel memo dated August 18, 1997
L. Conduct of CFC in DoD: SOCO Advisory, 98-8 (October 22, 1998)
M. Guidance Regarding Military Ball Fundraisers and Similar Events: SOCO memo dated March 14, 1996
N. Fundraising Activities (nonmonetary items): Office of Goverrment Ethics memo dated March 22, 1994
II. ETHICS PRINCIPLES COMMONLY INVOLVED
(5 C.F.R. 2635.101(b))
A. Personnel shall not use Government property for other than authorized purposes.
B. Personnel shall not use public office for private gain.
C. Personnel shall not give preferential treatment to any private organization or individual.
D. Personnel shall not hold financial interests that conflict with their conscientious performance of duty.
E. Personnel shall put forth an honest effort in the performance of their duties.
III. REGULATORY BACKGROUND
A. Fundraising is complicated because no comprehensive fundraising regulation exists. Instead, it is governed by independent, overlapping, and unrelated regulations including:
1. Site Regulations:
(1) GSA Buildings: 41 C.F.R. Subparts 101-20.3 and 20.4
(2) Pentagon: 32 C.F.R. Part 234
2. Government-wide fundraising regulations:
(1) OGE fundraising regulation 5 C.F.R. 2635.808
(2) CFC campaign: 5 C.F.R. Part 950
3. Agency regulations:
(1) JER: 3-210, 3-211, 3-300
(2) CFC campaign in DoD: DoD 5035.1
(3) CFC overseas campaign: DoD 5035.5
4. Assorted guidance:
(1) OGE DAEOGRAM DO-93-024, August 25, 1993
(2) DoD General Counsel memo, Aug, 18, 1997, Guidance on Analyzing Invitations to DoD Officials to Participate in Fundraising
(3) JER 2-302: gambling
IV. FUNDRAISING IN AN OFFICIAL CAPACITY
A. "Fundraising in an official capacity" requires authorization pursuant to statute, Executive Order, regulation, or other authority making such activity part of an employee's official duties.
1. DoD Official Fundraising (JER 3-212)
a. Combined Federal Campaign (CFC)
b. Army Emergency Relief
c. Navy-Marine Corps Relief Society
d. Air Force Assistance Fund
e. Emergency and disaster appeals approved by the Office of Personnel Management
f. Organizations composed primarily of DoD personnel or their dependents when fundraising among their own members or their dependents when approved by head of command or organization.
g. National Guard exception.
2. Site regulations: If on GSA controlled property: Fundraising a - f, above, permitted by 41 C.F.R. 101-20.308(a).
3. Combined Federal Campaign:
a. Sources of Guidance:
(1) 5 C.F.R. 2635.808 (OGE regulation)
(2) 5 C. …