[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Rules and Regulations]
[Pages 8587-8588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2794]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 950

[3206-AL47]


Solicitation of Federal Civilian and Uniformed Service Personnel 
for Contributions to Private Voluntary Organizations--Eligibility and 
Public Accountability Standards

ACTION: Final rule, technical amendments.

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SUMMARY: The U.S. Office of Personnel Management (OPM) is making 
technical amendments to the final regulations concerning the Combined 
Federal Campaign (CFC). These technical amendments correct the final 
rule issued on November 20, 2006, as revised on February 9, 2007, by 
making a change to the eligibility criteria and making several 
administrative changes brought to OPM's attention to other sections.

[[Page 8588]]


DATES: This technical amendment is effective on February 14, 2008.

FOR FURTHER INFORMATION CONTACT: Mark W. Lambert by telephone at (202) 
606-2564; by Fax at (202) 606-5056; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: In the final regulations issued on November 
20, 2006, as revised on February 9, 2007, OPM included what it deemed 
was a clarification to the 1995 regulatory eligibility requirement 
contained in 5 CFR 950.202(b). OPM clarified the regulation by stating 
specifically that only public charities, as defined by the Internal 
Revenue Service, were allowed to participate in the CFC. The 
clarification meant that private foundations were not eligible to 
participate in the CFC even though some had participated for years. In 
a recent court decision, the United States District Court for the 
District of Columbia invalidated OPM's clarification pertaining to 
private foundations. As a result, OPM is amending 5 CFR 950.202(b) to 
remove the reference to public charities from the requirement. OPM is 
also taking this opportunity to make three other administrative 
technical amendments to 5 CFR 950.101, 950.105(c)(3), and 
950.105(d)(9). In 5 CFR 950.101, OPM is amending the definition of 
Domestic Area to include the Commonwealth of Northern Mariana Islands, 
American Samoa, and Guam to be consistent with the addition of these 
U.S. territories to 5 CFR 950.204(b)(2)(iii) in the November 20, 2006, 
changes to the CFC regulations. In 5 CFR 950.105(c)(3), OPM is removing 
a reference to provision 950.403 since it no longer exists after the 
changes made on November 20, 2006. In 5 CFR 950.105(d)(9), OPM is 
removing the date for the submission of a campaign audit and adding a 
reference to OPM's calendar, which will include the date. This change 
is consistent with other changes made in the November 20, 2006, CFC 
regulations.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities. Charitable 
organizations applying to the CFC have an existing, independent 
obligation to comply with the eligibility and public accountability 
standards contained in current CFC regulations. These technical 
amendments will not cause any significant additional burden.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 950

    Administrative practice and procedures, Charitable contributions, 
Government employees, Military personnel, Nonprofit organizations, and 
Reporting and recordkeeping requirements.

    U.S. Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, OPM amends 5 CFR part 950 as follows:

PART 950--SOLICITATION OF FEDERAL CIVILIAN AND UNIFORMED SERVICE 
PERSONNEL FOR CONTRIBUTIONS TO PRIVATE VOLUNTARY ORGANIZATIONS

0
1. The authority citation for part 950 continues to read as follows:

    Authority: E.O. 12353 (March 23, 1982), 47 FR 12785 (March 25, 
1982). 3 CFR, 1982 Comp., p. 139. E.O. 12404 (February 10, 1983), 48 
FR 6685 (February 15, 1983), Pub. L. 100-202, and Public Law 102-393 
(5 U.S.C. 1101 Note).

0
2. In Sec.  950.101, revise the definition of Domestic Area to read as 
follows:


Sec.  950.101  Definitions.

* * * * *
    Domestic Area means the several United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the United States Virgin 
Islands, the Commonwealth of Northern Mariana Islands, American Samoa, 
and Guam.
* * * * *

0
3. In Sec.  950.105, amend paragraph (c)(3) by removing the letter 
``s'' from the end of the word ``provisions'' and removing the text 
''Sec.  950.403 and'' and revise paragraph (d)(9) to read as follows:


Sec.  950.105  Principal Combined Fund Organization (PCFO) 
responsibilities.

* * * * *
    (d) * * *
    (9) Submitting to the LFCC an audit of collections and 
disbursements for each campaign managed no later than a date to be 
determined by OPM in the year in which the last disbursement is made. 
The date will be part of the annual timetable issued by the Director 
under Sec.  950.801(b). The audit must be performed by an independent 
certified public accountant in accordance with generally accepted 
auditing standards and OPM guidance.
* * * * *

0
4. Revise Sec.  950.202(b) to read as follows:


Sec.  950.202  National/international eligibility requirements.

* * * * *
    (b) Certify that it is an organization recognized by the Internal 
Revenue Service as tax exempt under 26 U.S.C. 501(c)(3) to which 
contributions are deductible under 26 U.S.C. Sec.  170(c)(2). A copy of 
the letter(s) from the Internal Revenue Service granting tax exempt and 
public charity status must be included in the organization's 
application.

[FR Doc. E8-2794 Filed 2-13-08; 8:45 am]
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