[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR950.401]

[Page 621-623]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 950_SOLICITATION OF FEDERAL CIVILIAN AND UNIFORMED SERVICE PERSONNEL FOR 
 
                     Subpart D_Campaign Information
 
Sec.  950.401  Campaign and publicity information.


    (a) The specific campaign and publicity information, such as the 
official Charity List, will be developed locally, except as specified in 
these regulations. All information must be reviewed by the LFCC for 
compliance with these regulations and will be developed and supplied by 
the PCFO. All publicity information must have the approval of the LFCC 
before being used. Federations must notify the PCFO in writing of their 
desire to participate in the development of campaign and publicity 
information. The PCFO must respond in a timely manner to a federation's 
request to participate in the development of campaign and publicity 
information. Federations must also respond in a timely fashion in the 
development of campaign and publicity information.
    (b) During the CFC solicitation period, participating CFC 
organizations may distribute bona fide educational information 
describing its services or programs. The organization must be granted 
permission by the Federal agency installation head, or designee to 
distribute the material. CFC Coordinators, Keyworkers or members of the 
LFCC, are not authorized to grant permission for the distribution of 
such information. If one organization is granted permission to 
distribute educational information, then the Federal agency installation 
head must allow any other requesting CFC organization to distribute 
educational information.
    (c) Organizations and federations are encouraged to publicize their 
activities outside Federal facilities and to broadcast messages aimed at 
Federal employees in an attempt to solicit their contributions through 
the media and other outlets.
    (d) Agency Heads are further authorized to permit the distribution 
by organizations of promotional information to Federal personnel in 
public areas of Federal workplaces in connection with the CFC, provided 
that the manner of distribution accords equal treatment to all 
charitable organizations furnishing such information for local use, and 
further provided that no such distribution shall utilize Federal 
personnel on official duty or interfere with Federal government 
activities. LFCC members and other campaign personnel are to be 
particularly aware of the prohibition of assisting any charitable 
organization or federated group in distributing any type of literature, 
especially during the campaign period. Nothing in this section shall be 
construed to require an LFCC to distribute or arrange for the 
distribution of any material other than the Campaign Charity List and 
the pledge form.
    (e) The Campaign Charity List and pledge form is the official source 
of CFC information and shall be made available either in hard copy or 
electronic format to all potential contributors. All CFC Charity Lists 
must inform employees of their right to make a choice to contribute or 
not to contribute; to designate or not to designate; and to give a 
confidential gift in a sealed envelope.
    (f) Campaign information must constitute a simple and attractive 
design

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that has fundraising appeal and essential working information. The 
design should focus on the CFC without undue use of charitable 
organization symbols and logos or other distractions that compete for 
the donor's attention. Extraneous instructions concerning the routing of 
forms, tallying of contributor's receipt, and similar reports, which are 
primarily for keyworkers must be avoided.
    (g) The following applies specifically to the campaign Charity List:
    (1) OPM will include in the annual distribution of the National/
International and International parts of the Charity List explicit 
instructions for the production of the Charity List and language to be 
reproduced verbatim in the introductory section. The general information 
provided will include:
    (i) A description of the CFC arrangement and explanation of the 
payroll deduction privilege.
    (ii) a statement that the donor may only designate charitable 
organizations or federations that are listed in the Charity List and 
that write-ins are prohibited.
    (iii) instructions as to how an employee may obtain more specific 
information about the programs and the finances of the organizations 
participating in the campaign.
    (iv) A description of employees' rights to pursue complaints of 
undue pressure or coercion in Federal fundraising activities.
    (2) Following the introductory section, the Charity List will 
consist of three parts--the National/International, the International, 
and the Local. The order of these three parts will be annually rotated 
in accordance with OPM instructions. The National/International and 
International parts will consist of faithful reproductions of the parts 
of National/International and International organizations, including 
federations, provided by OPM. The third part, the Local part, is 
determined by the LFCC. The order of listing of the federated and 
independent organizations within the three separate parts will be 
determined by random drawing. The order of organizations within each 
federation will be determined by the federation. The order within the 
National/International, International and Local independent groups will 
be alphabetical. Absent specific instructions from OPM to the contrary, 
each participating organization and federated group listing must include 
a description, not to exceed 25 words, of its services and programs, 
plus a telephone number for the Federal donor to request further 
information about the group's services, benefits, and administrative 
expenses. Each listing will include the organization's administration 
and fundraising percentage as calculated pursuant to Sec.  
950.203(a)(4). Neither the percentage of administrative and fundraising 
expenses, nor the telephone number count toward the 25-word statement.
    (3) Each federation and charitable organization will be assigned a 
code in a manner determined by the Director. At the beginning of each 
federated group's listing will be the federation's name, code number, 
25-word statement, percentage of administrative and fundraising 
expenses, and telephone number. The sections of the Charity List where 
the independent organizations are listed will begin with the titles 
National/International Independent Organizations, International 
Independent Organizations and Local Independent Organizations, 
respectively.
    (h) Omission of an eligible charitable organization from the Charity 
List may require that the Charity List be corrected and reissued. Such 
an omission must be reported to OPM immediately upon discovery. The 
Director or LFCC may direct that the cost of such correction and reissue 
be borne by the PCFO or charged to CFC administrative expenses.
    (i) Listing of National and Local Affiliate. Listing of a national 
organization, as well as its local affiliate organization, is permitted. 
Each national or local organization must individually meet all of the 
eligibility criteria and submit independent documentation as required in 
Sec.  950.202, Sec.  950.203 or Sec.  950.204 to be included in the 
Charity List, except that a local affiliate of a national organization 
that is not separately incorporated, in lieu of its own 26 U.S.C. 
501(c)(3) tax exemption letter and, to the extent required by Sec.  
950.204(b)(2)(ii), audited financial statements, may submit the national 
organization's 26

[[Page 623]]

U.S.C. 501(c)(3) tax exemption letter and audited financial statements, 
but must provide its own pro forma IRS Form 990, page 1 and Part V only, 
for CFC purposes. The local organization must submit a certification 
from the Chief Executive Officer (CEO) or CEO equivalent of the national 
organization stating that it operates as a bonafide chapter or affiliate 
in good standing of the national organization and is covered by the 
national organization's 26 U.S.C. 501(c)(3) tax exemption, IRS Form 990 
and audited financial statements. A national organization may waive its 
listing in the National/International or International parts of the 
Charity List in favor of its local affiliate by following the procedures 
set forth in Sec.  950.201(c).
    (j) Multiple Listing Prohibited. Except as provided in paragraph (i) 
of this section, once an organization is deemed eligible, it is entitled 
to only one listing in the Charity List, regardless of the number of 
federations to which that organization belongs.
    (k) The LFCC may omit the 25-word program description from the CFC 
Charity List if, in the immediately preceding campaign period, 
contributions received in the local CFC totaled less than $100,000 or if 
the LFCC can demonstrate to the satisfaction of the Director that it can 
make the same information available electronically without disrupting 
donor opportunities to contribute.

[60 FR 57890, Nov. 24, 1995, as amended at 71 FR 67288, Nov. 20, 2006]