Sample Letter to Mara Patermaster

[DATE]

Mara Patermaster

Director
Combined Federal Campaign
Office of Personnel Management
1900 E Street, NW
Washington, DC 20415-1000

Dear Ms. Patermaster:

On behalf of my organization and the thousands of non-profits that have and will continue to receive funding through the Combined Federal Campaign, I am writing in the hopes of gaining clarity about the scope and implications of the new policy regarding anti-terrorist watch lists. The only communication I have received from the CFC on this matter was the following language, contained in our funding agreement:

I certify that, as of _____(date) the organization named in this application does not knowingly employ individuals or contribute funds to organizations found on the following terrorist related list promulgated by the U.S. Government, the United Nations, or the European Union. Presently these lists include the Department of Treasury's Office of Foreign Assets Control Specially Designated Nationals List, the Department of Justice's Terrorist Exclusion List, and the list annexed to Executive Order 13224. Should any change in circumstances occur during the year OPM will be notified within 15 days of such change.

The potential scope and requirements of this policy are not at all clear from that language. Furthermore, based on recent media reports, I find that I have more questions than answers regarding the CFC policy. As such, I am writing you with a series of questions (below) in the hopes of receiving the guidance necessary to not only address any lingering ambiguities but also enable my organization to make informed decisions.

The following questions cannot be answered by information previously supplied by the CFC:

Current Employees

• What steps has the CFC taken to notify recipients of the full scope and meaning of the policy and its affirmative requirements for employers? Has the CFC developed a brochure or other informational resources to inform recipients and help them through the process? Conducted briefings or seminars? Has the CFC directly or proactively raised this policy with any of its participants, either prior to or since the recent media reports?

• How often is my organization required to check the list - once a year, when we hire a new employee, as often as the lists are updated?

• Will the CFC require proof or ""corroboration"" that an organization has checked the lists? If yes, what specifically is required? How does an organization know that it has fulfilled its obligation?

• If an organization signs onto the CFC funding requirements but does not check the lists, what are the implications for the organization?

• If an organization signs the funding requirements but later announces publicly that they will not, on principle, check their employees against the list, will the CFC take proactive steps to punish the organization (i.e. remove its name from the list or withhold funding or prosecute)?

• What is an organization required to do if we find that the name of one of our employees appears on the list, particularly if there are no other distinguishing facts provided on the list, such as a birth date, that would enable us to differentiate our employee from the individual wanted on the list? Are we required to notify the CFC? Other government agencies? Will our CFC funding be suspended or canceled upon such a notification - even if there is no certainty that our employee is the same individual?

• What if our organization checks names against the list but it is later found that we have an individual employed whose name is on the list - perhaps through an oversight on our part or a recent addition to the list? If we did not ""knowingly"" employ a person whose name is on the list, but nevertheless have someone whose name appears, what are the ramifications?

• What assurances are available to the non-profit community and its employees to help guard against unwarranted termination of employees whose name appears on the list?

• Has the CFC explored the potential legal exposure an organization might have if an employee is ""turned in"" in error?

Prospective Employees

• If we are required to check potential new employees against the list, at what point in the hiring process should this take place?

• If, during the interview process, we check a prospective employee's name against the list and it appears on the list, what is required of us? Are we required to ask additional questions (such as date of birth) that may well violate employment discrimination laws in order to certify that he or she is not the individual named on the list?

• What if there is no distinguishing information provided on the individual listed and thus we have no way to certify our potential employee is not the same person on the list? Are we prohibited from hiring him or her? Are we liable to sanctions from CFC if we hire him or her, knowing that the same name is on the list?

• If this is a critical position and a job offer is made in this period of time when the CFC policy is not clear, are we then able to rescind the offer without liability to the prospective employee?

Non-Employees

• Are we required to check the following types of individuals against the list and if so, are the requirements similar to those for employees?

  Volunteers
  Board members
  Individual donors (non-CFC)
  Sub-contractors and their employees
  Vendors and their employees
  Coalition partners or other alliance organizations and their employees
  Consultants (legal counsel, accountants, etc.)
  Temporary agency employees

Contributors

• What happens to the funds that have already been collected by the CFC and pledge to organizations that later elect to refuse the funding restrictions? Will the money be returned to the employee? Will there be an explanation?

• What about funds committed to an organization that is later found to be in violation of the policy? Will the funds be withheld? Will the contributor be notified?

As you can see, these are troubling issues and the lack of clarity only serves to create a climate of fear and intimidation - for employers and employees alike. Your response guidance on these matters is essential and will be greatly appreciated - by my organization, the more than 2,000 non-profits that receive nearly $250 million through CFC donations every year, and the millions of Americans we serve every day.

Sincerely,