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5-15-95 Jennifer o' 5/15 James King Please respond res Cambined Fed. Campaign (acknowledge) to action: Respond to Kins king This was lost. Thanks. (John-Keep - copy. Make file " Combined Federal Campaisn -'9CR" 03/22/95 17:00 1 003/007 UNITED STATES UNITED STATES OFFICE OF PERSONNEL MANAGEMENT OF PERSONNEL HAMPSHIRE file WASHINGTON D.C. 20415 CFC OFFICE OF THE DIRECTOR MAR 22 1995 INFORMATION MEMORANDUM FOR HAROLD M. ICKES ASSISTANT TO THE PRESIDENT FOR POLICY AND POLITICAL AFFAIRS AND DEPUTY CHIEF OF STAFF FROM: JAMES B. KING can DIRECTOR SUBJECT: Combined Federal Campaign Cushing -states I. SUMMARY In a February 23, 1995 letter, House Civil Service Subcommittee Chair John Mica asked OPM to implement the Combined Federal Campaign (CFC) eligibility standards proposed by the Reagan Administration that would limit participation to organizations that provide direct human health and welfare services. The regulations were blocked by Congress in 1986. (See letter attached.) П. DISCUSSION BACKGROUND The Combined Federal Campaign (CFC) was established by President Kennedy to limit year- round solicitation of federal employees, and instead provide charities an annual opportunity to seek support from federal donors. In the beginning the CFC was relatively non-controversial with participation limited to "traditional" charities that provide direct human health and welfare services. In the late 1970s, less "traditional" groups that affect human health and welfare services (e.g. political advocacy groups and legal defense funds) succeeded, primarily through litigation, in becoming participants in CFC. In 1982-83, the Reagan Administration attempted to adjust the definition of human health and welfare agencies by excluding advocacy, legal defense and other non-"traditional" groups. The Supreme Court upheld Reagan's Executive Order, stipulating that exclusions be done even- handedly, without discriminating for or against any particular political viewpoint. In 1986, Congress blocked OPM regulations implementing the E.O. 03/22/95 17:00 1 004/007 Harold M. Ickes page 2 COST ISSUES The costs Rep. Mica cites represent staff time dedicated to promoting the CFC, not cash/appropriated funds. The costs he cites are OPM 1988 figures and are significantly inflated, we believe. There would be no significant savings in reducing the number of participating organizations. Whether 100 or 1,000 the administrative costs are roughly the same. Costs for items like printing and distribution of brochures are not paid by the Federal government. ORGANIZATION PARTICIPATION ISSUES Whoever tries to change this program (by limiting participants) will run into tremendous opposition from the many advocacy, legal defense and other non-"traditional" groups participating in CFC. Is it the place of government to limit the options of its citizen-employees in deciding to make charitable contributions? (Opponents might counter, "We're not limiting their options. They can make contributions on their own, without help from the government.") There is anecdotal evidence to suggest that Reagan Administration officials were targeting groups like Planned Parenthood. We will complete an interim response to Rep. Mica in a few days. It may be of interest to you and I'll show it to you. Our plan is to answer his specific questions, but take no immediate action on implementing the 1986 restrictions without seeking additional information from the affected groups. This would provide an opportunity for those groups to make their points without casting OPM or "the government" in the role of advocate. Among the options we will consider are: Run the CFC without the accompanying promotional effort. Most of the costs involved are tied up in efforts to urge employee participation in the CFC (these costs are in staff hours, not cash). This option would likely result in decreased donations. Replace CFC with a Charity Allotment Program. In this case, employees could contribute to any 501(c)(3). An allotment mechanism is already in place. There would be no need to create a new bureaucracy, but employees would have to do all of the work of obtaining and providing an organization's information to their payroll offices. This would likely result in a dramatic drop in contributions, at least in the short run. Privatize the CFC. "Does the Federal government need to be in this business?," might be a fair question. After shutdown costs, this option takes the program off the budget and gets the government out of the business of supporting all of the organizations. Make no change to CFC. 03/22/95 17:01 005/007 WILLIAM F. CLINGER, JR.. PENNSYLVANIA CHAIRMAN CARDISS COLLINS, ILLINOIS RANKING MINORITY MEMBER BENJAMIN A. GILMAN, NEW YORK DAN BURTON. INDIANA ONE HUNDRED FOURTH CONGRESS HENRY A. WAXMAN, CALIFORNIA TOM LANTOS. CAUFORNIA CONSTANCE A MORELLA, MARYLAND ROBERT E. WISE, JR,, WEST VIRGINIA CHRISTOPHER SHAYS, CONNECTICUT MAJOR H. DWENS, NEW YORK STEVEN SCHIFF, NEW MEXICO ILEANA ROS-LEHTINEN. FLORIDA Congress of the United States EDOLPMUS TOWNS, NEW YORK JOHN M. SPRATT, JR.. SOUTH CAROLINA WILLIAM H. ZELIFE, JR. NEW MAMPSHIRE LOUISE MONTOSM SLAUGHTER, NEW YORK JOHN M. McKUGH. NEW YORK PAUL E. KANJORSKI. PENNSYLVANIA STEPMEN NORN, CALIFORNIA house of Representatives GARY A CONDIT. CALIFORNIA JOHN L MICA, FLORIDA COLLIN C PETERSON. MINNESOTA PETER BLUTE, MASSACHUSETTS KAREN L THURMAN. FLORIDA THOMAS M. DAVIS. VIRGINIA DAVID M. MEINTOSH. INDIANA COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT CAROLYN B. MALONEY, NEW YORK THOMAS M, BARRETT, WISCONSIN JON D. FOX, PENNSYLVANIA GENE TAYLOR. MISSISSIPPI RANDY TATE. WASHINGTON DICK CHRYSLER. MICHIGAN 2157 RAYBURN HOUSE OFFICE BUILDING BARBARA-ROSE COLLINS, MICHIGAN ELEANOR MOLMES NORTON, DC GIL GUTENECMT. MINNESOTA MARK E. SOUDER. INOIANA 95-82 JAMES P. MORAN, VIRGINIA WASHINGTON, DC 20515-6143 GENE GREEN. TEXAS WILLIAM J, MARTINI, NEW JERSEY CARRIE P. MEEK, FLORIDA JOE SCARBOROUGH FLORIDA FRANK MASCARA PENNSYLVANIA JOHN SHADEGG, ARIZONA CHAKA FATTAH. PENNSYLVANIA MICHAEL PATRICK FLANAGAN. ILLINOIS VEB 27 CHARLES F. BASS. NEW HAMPSHIRE STEVE C. LATOURETTE, CHIO BERNARD SANDERS. VERMONT MARSHALL "MARK" SANFORD. SOUTH CAROLINA INDEPENDENT ROBERT L. EMRLICH, JR., MARYLAND February 23, 1995 MAJORITY-1202) 223-5074 MINORITY-(202) 225-6061 The Honorable James B. King Director SBU U.S. Office of Personnel Management 1900 E St., N.W. Washington, D.C. 20415-0001 Dear Mr. King: Recently, I have received a number of complaints about the presence of numerous advocacy groups and other organizations that do not directly benefit human health and welfare (e.g., those who do not provide or support such activities as care, education, or research on human heath; disaster relief; or feeding, sheltering, or housing the poor) in the Combined Federal Campaign. I, too, am deeply troubled by their presence and am considering holding hearings and introducing legislation to remedy this problem. Accordingly, I am writing to ask for your support and cooperation in restoring the CFC to its rightful role of aiding traditional charities that do directly benefit human health and welfare. The CFC resulted from the Federal government's efforts to reduce the burden numerous separate charitable solicitations at the Federal workplace imposed on it. This was done by providing a single, coordinated fund-raising drive. Until the 1980s, only a limited number of traditional charities participated in the CFC. Then, as a result of litigation, certain advocacy groups were allowed to participate. Subsequently, participation has exploded to the point that the list of organizations participating in the 1994 CFC for the National Capital Area consumed nearly 21 single-spaced, double-columned pages. Many of the groups on the 1994 list are plainly advocates that try to advance a particular point of view through lobbying, litigation, or other activities. For example, on the list are the following: the Center on Budget and Policy Priorities, the Sierra Club Legal Defense Fund, the Firearms Civil Rights Legal Defense Fund, the NAACP Legal Defense and Educational Fund, the Heritage Foundation, the National Right to Work Legal Defense Foundation, Inc., and the Teamster Rank and File Education and Legal Defense Foundation. Other participating organizations, 03/22/95 17:01 006/007 Page 2 Hon. James B. King February 23, 1995 Unlimited, however worthy their goals, do not provide direct Turkey Federation, Inc., the Source Theater Company, and Trout such as the Center for Investigative Reporting, the National Wild benefits to human health and welfare. As Thomas Jefferson said, "to compel a man to furnish contributions of money for the propagation of opinions which he what disbelieves, is sinful and tyrannical. Yet that is precisely of advocacy groups to participate in the CFC. In 1988, the Report the Federal government is doing to taxpayers by allowing acknowledged that the CFC is a subsidy for participating the Director's Task Force on the Combined Federal Campaign organizations "in and estimated the amount of that subsidy to be then the neighborhood of $55-60 million" per year. American advocacy groups. taxpayers simply should not be compelled to subsidize these It is time now to restore the CFC's pre-1980s status a direct in benefits to human health and welfare. The Supreme Court, vehicle for solicitations by traditional charities providing as a ruling on President Reagan's Executive Order No. 12404, has made it clear that advocacy groups and others may be excluded from the CFC through "viewpoint neutral" restrictions. OPM restrict eligibility for the CFC to traditional charities attempted to do this in 1986 by promulgating final regulations to has concerned with human health and welfare. Unfortunately, Congress prevented OPM from implementing those regulations. If this Congressional bar is lifted, Mr. Director, will OPM of take the necessary steps to implement the eligibility standards to do those so? 1986 regulations and, if so, how long will it take you Please also provide me with the following information: each year for the last five years. 1. The total amounts collected and distributed by the CFC 2. A complete list of all organizations that have participated in the CFC over the last five years and the amount contributed to each through the CFC in each of those years. 3. The total cost to taxpayers of conducting the CFC in the 1988 Report of the Director's Task Force on the Combined each of the last five years, following the methodology used in provide a more accurate picture of the taxpayers' burden in Federal Campaign. (If you believe some other methodology would the supporting the CFC, please also provide those figures for each of last five years and a description of your methodology.) 03/22/95 17:02 007/007 Page 3 Hon. James B. King February 23, 1995 I look forward to working with you as we address this important issue, and I hope to have the Administration's support in restoring the CFC to the purpose originally intended for it: the support of "traditional charities" that directly benefit human health and welfare. Sincerely, John L. Mica Chairman Sub committee on Civil Service