Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
ILSI HEALTH AND ENVIRONMENTAL SCIENCES INSTITUTE
Employer identification number
52-2337019
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2,825,180
2,868,100
3,025,166
2,817,268
3,432,804
14,968,518
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
2,825,180
2,868,100
3,025,166
2,817,268
3,432,804
14,968,518
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
2,434,412
6
Public Support. Subtract line 5 from line 4.
12,534,106
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
2,825,180
2,868,100
3,025,166
2,817,268
3,432,804
14,968,518
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
139,759
152,339
106,265
57,600
50,893
506,856
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
4,436
99
4,535
11
Total support (Add lines 7 through 10).
15,479,909
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
237,662
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
80.970 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
82.440 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
ILSI HEALTH AND ENVIRONMENTAL SCIENCES INSTITUTE
Employer identification number
52-2337019
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
HESI HAS AN EXECUTIVE COMMITTEE, WHICH IS COMPOSED OF HESI OFFICERS, THE IMMEDIATE PAST CHAIRPERSON OR PAST PRESIDENT, AND MEMBERS-AT-LARGE ELECTED BY THE HESI BOARD OF TRUSTEES. THE EXECUTIVE COMMITTEE HAS ALL OF THE POWERS OF THE BOARD TO TRANSACT BUSINESS AND ROUTINE AFFAIRS BETWEEN MEETINGS, BUT MAY NOT TAKE EXTRAORDINARY ACTIONS. ADDITIONALLY, TRANSACTIONS APPROVED BY THE COMMITTEE MUST BE REPORTED IN FULL AT THE NEXT BOARD MEETING.
FORM 990, PART VI, SECTION A, LINE 6
MEMBERSHIP IS OPEN TO BUSINESSES THAT ARE PRODUCERS OF FOOD, BEVERAGES, PHARMACEUTICALS, COSMETICS, AGRICULTURAL AND OTHER CHEMICALS, FORESTRY AND PAPER PRODUCTS, COMMUNICATIONS PRODUCTS, TRANSPORTATION PRODUCTS, ENERGY PRODUCTS, PERSONAL CARE AND HOUSEHOLD PRODUCTS, OR CONTAINERS THEREOF, OR ARE PRODUCERS OF INGREDIENTS USED THEREIN OR IN CONNECTION THEREWITH, OR ARE PROVIDERS OF SCIENTIFIC AND TECHNICAL SERVICES USED IN THE SAFETY TESTING OR PRODUCTION OF THE FOREGOING PRODUCTS. NO TRADE ASSOCIATION AND NO FIRM WHOSE BUSINESS CONSISTS PRINCIPALLY OF PROVIDING PROFESSIONAL CONSULTING SERVICE OR ADVICE MAY BE A MEMBER. ASSOCIATE MEMBERSHIP IS OPEN TO BUSINESSES THAT HAVE NOT BEEN MEMBERS OR ASSOCIATE MEMBERS OF HESI FOR AT LEAST 3 (THREE) YEARS AND HAVE NOT BEEN ASSOCIATE MEMBERS FOR MORE THAN 2 (TWO) YEARS; (I) MEET THE MEMBERSHIP CRITERIA ESTABLISHED BY THE ILSI BOARD OF TRUSTEES AS THEY APPLY TO HESI; (II) ARE PRODUCERS OF FOOD, BEVERAGES, PHARMACEUTICALS, COSMETICS, AGRICULTURAL AND OTHER CHEMICALS, FORESTRY AND PAPER PRODUCTS, PERSONAL CARE AND HOUSEHOLD PRODUCTS, OR CONTAINERS THEREOF, OR ARE PRODUCERS OF INGREDIENTS USED THEREIN OR IN CONNECTION THEREWITH; (III) ARE INTERESTED IN FURTHERING THE PURPOSES OF HESI; (IV) APPLY FOR ASSOCIATE MEMBERSHIP; (V) SUBSCRIBE TO THESE BYLAWS; AND (VI) AGREE TO SUCH OTHER REASONABLE CONDITIONS OF ASSOCIATE MEMBERSHIP ESTABLISHED BY THE HESI BOARD OF TRUSTEES. NO TRADE ASSOCIATION MAY BE AN ASSOCIATE MEMBER.
FORM 990, PART VI, SECTION A, LINE 7A
PURSUANT TO ARTICLE V, SECTION 3 OF THE BYLAWS, HESI'S MEMBERS ELECT MEMBERS OF THE BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION B, LINE 11
THE CFO, EXECUTIVE DIRECTOR, AND GENERAL COUNSEL REVIEW THE RETURN. ONCE IT IS IN ITS FINAL FORM, A COPY IS SENT ELECTRONICALLY TO THE BOARD OF TRUSTEES FOR REVIEW.
FORM 990, PART VI, SECTION B, LINE 12C
THE EXECUTIVE DIRECTOR, TRUSTEES AND KEY EMPLOYEES COMPLETE CONFLICT OF INTEREST FORMS ON AN ANNUAL BASIS. COMPLETED CONFLICT OF INTEREST FORMS ARE REVIEWED BY IN-HOUSE COUNSEL, WHOSE OBSERVATIONS ARE SHARED WITH THE CHAIR AND THE EXECUTIVE COMMITTEE. IN THE EVENT THAT A CONFLICT SHOULD ARISE ON THE PART OF A TRUSTEE, THE DISINTERESTED MEMBERS OF THE EXECUTIVE COMMITTEE WILL COMMUNICATE WITH THE INTERESTED TRUSTEE TO DETERMINE THE NATURE OF THE CONFLICT AND WHETHER THE TRUSTEE SHOULD ABSTAIN FROM DECIDING ON MATTERS AFFECTED BY THE INTEREST. THE EXECUTIVE COMMITTEE HAS THE AUTHORITY TO REMOVE THE TRUSTEE WITH THE INTEREST FROM CONSIDERATION OF THE MATTER TO WHICH THE INTEREST PERTAINS. THE PRESIDENT AND THE CHAIR OF HESI REVIEW THE CONFLICTS OF INTEREST DECLARATION OF THE EXECUTIVE DIRECTOR AND MANAGE ANY INTERESTS DECLARED BY THE EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR REVIEWS THE CONFLICT OF INTEREST DECLARATIONS OF THE KEY EMPLOYEES AND MANAGES ANY INTERESTS DECLARED BY THE KEY EMPLOYEES.
FORM 990, PART VI, SECTION B, LINE 15A
IN 2008, THE EXECUTIVE COMMITTEE OF HESI'S BOARD OF TRUSTEES ESTABLISHED A FORMAL PROCESS FOR SETTING EXECUTIVE COMPENSATION IN ACCORDANCE WITH THE INTERNAL REVENUE SERVICE SAFE HARBOR REGULATION REGARDING EXCESS BENEFITS. THAT PROCEDURE WAS INCLUDED IN HESI'S BYLAWS BY VIRTUE OF AN AMENDMENT IN JANUARY 2009. THE PROCEDURE ESTABLISHED A COMPENSATION COMMITTEE CONSISTING OF FOUR TRUSTEES, NONE OF WHOM SHALL HAVE A CONFLICT OF INTEREST WITH RESPECT TO THE REVIEW AND DETERMINATION OF THE COMPENSATION OF HESI EMPLOYEES. IN THE ABSENCE OF A CONFLICT OF INTEREST, THE MEMBERS OF THE COMPENSATION COMMITTEE SHALL BE THE PRESIDENT, THE VICE-PRESIDENT, THE TREASURER, AND THE CHAIRPERSON OF THE HESI BOARD OF TRUSTEES. THE COMPENSATION COMMITTEE SHALL REVIEW THE COMPENSATION OF THE EXECUTIVE DIRECTOR AND SUCH OTHER EMPLOYEES OF HESI THE COMPENSATION COMMITTEE DETERMINES APPROPRIATE ANNUALLY, AND WHENEVER A MODIFICATION IN COMPENSATION IS PROPOSED. THE REVIEW INCLUDES AN EVALUATION OF THE PERFORMANCE OF THE EMPLOYEES AND AN ANALYSIS OF APPROPRIATE COMPARABILITY DATA. BASED ON ITS REVIEW, THE COMPENSATION COMMITTEE SHALL DECIDE JUST AND REASONABLE COMPENSATION AMOUNTS FOR THE EMPLOYEES. THE COMPENSATION COMMITTEE RECORDS ITS DECISION IN CONTEMPORANEOUS WRITTEN MINUTES IN ACCORDANCE WITH THE IRS SAFE HARBOR REGULATION WITH REGARD TO EXCESS BENEFITS. THE COMPENSATION COMMITTEE IS ONLY REQUIRED TO PERFORM THE COMPENSATION REVIEW DESCRIBED ABOVE WITH REGARD TO COMPENSATION OF THE EXECUTIVE DIRECTOR. HOWEVER, THE COMMITTEE HAS THE DISCRETION TO PERFORM SUCH A REVIEW WITH REGARD TO ANY HESI EMPLOYEE AS IT DETERMINES APPROPRIATE. IF THE COMPENSATION OF A HESI EMPLOYEE OTHER THAN THE EXECUTIVE DIRECTOR IS NOT DETERMINED IN ACCORDANCE WITH THE PROCEDURE DESCRIBED ABOVE, HIS/HER COMPENSATION IS SET BY THE EXECUTIVE DIRECTOR IN ACCORDANCE WITH HIGH-TO-LOW RANGES ESTABLISHED BY THE DIRECTOR OF HUMAN RESOURCES IN COOPERATION WITH THE EXECUTIVE DIRECTOR. THE COMPENSATION REVIEW FOR THE EXECUTIVE DIRECTOR AND ANY OTHER HESI EMPLOYEE SUBJECTED TO COMPENSATION COMMITTEE REVIEW DOES INCLUDE A REVIEW AND APPROVAL BY INDEPENDENT PERSONS, COMPARABILITY DATA, AND CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION. COMPENSATION OF EMPLOYEES THAT IS NOT SUBJECT TO SUCH A FORMAL REVIEW IS ESTABLISHED BY THE EXECUTIVE DIRECTOR, WHO IS INDEPENDENT OF THE EMPLOYEES, AND IT IS NORMALLY BASED ON AN INFORMAL REVIEW OF COMPARABLE COMPENSATION IN NONPROFIT CORPORATIONS OF THE SAME SIZE IN THE WASHINGTON, DC AREA. THE PROCESS BY WHICH COMPENSATION IS SET IS DOCUMENTED IN WRITING, BUT THIS IS NOT DONE IN THE SAME FORMAL MANNER AS REVIEW BY THE COMPENSATION COMMITTEE.
FORM 990, PART VI, SECTION C, LINE 19
ARTICLES OF INCORPORATION, BYLAWS, AND CONFLICT OF INTEREST POLICY WERE AVAILABLE TO THE PUBLIC UPON REQUEST. IN 2009, THESE DOCUMENTS WERE POSTED ON HESI'S WEBSITE.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 61,046.
FORM 990, PART X11, LINE 2C:
THE AUDIT OVERSIGHT PROCESS HAS REMAINED UNCHANGED FROM THE PREVIOUS YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.