Charitable Fundraising

Overview

Executive Order Intent

President Barack Obama's Executive Order 13743, issued on October 13, 2016, aims to enhance workplace-based charitable giving among federal employees and members of the uniformed services. The order revises and amends Executive Order 12353, initially enacted by President Ronald Reagan in 1982, which had established a framework for organized fundraising campaigns in federal workplaces. By redefining terms and expanding participation guidelines, EO 13743 seeks to provide a more comprehensive and inclusive approach to the Combined Federal Campaign (CFC), the federal workplace charity endeavor.

The order’s amendments are designed to better align with contemporary understandings of charitable giving and volunteering, reflecting a broader spectrum of health and welfare organizations eligible to participate. By explicitly including volunteer time pledging alongside monetary contributions, the EO indicates an evolution in the understanding of charitable engagement, which can involve more than just financial support. These adjustments reflect an increased awareness of and emphasis on social programs that consider both financial and non-financial contributions as critical components of societal support networks.

Moreover, EO 13743 mandates the Office of Personnel Management (OPM) to facilitate participation not only from active federal employees, but also federal annuitants, thereby widening the pool of potential contributors. The order fosters a more structured and transparent method for funds solicitation, clarifying guidelines for fund management, and ensuring regulatory compliance. This move underscores the administration's commitment to fostering civic engagement and supporting charitable organizations that provide essential health and welfare services.

Legal and Policy Implications

Changes to Existing Law

Through its amendments to EO 12353, EO 13743 primarily addresses administrative law concerning workplace giving and the management of the CFC. It does not alter constitutional or statutory law, but refines the rules governing how contributions from federal employees and service members are solicited and managed. By doing so, it highlights the administrative scope given to the Director of the Office of Personnel Management to enforce these changes under existing legal frameworks.

The order expands the definition of participating organizations from "voluntary agencies" to "voluntary health and welfare organizations," thus broadening the scope of bodies eligible for fundraising campaigns. This change implies a more specific focus on health and welfare, aligning with federal priorities of supporting organizations that address these crucial social issues. It allows the OPM to continue refining the guidelines to ensure the campaigns are comprehensive and conform to evolving policy goals.

Policy-wise, EO 13743 establishes a pathway for increased engagement from federal annuitants by allowing them to contribute through annuity allotments. This creates a consistent and potentially larger stream of support for charitable organizations, fostering a sustained philanthropic environment. By advocating the inclusion of both local and federal coordinating bodies in campaign management, the order seeks to maintain a balance between local autonomy and central oversight, thus optimizing operational efficiency and ensuring the fair distribution of resources.

Who Benefits

Beneficiaries

The primary beneficiaries of Executive Order 13743 are voluntary health and welfare organizations that qualify for participation in the CFC. By broadening the scope of eligible agencies, the order provides an opportunity for more diverse organizations, including those in specialized health and welfare sectors, to receive critical funding. This fosters increased support for crucial social causes and bolsters the capacity of these organizations to deliver services.

Federal employees and members of the uniformed services also stand to benefit from this order by being part of a more structured and wide-reaching charitable giving framework. This allows for enhanced morale and a sense of community service among these employees, aligning personal philanthropic interests with professional and organizational objectives. Moreover, the encouragement to pledge volunteer time expands the avenues through which employees can contribute to efforts that make a tangible difference in society.

Additionally, federal annuitants are beneficiaries, as the order enables this demographic to engage in philanthropy through structured channels. The annuity allotment provision removes significant barriers that might prevent retirees from participating in federally organized charitable campaigns, thereby maintaining their connection to federal service and community involvement even after retiring.

Indirectly, communities that are served by these voluntary organizations gain from the enhanced and sustained support enabled by the order. Increased funding and volunteer engagement facilitate the delivery of essential services, improving public health, social welfare, and overall community well-being.

Overall, EO 13743 positions itself as a tool for driving social good, aiming to harness federal administrative resources and community spirit towards larger societal benefits.

Who Suffers

Potential Disadvantages

While Executive Order 13743 primarily aims to create benefits, certain entities may face challenges. Local charities and smaller, grassroots organizations might face difficulties meeting the new regulatory criteria specified by the OPM under the revised framework. Stricter eligibility requirements might unintentionally restrict participation by smaller organizations that do not have the resources to meet new compliance measures. Although not an express intention of the order, this could potentially marginalize some local entities that previously benefited from federal workplace fundraising.

Another potential drawback involves administrative burdens for the OPM and those tasked with managing the CFC. The expanded scope of the order necessitates detailed regulatory oversight and could increase the complexity of campaign management, potentially leading to administrative inefficiencies or resource strains without corresponding adjustments in the department's budget or staffing levels.

Federal employees may also face additional pressures as they navigate both the opportunity and expectation to engage with these campaigns. The presence of workplace fundraising can create ambiguous social dynamics, where opting out of participation, even if voluntary, could inadvertently foster perceived social or peer pressure.

Furthermore, central campaign administrators and local coordinators might face increased scrutiny and accountability pressures as they work to ensure compliance and equitable organization under the new guidelines. This could increase their workload and affect smaller administrative teams that may struggle to adapt quickly to new operational demands.

Lastly, organizations that do not strictly fall under "health and welfare" categories but play significant roles in cultural, educational, or other voluntary sectors might find themselves inadvertently excluded or deprioritized for funding access, impacting the diversity of charitable engagement traditionally observed in the CFC.

Historical Context

Roots and Evolution

EO 13743 sits within a long tradition of governmental efforts to facilitate organized charitable efforts within the federal workplace. The 1982 introduction of EO 12353 by President Reagan was itself an evolution of previous policies dating back to the mid-20th century, as federal administrations sought ways to collaborate with nonprofit organizations effectively. Over decades, these campaigns have become a hallmark of federal service culture, promoting generosity among public servants.

The Obama administration's issuance of EO 13743 reflects its broader policy agenda of strengthening civic engagement, promoting social welfare, and fostering inclusive institutional practices. This EO fits into an administration that consistently pushed for policy frameworks enhancing civil society's role in meeting social and economic challenges. It aligns with the broader goals of inclusivity and expanded participation in social efforts.

This order also aligns with Obama's broader initiative to improve government efficiency and accountability, a focus seen across his administration's various policies. By revising managerial roles and introducing transparent systems for fund allocation, EO 13743 aims to assure federal employees and the public of the integrity of government-managed charitable endeavors.

Historically, these orders have sought to institutionalize philanthropy within government ranks, signifying a continued recognition that public service extends beyond legislative duties to embrace community support and social improvement. Executive orders like 13743 serve as institutional reminders of the government’s acknowledgment of its workforce's altruistic potential and responsibility.

Overall, EO 13743 continues the historical trajectory towards more accountable, inclusive, and efficient government-driven charitable campaigns, building on the legacy of its predecessors while upgrading the framework for modern necessities.

Potential Controversies or Challenges

Concerns and Legal Scrutiny

EO 13743 has been relatively uncontroversial in the legal sphere, as it primarily amends a federally-established program framework rather than introducing entirely new elements or disrupting established statutory provisions. Its main focus on administrative restructuring stays well within executive authority. However, any substantial rulemaking or policy adjustment always carries potential risks of legal challenges, primarily if stakeholders perceive new rules as overreaching or constraining to their activities.

A foreseeable area of contention could arise around the operation of local Combined Federal Campaigns (CFC). Given the directive for outreach coordinators and central campaign administrators to operate under strict oversight, there may be concerns or grievances regarding administrative autonomy. Stakeholders might view these provisions as potentially limiting or bureaucratic, leading to disputes or calls for further revisions to ensure streamlined processes.

Another challenge lies in ensuring compliance across the board, particularly with the variety of organizations participating in the CFC. The revised eligibility and procedural guidelines demand high compliance standards, and implementing strict regulations can foster administrative burdens that invite criticism or pushback. Interested parties might argue against perceived micromanagement or unnecessary complexities in fund distribution, advocating instead for more simplified, flexible processes.

There might also be objections from advocacy groups or policy watchdogs demanding transparency reports about fund allocation and management. While these measures are embedded in the policy, ensuring their practical implementation and public transparency could remain an issue for debate and scrutiny.

Finally, it is crucial for the OPM to manage these initiatives within the constraints of federal budgets and appropriations. Any misalignment could bring about congressional oversight or intervention, prompting discussions about program funding adequacy or questioning executive spending discretion.