OPTIONS FOR REFORM OF THE COMBINED FEDERAL CAMPAIGN (CFC)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00363R001002170015-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 21, 2016
• Document Release Date: September 2, 2008
• Sequence Number: 15
• Publication Date: January 31, 1983
• Content Type: MEMO

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United States
Office of
Personnel Management Washington, D.C. 20415
January 31, 1983
MEMORANDUM FOR THE PRESIDENT
From: Donald
Office of Personnel Management
Subject: OPTIONS FOR REFORM OF THE COMBINED FEDERAL CAMPAIGN (CFC)
I. ACTION FORCING EVENTS
* The timely action cycle for the 1983 CFC began December 1,
1982. We'are already two months behind
* Employee pressure is building for nationwide boycotts next.year
if advocacy groups are included
II. BACKGROUND
* Employee boycotts of the CFC were averted this year by
strong efforts by responsible Union leaders and local Federal
officials on the basis of Administration pledges to reform the
next CFC; aversion will not be possible in the coming year
* In the 1982 CFC, even with boycotts and employee resistance,
overall employee participation declined slightly and
contributions increased slightly
* The overwhelming majority of employees give to health and
welfare charities, while a small minority of employees
give to advocacy groups
* Many more advocacy groups seek admission to the 1983 CFC
* Unions, Federal Executive Boards, and managers all strongly
favor focusing the CFC on health and welfare charities, while
"non-traditional" advocates favor no exclusions
III. OPTIONS
Option 1. Continue the Status Quo.
Description: Retain the Executive order as is. Advocacy groups,
as well as health and welfare agencies, may
continue to solicit through the CFC.
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Advantages: * Avoids lawsuits over exclusion
* Gives appearance of freedom-of-choice
* Pleases advocacy and other non-traditional
agencies
Disadvantages: * Presidential pledge unfulfilled
* Many new advocacy groups will join: National
Association for Advancement of White People
has applied
* Unions and employees will boycott
* Federal managers will resist administering CFC
* Displeases health and welfare charities,
United Ways, and Washington Post
* Fails to focus Government support on health
and welfare needs and programs that lessen the
the burdens of Government
* Raises charge that taxpayers pay for
fundraising for advocacy groups.
Option 2. Limit Eligibility to Health and Welfare Charities
Description: Participation in the CFC would be limited to health
and welfare charities.
* CFC focuses on lessening burdens of
Government, building safety net
* Unions will strongly support.
* Local officials and Washington Post support
* Health and welfare agencies strongly support
* Government resources not used to fund advocacy
groups
Lawsuits by advocacy groups on "clean"
legal issue of focus on health and welfare
Advantages: * President fulfills pledge
* Boycotts averted
* Legally defensible
Disadvantages: * Advocacy groups will sue
* Appearance of less freedom-of-choice
* Some media will oppose
Option 3. Limit Full Eligibility-to Health and-Welfare
Charities; Permit Write-in Gifts to Other
Philanthropies.
Description: National eligibility in the CFC solicitation
would be limited to health and welfare charities
Local donors would be permitted, however, to
earmark gifts to any nonprofit human service agency
(including organizations not participating in the
CFC and therefore not listed in brochures) by a
write-in mechanism on the donor card.
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Advantages: * President arguably fulfills pledge
* Employees have more freedom-of-choice
* Unions might not boycott
* Probably satisfies health and welfare agencies
Disadvantages: * Advocacy: groups will sue on stronger legal
grounds than with option 2, colorably claiming
that they are admitted but with 2d class 1st
Amendment rights
* Administratively burdensome
* Still displeases advocacy groups, with some
support, for not being equally open to all
* Government resources still subsidize
fundraising for advocacy groups
IV. RECOMMENDATION
The status quo is untenable and the President is on record saying
so. Under either Option 2 or Option 3 the legal bullet must be
bitten; Option 2 presents the cleaner legal position. Option 3
generates new legal exposure by "admitting" advocacy groups sub
silentio while denying them the right to "speak" through CFC
brochures. The key distinction between this half-step and option
1 is that here advocacy groups are not allowed 'to "speak." Simple
exclusion of non-health-and-welfare groups may be easier to defend
than admission with unequal status. Option 3 also raises many
questions of administration that might cost more than it will
gain cosmetically. Accordingly, I recommend option 2.
V. DECISION
(Draft Executive orders for options 2-and 3 are. attached).
Option 1 Option 2 ..Option 3
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(OPTION 2)
Executive Order
By the authority vested in me as President by the
Constitution of the United States of America, and in order
to lessen the burdens of government and of local
communities in meeting needs of human health and welfare,
it is hereby ordered as follows:
Section 1. Executive Order 12353 is amended as follows:
(a) In Section 1 delete "such national" and "and such
other national voluntary agencies as may be appropriate".
(b) In Section 2 insert "(a)" after the Section number
and add the following new subsections:
"(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 h3>lth 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 substantially
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 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 in need.
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"(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 substantially suppri"rt direct
health and welfare services."
Section 2. All rules, regulations, and directives
continued or issued under Executive Order No. 12353 shall
continue in full force and effect until revoked or
modified under the provisions of this order.
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(OPTION 3)
By the authority vested in me as President by the
Constitution of the United States of America, and in order
to lessen the burdens of government and of local
communities in meeting needs of human health and welfare,
it is hereby ordered as follows:
Section 1. Executive Order 12353 is amended, as follows:
(a) In Section 1 delete "such national" and "and such
other national voluntary agencies as may be appropriate".
(b) In Section 2 insert "(a)" after. the Section number
and add the following new subsections:
"(b) In establishing those criteria, the Director shall be
guided by the following principles and policies:
"(1) Eligibility for participation in the Combined
Federal Campaign shall be limited to voluntary,
charitable agencies whose principal purpose is to
provide or substantially support direct health and
welfare services to individuals and families;
provided, however, that, subject to such regulations
as the Director may prescribe,,Fe.deral employees and
members of the uniformed services shall be permitted
to designate gifts to voluntary human-service
agencies not participating in the Combined Federal
Campaign.
"(2) Where required.by this order, 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 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 in
need.
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"(3) 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."
(c) In Section 6, in the first sentence thereof, delete
"such" and the period, and add "including voluntary
human-service agencies not participating in the Combined
Federal Campaign."
Section 2. All rules, regulations, and directives
continued or issued under'Executive Order No. 12353 shall
continue in full force and effect until revoked or
modified under the provisions of this order.
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