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NAVREF UPDATES – July 8, 2009

  1. FY 2010 Appropriations for VA Research
  2. NPC Bill on Track to Advance
  3. NAVREF Partners with Lorman Educational Services (LES)
  4. 2009 Annual Conference
  5. Statutory VA Board Members Annual Conference Travel
  6. Sample Letters Requesting Change in IRS Sub-classification
  7. Extends Higher FDIC Coverage
  8. VA Publishes Final Notice Regarding Form 450 Filers
1.  FY 2010 Appropriations for VA Research.

 

FY 2010 Appropriations for VA Research.  The outlook for the FY 2010 appropriation for the VA medical and prosthetic research account remains very positive.  Both the House and Senate Committees on Appropriations recently approved $580 million for VA research, the funding level previously requested by the Obama administration and recommended by the Appropriations Subcommittees on Military Construction, Veterans Affairs and Related Agencies.  Floor debate on the House bill, H. 3082, is expected to begin on Friday.  For details of the House and Senate bills and report language discussing congressional priorities, go to http://thomas.loc.gov/home/approp/app10.html and scroll down to “Military/Veterans.”  Click on the report link and then go to Title II for the VA spending accounts. 

 

Both the House and Senate appropriations bills recommend about $48 billion dollars for 2011 “advance appropriations” for VA medical services.  According to appropriators, the purpose is to “provide a stable and uninterrupted source of funding for veterans’ health care.”  Championed by the veterans service organizations, advance funding is a way to avoid the disruptions caused in recent years by protracted continuing resolutions.  Advance funding is provided only for VA health services accounts and does not include VA research.

 

2.   2009 NPC Bill on Track to Advance

 

NPC Bill on Track to Advance.  Despite the anti-climactic hearing on June 18, the Health Subcommittee of the House Committee on Veterans Affairs (HVAC) is expected to approve H.R. 2770, the Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009, on Thursday, July 9.  Many hurdles still remain before H.R. 2770 or its Senate counterpart, title VI of S. 252, becomes law, but with HVAC and Senate Veterans Affairs Committee (SVAC) leaders as sponsors and VA testifying twice in support of the bill, everything seems to be lining up for a positive outcome.

 

3.  NAVREF Partners with Lorman Educational Services (LES).

 

NAVREF Partners with Lorman Educational Services (LES).  NAVREF has entered into a “Partnership Program” with LES as a way to make available to NAVREF members convenient, reasonably priced, high quality educational programs.  LES provides a wide variety of well-regarded business educational programs using different delivery mechanisms (in-person seminars, teleconferences, and webinars as well as publications).  Of particular interest to NPCs, LES offers in-depth, timely training on nonprofit and human resources management topics.

 

As a member benefit, NAVREF members will receive a 30% discount by entering NAVREF’s “priority code” when they register for an LES program.  Once a month, NAVREF will send you a list of courses that may be of interest to NPC personnel.  If you are not interested in these emails, please simply delete them on arrival; do not mark them as “junk email” as that would block all future emails from NAVREF.

 

4.  2009 Annual Conference. 

 

2009 Annual Conference Registration Reminder.  It’s already July and the summer will be gone in a flash.  The deadline for the 2009 NAVREF Annual Conference registration is August 24, 2009, but don’t delay.  Register now to be sure you and the board member(s) who accompany staff qualify for the regular registration rate.  To register, please go to:  https://www.regonline.com/NAVREF09AC.

 

5.  Statutory VA Board Members Annual Conference Travel.

 

Statutory VA Board Members Annual Conference Travel.  Please be aware that VA-appropriated medical center funds may be used to support NAVREF Annual Conference travel expenses for statutory VA board members of NPCs – the medical center director, COS, ACOS/R and ACOS/E.  With “governance” as the main theme of the 2009 Annual Conference, and encouragement for at least one board member from each NPC to attend along with staff members, NAVREF recognized that this could add up to a significant expense, particularly for smaller NPCs.  Therefore, NAVREF sought and obtained verification from Lisa Hardzog of VA Office of General Counsel Professional Staff Group IV that it is permissible to use VA-appropriated medical center funds to support attendance by the statutory VA board members. 

 

Question Posed:  May VA-appropriated funds be used to support the expenses of a statutory VA board member for travel to and attendance at the NAVREF Annual Conference in his/her official capacity? 

 

Answer from Lisa Hardzog PSG IV: Yes. VA appropriations may be used to directly fund the travel of VA board members appointed under 38 USC 7363(a)(1) if their participation in the conference is a necessary expense of carrying out VA medical and prosthetic research and development programs.  An expenditure is a “necessary expense” if it is reasonably necessary in carrying out an authorized function or will contribute materially to the effective accomplishment of that function.  I am certain that an argument could easily be crafted that the attendance of these board members will advance/facilitate ch. 73 research programs.

 

6.  Sample Letters Requesting Change in IRS Sub-classification.

 

Sample Letters Requesting Change in IRS Sub-classification.  Although all NPCs are 501(c)(3) organizations, they have varying IRS sub-classifications, some of which entail meeting certain tests and additional reporting in order to maintain exempt status, or require justification under changes in the IRS code promulgated by the Pension Protection Act of 2006.  It is important to be aware of your NPC’s sub-classification.  Certain sub-classifications may make it more likely that your accountant may determine that your NPC and VAMC are “related” for purposes of the 2008 IRS Form 990, requiring you to collect personal information from your board members.  Additionally, it is important to check the box on Form 990, Schedule A, Part I, that is consistent with your NPC’s IRS sub-classification, and to complete required supporting schedules, if any.  As the IRS transitions to electronic submission, it is more likely that it will capture inconsistencies between assigned sub-classifications and 990 reporting, possibly subjecting organizations to fines.

 

Your NPC’s sub-classification should be identified in the second paragraph of the letter your NPC received from the IRS notifying your NPC that it was approved for exempt status.  NAVREF encourages all NPCs to verify that they are checking the correct box on Form 990, Schedule A, Part I.  NAVREF also suggests that those NPCs with the following sub-classifications may wish to discuss with their accountants the possibility of requesting a change in sub-classification:

 

  • 509(a)(1) and 170(b)(1)(A)(vi)

  • 509(a)(3)

 

For NPCs primarily administering research funds, the most accurate sub-classification is 509(a)(1) and 170(b)(1)(A)(iii) which is applicable to medical research organizations operated in conjunction with hospitals.  Those NPCs with other sub-classifications may certainly retain them, but should make an effort to ensure that they are aware of and complying with the applicable requirements.

 

Nancy Watterson-Diorio, executive director of the Boston VA Research Institute, asked NAVREF to review the letter her accountant drafted to request a change from 509(a)(3) to 509(a)(1) 170(b)(1)(A)(iii).  Nancy has generously shared the final letter which NAVREF has turned into a generic form letter for use by any NPC that may wish to pursue a change.  See: http://www.navref.org/newsletter/word/Generic_Letter_to_IRS_Change_Subclassification-a3_to_iii.doc  A similar letter requesting a change from 509(a)(1) and 170(b)(1)(A)(vi) to 509(a)(1) and170(b)(1)(A)(iii) is posted at http://www.navref.org/newsletter/word/Generic_Letter_to_IRS_Change_Subclassification-vi_to_iii.doc.

 

7.  Extends Higher FDIC Coverage.

 

Congress Extends Higher FDIC Coverage.  According to the FDIC web site: 

 

Deposits at FDIC-insured institutions are now insured up to at least $250,000 per depositor through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000 per depositor for all account categories except for IRAs and other certain retirement accounts which will remain at $250,000 per depositor. (This supersedes the October 3, 2008 changes.)

 

For additional details, go to http://www.fdic.gov/deposit/deposits/changes.html  This change should make it somewhat easier for NPCs to keep their funds safe.

 

8.  A Publishes Final Notice Regarding Form 450 Filers

 

VA Publishes Final Notice Regarding Form 450 Filers.  As noted in an email forwarded on June16, VA’s ethics official has designated statutory VA board members of NPCs as “confidential financial disclosure filers.”  Please go to http://www.navref.org/newsletter/pdf/NPC_CFD_Designation_Memo.pdf  for the final notice and to http://www.navref.org/newsletter/pdf/OGE_Form_450-June_2008_Edition.pdf for the Form 450.  The deadline for filing is July 22, 2009.

 


Questions or comments about this Update may be directed to:
Email:
navref@navref.org | Phone: 301-656-5005 | Fax: 301-656-5008


 

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last updated: 01/04/10

 

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