> MELISSA GLISSON: Good afternoon, everyone.

Welcome to today's talking by the rules, EDGAR and OMB

conference. Today's host will be Mr. Tim Fuchs. During

the presentation, all participant lines will be on mute.

Participants will be allowed to ask questions at several

points during the presentation. As a reminder, today's

call is being recorded.

Now without further delay, il will turn the call over to

Mr. Fuchs.

> TIM FUCHS: Thanks, Julie. Good afternoon

everybody. Tim Fuchs from the national council on

independent living. I want to welcome you back for our

final presentation. Today's presentation is going to focus

on EDGAR and OMB.

Our teleconference and webinar is presented by the

SILC-NET, a program of the IL training and technical

assistance project for CILs and SILCs. Pratted among a

partnership between IRLU, nickel and April, with sum

provided by IRSA at the U.S. department of education. Our

call is being recorded so we can archiver it and as always

we will break a few times during the presentation to answer

your questions.

Our webinar participants, I'm sure you remember, you can

ask questions in the chat box under the ee note cons and

for our teleconference participants, you can press zero one

on your phone to get in the question queue.

I'm going to give the URL for the PowerPoint and I'll

read this once this time since you all have heard it

throughout the series.

finance 2011 materials.HTML.

That is the URL sent in the confirmation e-mail where

you can get the PowerPoint presentation and the evaluation

form for today's call.

If you are participating by phone and you don't have the

PowerPoint, you're going to want to get that now.

Please do take a moment after today's call to fill out

the evaluation form. As I mentioned last time, there is a

separate evaluation for each piece of the series and we

want to know what you think.

With that, I'm going to get started for today. I want

to welcome back Melissa and Tim Glisson.

Melissa is going to take the lead today as we talk about

EDGAR and mach.

Melissa.

> MELISSA GLISSON: Great. Good afternoon. I do

welcome you all back. Tim Glisson is on the line as well.

> Hello everybody.

> MELISSA GLISSON: And he will be adding to this

presentation as well as we get to kind of the mid section,

I'll call it.

As Tim Fuchs said, this is our final session of this

webinar series. During the first session, we presented to

you an overview of the practices and principles that server

as the foundation. I call the operational tenants of a

SILC that might be categorized as having sound fiscal

management.

The second session that Tim Glisson took the lead on,

really focused on the regulatory bodies and how they fit

together, and thus how the regulations, how and why the

regulations apply to your financial management process.

Today we're going to be talking about what some of the

most often used regulations say and really talk a little

bit about how you can apply them or how to implement them.

I'm hoping this session today will help you to pull

after of the information from the first two sessions

together. Certainly that is our goal.

Again , if you are wearing both a CIL hat and SILC hat I

would ask that you kindly take off your CIL hat and really

think through the lens of your role as a SILC council

member or director or employee.

We really want to avoid any confusion given there are

clearly differences in terms of some of the funding

regulations.

With that, let's get started.

Tim, go ahead. Next slide, please.

Okay, here we have the session objective today. That is

to identify important fiscal regulations that affect the

SILCs, we're going to included include EDGAR 74-76 after

office of management and budget circulars A 110 and 22.

I want to note while all of the rules and regulations

governing how you safeguard sh spend and account for the

federal dollars you receive are important and you are

required to comb comply with them, today for the purposes

of this webinar we will only focus on the related EDGAR

parts which, again, is the education department general

administrative regulations and the OMB, office of

information and budget circulars, A 110 and 122.

We will review the parts that have the greatest impact

on the fiscal management of your federal dollars. Again,

for SILCs, these are the parts listed here on this slide,

EDGAR 74-76 and the OMB circulars A 110 and 122.

I want to emphasize and I will encourage you as well

toward the end here that to really familiarize yourself

with all of the regulations. We want to spend the bum fr

bulk of our time on these specific ones, the most widely

used ones.

Next slide.

Our intent is to help you answer these three questions

so that you are in fact practicing sound fiscal management

as required by the rehab act, section 725.

This session will server as a guide as to where you can

find the answers.

We start with three questions. Can we do that. I often

add add, the idea of can we do what? In some cases it may

be must we do that. That of course being something related

to the federal dollars you receive. Can we spend them on

this, record them this way, et cetera.

Next question, where do we look. Where in the

requirements or the regs regulations would I find this.

Lastly, why or why not. Which would, the response may

be this is an accounting issue, a SILC mission issue, may

be a legal issue.

Anything that would fit the meaning of the reason why or

why not.

Those are the three questions that we're going to

attempt to answer in terms of the regulations that you are

required to comply with.

Next slide.

A quick review the regulations and how they fit

together.

Tim Glisson did a great job last time going over these.

A quick review.

All starts with the rehab act as amended which is the

intention of the legislature, we want to get done.

The code of federal regulations, EDGAR, the e dept

education department general administrative regulations, is

OMB circular, which is the office of management and budget

circulars, then the financial act standards board, and gap,

the generally accepted accounting principle.

Any other accepted policy or guidelines of this is the

how of the intent. In other words, how do we account for,

safeguard the money that we are given to ensure that we are

fulfilling the intent of the act.

So these again are the three regulatory bodies and how

they fit together.

Next slide, please.

A quick glance again at the order of precedent. Given

that we are focusing on the how, not the what of the act in

this session, it's important to remember that EDGAR does

not supercede any requirements contained in the law.

In this case the law is the rehab act.

There's only one case, as Tim mentioned on Tuesday,

where a rule or regulation would supercede the act. That

is if there's a state law that is stricter or more limiting

than then that would take precedence.

This is truly the case in some states. So I would make

sure that as SILC fiscal person or exec on the council,

that you're aware of what the state regs are.

I'm sure in most cases that your DSU has made you aware

of them. But if there is a state law that is stricter or

more limiting then that supersedes the act.

If this is your first blurb with all of this, it may be

important to remember or helpful to remember that if a

regulation conflicts with the law, in this case the act,

the law wins.

Unless there's a state law that is stricter.

Statutes always supercede regulations.

Remember that the law is the intent and the regulations

are how we get it done. That is what we are talking about

today.

Next slide, please.

Next slide.

> TIM FUCHS: Might be your computer. It's up.

SILC funding.

> MELISSA GLISSON: Yes. Is that slide up?

> TIM FUCHS: It is on my computer.

> MELISSA GLISSON: Okay. I don't have that.

Okay. Yeah. Tim, shall I keep going?

> TIM FUCHS: I think so.

> MELISSA GLISSON: Okay.

> TIM FUCHS: If any of our participants can't see

it, you can message me. I imagine everyone else is seeing

it.

> MELISSA GLISSON: Okay.

Rehab act. Let's begin with our core funding here and

where our core funding may come from.

I want you to know these are not the only sources of

funding and we don't want to imply that you should be

limited to these resources.

We will spend a couple minutes defining each of these

funding streams. I will not get into the specifics and

details, just simply what they are.

So we have the title 7 part B, we have innovation and

expansion funding, we have social security reinvestment

funding, and we have other federal or state or private

funding.

Next slide.

Let's begin with rehab act title 7 part B, section 713.

I'm assuming for most of you this may be the majority of

your funding.

The state may use funds received under this part to

provide the resources described in section 705 relating to

the SILC.

I'm going to briefly read what the intention is here,

the five intended purposes for this funding.

First is jointly develop and sign the state plan, as

required in section 704.

Secondly, to monitor review and evaluate the

implementation of the plan.

Third, to coordinate activities with the state rehab

council established under section 105.

Fourth, to ensure that all regularly scheduled meetings

of the SILC are open to the public and sufficient advance

notice is provided.

And fifth ap lastly, to split to the commissioner such

periodic reports as the commissioner may reason reasonably

request and keep such records and afford access to them as

the commissioner finds necessary to verify such reports.

Let me just make a note here of saying that the rules

around record retention can be very confusing. This is

related to the fifth duty of the SILC, which involves

record keeping.

As EDGAR instructs us only to keep records for three

years, but the SEC instructs auditors to keep their

accounts valuable for seven years.

So I know that there was a question a week ago about how

long must we retain our records and our book keeping.

I suggested the stricter of the two be applied, which

might confuse anyone following EDGAR's instruction.

Let me clarify by saying if you are conducting annual

audits, you need to keep the record three years. But if

you are not, I'm advising you to keep them seven years, as

that is typically the general rule of thumb.

So if you have an outside auditor come in and do an

audit, you need to keep your supporting documentation, ie

records, for three years.

If you are not having that done, the general rule of

thumb is to keep them for seven years.

Next slide please.

Another source of SILC funding is what is commonly

referred to as INE or innovation and expansion funding

which is calculated in title one of the act.

This means the amount of money in this category of funds

varies by state.

Okay. Note here the state also must set aside a portion

of this money they receive for vocational rehabilitation to

fund these two activities. When innovation and expansion

funds are used to support the SILC, the purpose, how you're

going to use these monies, must be included in the resource

plan.

As we see here, innovation and expansion funds that come

out of section 101 A 18 and say innovation expansion funds

can be used for innovative ways to expand and improve VR

and secondly and most importantly for you all, is to

support the SRC and the SILC.

Next slide.

Lastly, in terms of federal dollars, which are designed

specifically for SILCs, we have SSRF, social security

reimbursement funds. These funds as section 108 states,

they can use social security reimbursement funds in support

of SILCs and IL services.

Again, I want to remind you here these funds are program

income funds for the DSU.

Social security reimbursement funds, as the name

implies, are those monies received by the DSU as

reimbursement for resources that they spend to assist

people on SSI or SSDI in getting employed.

Therefore, as program income, these funds may not be

used by the state for any purpose other than those spelled

out in titles 1, 6 or 7 of the act.

Section 108 clearly states they can be used in support

of SILCs.

A note of caution here, though, social security

reimbursement funds may not be a stable source of funding.

So to develop programs or services or activities

depending on these funds and maybe the long-term

availability of these funds, I would urge a note of caution

there.

Let's.

As always is the case, there needs to be proper source

documentation as to how these dollars were spent, the

activities, obviously, and accompanying budget, line by

line budget.

Now let's move to the regulations that apply to funding

from these sources.

Okay, the EDGAR, when we look at EDGAR under the general

administrative regulations, we have four parts.

These, for today, the most applicable parts for SILCs

are parts 74 and 75 in terms of financial management.

Later in this session today, Tim Glisson will discuss

part 82, the regulations regarding lobbying and advocacy.

Again, I want to really make a point that this is not to

suggest that you shouldn't be aware of any other

regulations that maybe apply. What we will be doing today,

I kind of call it the cliff notes review. Some explanation

and some highlights. Just enough to familiarize you.

Hopefully not too much to cause confusion.

Let's begin and look at EDGAR 74. Next slide please.

EDGAR 74 covers the majority of the general fiscal

administrative requirements that are related to grant

management.

Note here there are other documents outside of EDGAR

that contain fiscal and administrative requirements. For

example, the rehab act section 34 of the code of federal

regulation and the OMB circulars.

As we mentioned earlier too, the order of precedence is

if there's an item in the regulation that conflicts with

the language of the law, you comply with the law.

Let's just take a look here what the is contained in

EDGAR 74 under the uniform administrative requirements.

There's standards for financial management, program

income accounting, written procedures, OMB 122 compliance.

There you see how the two fit together, EDGAR and OMB,

record retention, and what some of the necessary required

filings.

You can assume that these requirements are in accordance

with GAAP, the generally accepted accounting principles,

which Tim talked in the previous session.

Now, let's take a more detailed look at some of the more

relevant mandates under the first three categories.

We're going to focus on standards for financial

management, program income, and written procedures.

Next slide, please.

Recognizing that many of you have only title 7 part B

title 1 funding, neither of which entitle you to provide

programs, I want to mention the regulations aprond program

income as it does apply to those SILCs that in fact do

receive federal funding outside of title 7 which may allow

them to earn income from programs or services.

Also this will be important to know in the event that

one day you expand to include federal funding from another

federal program and you need to understand the concept of

program income.

With that said, if you do generate program income, which

again, that is any gross income earned directly generated

by a supported activity or earned as a result of the award,

that money can only be used for these purposes.

Firstly, to further the project or the program that

generated the funds.

So it's money that you can, as we say, dump back into

the activity or the project that the contract is funding.

Or it can finance a nonfederal share of the program. Or

thirdly, it can be deducted from the total program

allowable costs in determining the net allowable costs on

which the federal share of costs is based.

So very specific uses of program income.

The other piece regarding program income is in terms of

the timing that it must be used, must be used during, you

need to use it for these three purposes during the time