[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR5201.103]

[Page 762]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                    CHAPTER XLII--DEPARTMENT OF LABOR
 
PART 5201_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 5201.103  Fundraising activities.

    Notwithstanding 5 CFR 2635.808(c)(1)(i), an employee of any separate 
agency component listed in this section may, in a personal capacity, 
personally solicit funds from a person who is a prohibited source if 
person is a prohibited source for employees of the component only under 
5 CFR 2635.203(d)(3) because the person conducts activities regulated by 
the component:
    (a) The Wage and Hour Division;
    (b) The Office of Federal Contract Compliance Programs;
    (c) The Remainder of the Employment Standards Administration, as 
defined in Sec. 5201.102(c);
    (d) Occupational Safety and Health Administration;
    (e) Employee Benefits Security Administration;
    (f) Veterans' Employment and Training Service; and
    (g) The Remainder of the Department of Labor, as defined in Sec. 
5201.102(c).

    Example 1: A training official in the Mine Safety and Health 
Administration is president of the local branch of her college alumni 
association. The association is seeking used computers from local 
businesses to upgrade the college's language lab. The employee may not 
seek a contribution from the vice president of a mining company which is 
regulated by MSHA. Even though the mining company is not currently under 
investigation, it is a prohibited source for the employment because it 
is subject to MSHA regulation and MSHA is not one of the agency 
components designated as separate for the purpose of fundraising in a 
personal capacity.
    Example 2: A typist in the Employee Benefits Security Administration 
raises money for a local homeless shelter during his off-duty hours. He 
may seek a contribution from a firm that is regulated by EBSA under the 
Employee Retirement Income Security Act but may not seek contributions 
from one that he knows is currently under investigation for a violation 
of the Act. While firms regulated by an agency would ordinarily be 
prohibited sources for purposes of an employee's fundraising in a 
personal capacity, Sec. 5201.103 provides that employees of EBSA and 
the other separate agency components listed in that section may seek 
charitable contributions from an entity that is a prohibited source only 
because its activities are subject to regulation by that separate agency 
component. On the other hand, the employee may not engage in fundraising 
from a person who he knows is a prohibited source for any other reason, 
such as an ongoing enforcement action.
    Example 3: An employee of the Employment and Training Administration 
may seek charitable contributions from a firm currently under 
investigation by the Occupational Safety and Health Administration 
(OSHA). ETA does not regulate this firm and has had no dealings or 
business with it of any kind. Since ETA has been designated as a 
separate agency under Sec. 5201.102, ETA employees need only consider 
their own official duties and activities and those of ETA in determining 
whether a person is a prohibited source for purposes of their 
fundraising in a personal capacity. The fact that a person may be a 
prohibited source of direct and indirect gifts for OSHA employees is not 
relevant in this instance.

[61 FR 57284, Nov. 6, 1996, as amended at 68 FR 16398, Apr. 3, 2003]