Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
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Organizations that are not required to file IRS Form 990 with the IRS must nonetheless submit a completed copy of that Form with their application for national or local eligibility.
Any federation that certifies the eligibility of one of its member agencies whose administrative and fundraising expenses exceed 25% of total support and revenue must submit to OPM, along with its certification, the member agency's justification for such excess, as well as the member agency's plan for bringing itself in compliance with the limitation in future years.
Eligibility of MW&R activities to share in undesignated CFC funds shall be limited to those activities that meet the standards set forth in [5 CFR Part 950.204]
...permit local federations to be granted local federation status in the CFC so long as: 1) they identify to the LFCC those of their members which are ineligible to participate in the CFC; and 2) certify that those ineligible members will not be the recipients of any CFC funds.
Separate and distinct agencies, which are found by the LFCC to serve different geographic areas, may be individually listed along with their own 25-word statements, notwithstanding the fact that they may share similar names.
In determining whether an applicant agency meets the requirements of [the regulations regarding administrative and fundraising costs at or below 25%], and where there appears to be a conflict between the applicant agency's audit and its IRS Form 990, the dollar amount set forth in lines 12 through 15 of the applicant agency's IRS Form 990 shall be conclusive.
This office will not go beyond a LFCC's stated reasons for denying an application, even though the record may disclose that an applicant agency is otherwise ineligible. In reviewing the stated reasons for a LFCC's denial of an application, this Office will not overturn a LFCC's determination of factual issues unless the appellant can demonstrate by a clear preponderance of the evidence that the LFCC's finding was "clearly erroneous."
In order to be nationally eligible, an agency must have provided "real services, benefits, assistance, or programs" in at least 15 or more different states during any time in the three years preceding the Campaign to which it is applying.
LFCC's in campaigns which received less than $100,000 in the prior campaign year have broad discretion in determining whether to waive the requirement of a 25-word statement. However, that discretion is not sufficiently broad to waive the requirement that an agency disclose its percentage of administrative and fundraising costs in the campaign brochure, and therefore that requirement may not be waived.
The names of employees making undesignated contributions need not be disclosed to any agency or federation.
Materials submitted in connection with successful applications to participate in the CFC shall be made available, upon request, to any member of the public or the media.
Commencing in the Campaign Year 1989, all applications for the position of PCFO shall be made available to any person or organization upon request.
Medicare and Medicaid funds, which reach an organization through the voluntary choices of members of the general public, should not be considered "Federal Government" funds...
This summary contains the ruling only. Background and discussion information was included with each opinion at the time it was issued. All opinions were issued in 1988 and 1989 prior to the re-write of the regulations in both 1991 and 1995. Therefore, many of the rulings have been directly incorporated into the most recent regulations.