1. The below references are taken into all Friends of the Guard Limited (FOTG) planning considerations. The primary mission of the FOTG is to offer support to the employees of the National Guard Professional Education Center. Support in the form of free events, community support, recreational activities and hardship support when needed.

A. Use of Government Resources (fiscal and ethical considerations):

1. 5 C.F.R. § 2635.704: Use of Government property

2. 5 C.F.R. § 2635.705: Use of official time

3. 5 C.F.R. § 2635.808: Fundraising

4. 41 C.F.R. Subpart D (§ 102-74.460 et seq.): Occasional Use of Public Buildings

5. DoD 5500.07-R, Joint Ethics Regulation (JER)

a. 2-301: Generally limits use of Government property to authorized purposes

b. 3-303: Prohibits use of Federal personnel for unofficial purposes.

6. Principles of Federal Appropriations Law (GAO Redbook) http://www.gao.gov/special.pubs/redbook1.html

7. Office of Legal Counsel (DOJ) opinions http://www.justice.gov/olc/opinions.htm

8. DoDD 1000.26E, Support for NFEs Authorized to Operate on DoD Installations (2/2/07)

9. DoDI 1000.15, Procedures and Support for NFEs Authorized to Operate on DoD Installations (10/24/08)

10. DoDD 1100.20, Support for Outside Eligible Organizations (4/12/04)

11. DoDD 5410.18, Public Affairs Community Relations Policy (11/20/01)

12. DoDI 5410.19, Public Affairs Community Relations Policy Implementation (11/13/01)

13. 5 C.F.R. § 251.202: Agency Support to Private Organizations Representing or Serving Federal Employees

14. Opinions of the Comptroller General: http://www.gao.gov/legal.htm

B. Preferential Treatment:

1. 5 C.F.R. § 2635.702(b): Appearance of governmental sanction

2. 5 C.F.R. § 2635.702(c): Endorsements

3. 5 C.F.R. § 2635.808: Fundraising

4. DoD 5500.07-R, Joint Ethics Regulation (JER), Change 7, 05/15/2024

a. JER 3-209: Endorsement

b. JER 3-211: Logistical Support for NFE events

C. Conflicts of Interest:

1. JER 3-202: Management of private organizations

2. JER 3-304: Prior approval of outside employment and business activities

D. Army Guidance:

1. Private Organization Reference Guide (October 1998)

2. AR 210-22, Private Organizations on Department of the Army Installations (05/12/2022)

3. AR 360-1, The Army Public Affairs Program (10/8/2020)

4. AR 1-10, Fund-Raising within the Department of the Army (12/16/2022)

5. AR 600-20, Army Command Policy (02/06/2025)

2. The following will be guidelines FOPL will follow when supporting the National Guard Professional Education Center.

A. Personnel shall not use Government property for other than authorized purposes.

(5 C.F.R. 2635.101(b)(9))

B. Personnel shall not use public office for private gain. (5 C.F.R. § 2635.101(b)(7))

C. Personnel shall not give preferential treatment to any private organization or individual. (5 C.F.R. § 2635.101(b)(8))

D. Personnel shall not participate in official matters that conflict with personal interests. (5 C.F.R. §§ 2635.402 and 2635.502)

E. Unless an outside activity is prohibited by statute or DoD regulation, or otherwise conflicts with their official duties, DoD personnel may voluntarily become members of, and actively participate in, NFEs, such as professional associations, civic, religious, or scouting groups, etc. When doing so, they must act exclusively outside the scope of their official position.

F. DoD personnel may not (in their official capacity) endorse the NFE. Nor may they use, or permit the NFE to use, their official titles, positions, or organization names in connection with the NFE, which includes on the NFE’s website, or any list, letterhead, or promotional materials. Active military members may use their rank and Service when identifying themselves in connection with the NFE. Retired members may do so only if they clearly identify the retired or inactive Reserve status. (5 C.F.R. § 2635.702(c) and JER 3-300 a (1))

G. DoD personnel may not encourage, pressure, or coerce other personnel, especially subordinates, to join, support, or otherwise participate in outside organizations. (5 C.F.R. § 2635.702(a))

H. They may not personally solicit funds for the NFE from subordinates or prohibited sources. (5 C.F.R. § 2635.808(c))

I. They may not use appropriated funds, Government resources or official personnel to assist them in their work for the NFE. Note that Agency Designees may allow personnel the limited use of certain resources under specific, narrow exceptions, which they may use in connection with their NFE participation. See B., below; JER 2-301.b., and 3-300(b)

J. Use of Government Resources by DoD personnel serving in a personal capacity.

     (1) Agency Designees may allow limited personal use of Federal Government resources, other than personnel, if such use:

       (a) Does not adversely affect performance of official duties,

       (b) Is of reasonable duration and frequency and not on official time,

       (c) Serves a legitimate public interest,

       (d) Does not reflect adversely on DoD, and

       (e) Creates no significant additional cost to DoD. (JER 2-301.b)

K. DoD personnel, in their personal capacities, may participate as advisors, consultants, or on advisory boards of NFEs, provided they act exclusively outside the scope of their official position. DoD policy, however, strongly discourages such participation with DoD prohibited sources when there is a high risk of inadvertent violations or the appearance of such violations.

L. DoD may co-sponsor a civic or community activity (fostering good relations with the local community is in the best interests of DoD) when the activity is unrelated to the purpose or business of the co-sponsoring non-Federal entities. (DoDD 5410.20)

M. Private Organizations Operating on DoD Installations.

     (1) DoDI 1000.15 (10/24/08) applies to non-Federal entities operating on DoD installations and establishes additional requirements for on-base organizations.

     (2) JER applies: no special privileges or rights.

     (3) Organizations may not give the appearance of being official or sanctioned by DoD (including letterhead).

     (4) Require approval by installation commander.

     (5) Does not apply to: American National Red Cross, United Services Organization, United Seamen's Service, financial institutions. (These are governed by individual directives and/or have separate statutory authority for support.)

N. An event sponsored by an NFE is not an official event, so the NFE may not use official seals or emblems in connection with the event, even if DoD personnel are speaking.

O. JER 3-211.a. provides that heads of DoD Component organizations may provide, on a limited basis, logistical support (use of DoD facilities and equipment) to non-Federal entity events, but only if they determine seven factors to ensure that the support may be authorized as supporting legitimate DoD interests. The seven factors are:

     (a) The support does not interfere with performance of official duties (of the entire organization, not just those directly providing support) and does not detract from readiness;

     (b) The support serves legitimate DoD public affairs interests, military training interests (as identified at 10 U.S.C. § 2012), or community relations interests;

       (i) See DoDD 5410.18, DoDI 5410.19, and relevant Military Department regulations (See References above).

       (ii) Except for programmed public affairs activities in the O&M funds, community relations activities shall not involve any additional cost to the Government. (DoDD 5410.18, 4.2.1 and 4.9)

     (c) The event is appropriate for association with DoD;

     (d) The event is of interest and benefit to the community or DoD;

     (e) DoD Component organization is willing and able to provide the same support to comparable events sponsored by similar non-Federal entities (No preferential treatment);

     (f) The support is not barred by statute or regulation (e.g., DoD aircraft and vehicles may not be leased to non-Federal entities if commercial assets are available, see 10 U.S.C. § 2560); and

     (g) Admission to the event is

       (i) Free,

       (ii) DoD support, if provided, may range from incidental to less than substantial when admission is an amount that covers only the reasonable costs of sponsoring the event or that portion of the event that receives DoD support, or (iii)DoD support, if provided, may not be more than incidental, in accordance with public affairs guidance, when admission is an amount that exceeds the “reasonable costs” of sponsoring the event or that portion of the event that receives DoD support.

          (a) Currently, an admission fee of $759 a day or less for all attendees (considering the highest rate charged to any attendee, including late fees) is considered reasonable as a “rule of thumb.” This reasonable fee may be adjusted upward, but only by the percentage amount by which the per diem rate for the conference location exceeds that for Washington, D.C. No downward adjustment is required. The reasonable fee will be adjusted every three years by the percentage increase or decrease in the minimal value established by GSA under the Foreign Gifts and Decorations Act. See SOCO Advisory, March 23, 2009.

          (b) "Incidental support" is defined as support that has a negligible or minimal impact on the planning, scheduling, functioning, or audience draw of a public event.

P. JER 3-211.b. provides that heads of DoD Component organizations may provide, on a limited basis, logistical support (use of DoD facilities and equipment) to charitable fundraising non-Federal entity events, but only if they determine factors 1-6 in above section O are determined.

Q. NFEs should not use images of identifiable persons, including DoD personnel, without obtaining permission from those persons for use of their image in commercial, advertising, marketing, or promotional activities. Such images include DoD imagery that is publicly available, such as on any DoD website. When NFEs use any images that may appear to be identified with the Department of Defense or any of its Components in commercial, advertising, marketing, or promotional activities, they should include, in a reasonably prominent position and easily readable type size, a disclaimer that neither the Department of Defense nor any of its components endorse the NFE or the product, service, or event.