CFC MEMORANDUM 2004-02

January 22, 2004

The Department of Justice (DOJ) has concluded, for purposes of compliance with the Freedom of Information Act (FOIA), that the Office of Personnel Management (OPM) is the appropriate entity to respond to requests by the public made under FOIA for copies of records related to the Combined Federal Campaign (CFC). DOJ reached this conclusion because Local Federal Coordinating Committees (LFCC's) were created and derive their responsibilities solely from OPM's CFC regulations at 5 CFR Part 950.

This issue recently was raised in the context of a request to a LFCC for a copy of an application by a charity applying to serve as a Principal Combined Fund Organization (PCFO). Any such request to a LFCC, whether or not the request specifically cites FOIA, should be referred to the Office of CFC Operations. LFCC's should advise PCFO applicants that if a third party requests a copy of its application, the organization will have the opportunity to redact any proprietary information before the application is released.

We take this opportunity to remind you that, in accordance with CFC Regulations at 5 CFR §950.105(b), when requested in writing, the PCFO must provide representatives of federations, agencies and the general public the opportunity to review at the PCFO office, all reports, budgets, audits, training materials, and other records pertaining to the CFC.

For further information about the FOIA process please refer to www.opm.gov/efoia.