SILCNET at ILRU Presents Playing by the Rules

SILC-NET at ILRU Presents… Playing by the Rules: A SILC Fiscal Guide to Spending Federal Money Part II – Administrative Regulations April 26, 2011 Presented by: Tim and Melissa Glisson SILC-NET, a project of ILRU – Independent Living Research Utilization 0

SILC-NET at ILRU Presents… Playing by the Rules: A SILC Fiscal Guide to Spending Federal Money Part II – Administrative Regulations April 26, 2011 Presented by: Tim and Melissa Glisson SILC-NET, a project of ILRU – Independent Living Research Utilization 1

Session Objective • Describe key Federal regulatory agencies and regulations and the relationship between them in successfully carrying out the financial duties of a SILC-NET, a project of ILRU – Independent Living Research Utilization 2

Regulatory Agencies • “The Act” • CFR • EDGAR • OMB • FASB The Rehabilitation Act Code of Federal Regulations Education Department General Administrative Regulations Office of Management & Budget Financial Accounting Standard Board SILC-NET, a project of ILRU – Independent Living Research Utilization 3

Regulatory Agencies Pyramid The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 4

The Rehabilitation Act “The Act” Landmark Congressional legislation critical to the disability movement for: • Social Policy • Funding SILC-NET, a project of ILRU – Independent Living Research Utilization 5

The Rehabilitation Act, cont’d. History: • 1972 • 1973 • 1977 • 1978 – – – Passed / Pocket Veto Passed / Vetoed Passed / Signed IL regulations authorized The Act is reauthorized SILC-NET, a project of ILRU – Independent Living Research Utilization 6

The Rehabilitation Act, cont’d. 2 History: • 1972 – Passed / Pocket Veto • Hubert Humphrey • Amend Civil Rights Act -1964 • Rehabilitation Act of 1972 • President Nixon – pocket veto • Finances were “the issue” - Independent Living funds SILC-NET, a project of ILRU – Independent Living Research Utilization 7

The Rehabilitation Act, cont’d. 3 History: • 1973 – Passed / Presidential Veto • Reintroduced – passed • President Nixon – veto • Finances were still “the issue” - Independent Living Funds SILC-NET, a project of ILRU – Independent Living Research Utilization 8

The Rehabilitation Act, cont’d. 4 History: • 1973 – Passed / Signed • Reintroduced - passed • President Nixon – signed • Finances were no longer “the issue” - IL Funds were removed SILC-NET, a project of ILRU – Independent Living Research Utilization 9

The Rehabilitation Act, cont’d. 5 History: …Passed, Signed, but Irrelevant because “The Act” had no authorizing Regulations! SILC-NET, a project of ILRU – Independent Living Research Utilization 10

The Rehabilitation Act, cont’d. 6 History: • 1973 -1977 – no IL Regulations • Finances were “the issue” • Nation-wide “sit-ins” • HEW Sec. Califano caves in SILC-NET, a project of ILRU – Independent Living Research Utilization 11

The Rehabilitation Act, cont’d. 7 History: • 1977 – IL Regulations signed • 1978 – Rehabilitation Act is reauthorized - this time with funding. SILC-NET, a project of ILRU – Independent Living Research Utilization 12

The Rehabilitation Act, cont’d. 8 • Title I – Vocational Rehab Services • Title II – Research & Training • Title III – Professional Development & Special Projects • Title IV – Nat’l Council on Disabilities • Title V – Rights & Advocacy • Title VI – Employment Opportunity • Title VII – Independent Living Services SILC-NET, a project of ILRU – Independent Living Research Utilization 13

The Rehabilitation Act, cont’d. 9 • Title VII – Independent Living Services • 704 – State plan (704 report) • 705 – SILCs - composition - duties - compensation • 711 – Part B • 713 – SILC authorized use of funds • 725 – CIL fundraising SILC-NET, a project of ILRU – Independent Living Research Utilization 14

Regulatory Agencies Revisited The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 15

Code of Federal Regulations (CFR) • Text of federal agency regulation organized (codified) in a single publication. • 50 Titles - broad subjects of Federal Regulations – Education 34 th. SILC-NET, a project of ILRU – Independent Living Research Utilization 16

Code of Federal Regulations (CFR), cont’d. If regulations for a law aren’t written down, the law isn’t enforceable. • Law is the “intent” • Regulations are the “enforcement” - established in 1935 by law and Supreme Court decision SILC-NET, a project of ILRU – Independent Living Research Utilization 17

Code of Federal Regulations (CFR), cont’d. 2 • Text of federal agency regulation organized (codified) in a single publication - known as Administrative Law - required to be compiled & published - daily updates in the “Federal Register” - annually in the CFR SILC-NET, a project of ILRU – Independent Living Research Utilization 18

Code of Federal Regulations (CFR), cont’d. 3 • 50 Titles - broad subjects of Federal Regulations Title Title 34 6 11 21 35 – Education - Homeland Security – Federal Elections – Food & Drugs – Reserved (formerly Panama Canal) SILC-NET, a project of ILRU – Independent Living Research Utilization 19

Code of Federal Regulations (CFR), cont’d. 4 Independent Living Regulations • Title 34 CFR Sections 364; 365; & 366 SILC-NET, a project of ILRU – Independent Living Research Utilization 20

Regulatory Agencies Revisited II The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 21

EDGAR: Education Department General Administrative Regulations • Contains regulations for administering discretionary & formula grants awarded by D. O. E. • Regulations in Title 34 of CFR, parts 74 -99; collectively known as “EDGAR”. SILC-NET, a project of ILRU – Independent Living Research Utilization 22

EDGAR, cont’d. • • Part 74 75 77 82 – – Uniform Administrative Requirements Federal Grant Programs Federal Grant Definitions Lobbying & Advocacy for E. D. grantees SILC-NET, a project of ILRU – Independent Living Research Utilization 23

Regulatory Agencies Revisited III The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 24

Office of Management & Budget (OMB) • Part of Executive Office of President of U. S. • Ensure federal grants managed properly & according to applicable laws & regulations • Publishes daily circulars SILC-NET, a project of ILRU – Independent Living Research Utilization 25

Office of Management & Budget (OMB), cont’d. “The buck stops here” Harry S Truman 33 rd President of the United States SILC-NET, a project of ILRU – Independent Living Research Utilization 26

OMB Circulars • A – 110 Uniform Administrative Requirements • A – 122 Cost Principles • A – 133 Independent Audits SILC-NET, a project of ILRU – Independent Living Research Utilization 27

Regulatory Agencies Revisited IV The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 28

Financial Accounting Standards Board • The Financial Accounting Standards Board (FASB) a private, not-for-profit organization. Primary purpose - develop generally accepted accounting principles (GAAP) in the public's interest (U. S. ) • The Securities Exchange Commission (SEC) designated the FASB responsible for setting accounting standards for public companies in the U. S. SILC-NET, a project of ILRU – Independent Living Research Utilization 29

FASB, cont’d. • 116 – Contributions • 117 – Financial Statements SILC-NET, a project of ILRU – Independent Living Research Utilization 30

Regulatory Agencies Revisited V The Act 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 31

Regulatory Agencies Plus State Law The Act State Law 34 CFR 364 - 366 EDGAR 74, 75, 77, 82 OMB Circulars A-110, A-122 & A-133 FASB & GAAP SILC-NET, a project of ILRU – Independent Living Research Utilization 32

Questions and Answers SILC-NET, a project of ILRU – Independent Living Research Utilization 33

IL Regs, EDGAR, OMB Circulars, FASB, & More Document IL Regs EDGAR OMB Circulars: A-110 A-122 A-133 Parts/Title Web Address 34 CFR 364 -366 34 CFR Parts 74, 75, 77, 82, http: //www. gpoaccess. gov http: //www. ed. gov/policy/fund/reg/edgar. Reg/edgar. html Uniform Administrative Requirements Cost Principles for Nonprofit Organizations, Audits of States, Local Governments, and Non-Profit Organizations http: //www. whitehouse. gov/omb/circulars/a 110/2 cfr 215 -0. pdf Contributions Financial Statements Advocacy & Lobbying Cost Allocation IRS Form 990 IRS Form 269 http: //www. gasb. org/pdf/fas 116. pdf http: //www. 1800 net. com/nprc/fasb 117. html http: //www. muridae. com/nporegulation/lobbying. html www. o. gov/programs/cil/legislation. html http: //www. whitehouse. gov/omb/fedreg/2005/083105_a 122. pdf http: //www. whitehouse. gov/omb/circulars/a 133. pdf Other: FASB 116 FASB 117 SILC-NET, a project of ILRU – Independent Living Research Utilization http: //www. irs. gov/pub/irs-pdf/f 990. pdf http: //www. irs. gov/pub/irs-utl/sf 269 -blank. pdf 34

Wrap Up and Evaluation • Please complete the evaluation of this program by clicking here: https: //vovici. com/wsb. dll/s/12291 g 49 da 0 SILC-NET, a project of ILRU – Independent Living Research Utilization

SILC-NET Attribution Support for development of this Webinar/teleconference was provided by the U. S. Department of Education, Rehabilitation Services Administration under grant number H 132 B 070003 -10. No official endorsement of the Department of Education should be inferred. Permission is granted for duplication of any portion of this Power. Point presentation, providing that the following credit is given to the project: Developed as part of the SILC-NET, a project of the IL NET, an ILRU/NCIL/APRIL National Training and Technical Assistance Program. SILC-NET, a project of ILRU – Independent Living Research Utilization 36