A SILC Fiscal Guide to Spending Part II – Administrative Regulations 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

A SILC Fiscal Guide to Spending Part II – Administrative Regulations 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

Session Objective Describe key Federal regulatory agencies and regulations and the relationship between them in successfully carrying out the financial duties of a SILC.

Regulatory Agencies “The Act” The Rehabilitation Act CFR Code of Federal Regulations EDGAR Education Department General Administrative Regulations OMB Office of Management & Budget FASB Financial Accounting Standard Board

Regulatory Agencies Pyramid EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

The Rehabilitation Act “The Act” Landmark Congressional legislation critical to the disability movement for: Social Policy Funding

The Rehabilitation Act, cont’d. History: 1972 – Passed / Pocket Veto 1973 – Passed / Vetoed 1973 – Passed / Signed 1977 – IL regulations authorized 1978 – The Act is reauthorized

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

The Rehabilitation Act, cont’d. 3 History: 1973 – Passed / Presidential Veto Reintroduced – passed President Nixon – veto Finances were still “the issue” - Independent Living Funds

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

The Rehabilitation Act, cont’d. 5 History: …Passed, Signed, but Irrelevant because “The Act” had no authorizing Regulations!

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

The Rehabilitation Act, cont’d. 7 History: 1977 – IL Regulations signed 1978 – Rehabilitation Act is reauthorized - this time with funding.

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

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

Regulatory Agencies Revisited EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

Code of Federal Regulations (CFR) Text of federal agency regulation organized (codified) in a single publication. 50 Titles - broad subjects of Federal Regulations – Education 34th.

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

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

Code of Federal Regulations (CFR), cont’d. 3 50 Titles - broad subjects of Federal Regulations Title 34 – Education Title 6 - Homeland Security Title 11 – Federal Elections Title 21 – Food & Drugs Title 35 – Reserved (formerly Panama Canal)

Code of Federal Regulations (CFR), cont’d. 4 Independent Living Regulations Title 34 CFR Sections 364; 365; & 366

Regulatory Agencies Revisited II EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

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”.

EDGAR, cont’d. Part 74 – Uniform Administrative Requirements Part 75 – Federal Grant Programs Part 77 – Federal Grant Definitions Part 82 – Lobbying & Advocacy for E.D. grantees

Regulatory Agencies Revisited III EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

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

Office of Management & Budget (OMB), cont’d. “The buck stops here” Harry S Truman 33rd President of the United States

OMB Circulars A – 110 Uniform Administrative Requirements A – 122 Cost Principles A – 133 Independent Audits

Regulatory Agencies Revisited IV EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

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.

FASB, cont’d. 116 – Contributions 117 – Financial Statements

Regulatory Agencies Revisited V EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act

Regulatory Agencies Plus EDGAR 34 CFR OMB Circulars 364 - 366 FASB & GAAP 74, 75, 77, 82 A-110, A-122 & A-133 The Act State Law

Questions and Answers

IL Regs, EDGAR, OMB Circulars, FASB, & More Document Parts/Title Web Address IL Regs 34 CFR 364-366 http://www.gpoaccess.gov EDGAR 34 CFR Parts 74, 75, 77, 82, http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html OMB Circulars: A-110 Uniform Administrative Requirements http://www.whitehouse.gov/omb/circulars/a110/2cfr215-0.pdf A-122 Cost Principles for Nonprofit Organizations, http://www.whitehouse.gov/omb/fedreg/2005/083105_a122.pdf A-133 Audits of States, Local Governments, and Non-Profit Organizations http://www.whitehouse.gov/omb/circulars/a133/a133.pdf Other: FASB 116 Contributions http://www.gasb.org/pdf/fas116.pdf FASB 117 Financial Statements http://www.1800net.com/nprc/fasb117.html Advocacy & Lobbying http://www.muridae.com/nporegulation/lobbying.html Cost Allocation www.o.gov/programs/cil/legislation.html IRS Form 990 http://www.irs.gov/pub/irs-pdf/f990.pdf IRS Form 269 http://www.irs.gov/pub/irs-utl/sf269-blank.pdf

Wrap Up and Evaluation Please complete the evaluation of this program by clicking here: https://vovici.com/wsb.dll/s/12291g49da0

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 H132B070003-10. No official endorsement of the Department of Education should be inferred. Permission is granted for duplication of any portion of this PowerPoint 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.