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
2012
Open to Public Inspection
Name of the organization
National Constitution Center
Employer identification number
23-2434447
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
7,694,516
7,261,167
10,762,137
7,878,731
7,338,426
40,934,977
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
7,694,516
7,261,167
10,762,137
7,878,731
7,338,426
40,934,977
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)..
13,080,172
6
Public support. Subtract line 5 from line 4.
27,854,805
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
7,694,516
7,261,167
10,762,137
7,878,731
7,338,426
40,934,977
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
865,505
712,208
530,199
471,413
927,970
3,507,295
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
0
0
57
1,217,061
1,217,118
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
2,105,476
1,781,601
1,863,439
1,939,553
479,642
8,169,711
11
Total support (Add lines 7 through 10).
53,829,101
12
Gross receipts from related activities, etc. (see instructions)
..................
12
18,325,730
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
51.747 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
55.100 %
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
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
2012
Open to Public Inspection
Name of the organization
National Constitution Center
Employer identification number
23-2434447
Identifier
Return Reference
Explanation
Form 990, Part VI, Line 11b
The 990 worksheets are prepared by the Senior Accountant in conjunction with the preparation of the audited financial statements. The VP of Finance reviews the worksheets for accuracy and once all information is correct, the worksheets are sent to the return preparers (an Independent national firm) to be processed. A draft of the 990 is sent to the organization, The VP of Finance, the COO and the CEO for review and approval. Once internal review and approval is completed, the 990 is sent to the Audit Committee. The Audit Committee of the board of trustees reviews the documents and a conference call is scheduled to discuss the 990. The participants include the members of the Audit Committee, the CEO, the COO, the VP of Finance and the return preparers. The Audit Committee modifies or approves the 990. The Chairman of the Audit Committee sends the draft to the Board of Trustees with the recommendation from him and the Audit Committee for approval. The Board of Trustees has one week to comment. Any comments from the board are considered by the audit committee and staff, after Which, If changes are made, the approval process is repeated. If no changes are made or if no comments are received, the 990 is considered approved and is filed with the IRS.
Form 990, Part VI, Line 12C
The National Constitution Center has a Conflict of Interest Policy. A copy of the policy and the questionnaire are given to all new employees and newly elected Trustees during their orientation period. Annually, the policy and questionnaire are sent to all Trustees, employees and volunteers Trustees, employees and volunteers have one month to complete the questionnaire and send the completed forms back to the Center. The Chief Compliance Officer (CCO) follows up with any employee who failed to submit his/her form. Trustees are also sent reminders; The CCO and VP of Finance review all questionnaires to determine if any conflicts exist. The results of the annual questionnaire responses are discussed with the Audit Committee. Significant conflicts, if any, are brought to the Committee's attention. The Audit Chairman makes the determination if the conflict is Significant enough to warrant full Board review. Significant conflicts are then brought to the Board of Trustees who determines a course of action based upon the Conflict of Interest Policy.
Form 990, Part Vi, Lines 15A and 15B
The CEO of the National Constitution Center is hired by the Board of Trustees. Typically, a Search Committee is formed to conduct the search process. Additionally, a professional Executive Search Firm is also engaged to facilitate the search process. This Committee is a temporary sub-committee of the Executive Committee and includes the Chairman of the Executive Committee, appointed Trustees and appropriate staff (ie COO). Once a CEO has been identified, a contract is prepared by the Center's General Counsel. The Search Committee,who acts as the Center's "independent persons" recommends the CEO's compensation based on the following criteria: Comparable data - what was the former CEO's compensation and what are like organizations CEO's compensation. Contemporaneous substantiation - data is collected and documented during this process. The CEO's contract, which includes compensation,is presented to the Executive Committee by the Search Committee. In Executive Session the contract is approved by the Executive Committee. The Executive Committee then presents the contract to the full Board of Trustees for approval. Compensation Procedure for Top Management: The CEO and the COO hire the organization's top management team. The National Constitution Center hired a consultant to develop a salary administration program which is broken down into position levels with corresponding salary ranges. Compensation is determined by a potential employee's qualifications and referring to the appropriate position level within the salary administration program.
Form 990, Part VI, Line 19
The National Constitution Center will make all Governing Documents, Conflict of Interest and Financial Statements available to the public by providing copies upon request.
Form 990, Part XI, Line 5
Pass-through investment income - income not included in the audited financial statements: $ 3,321.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.