Rep. Jay Hoffman

Filed: 4/20/2021

 

 


 

 


 
10200HB0412ham001LRB102 02710 RJF 25703 a

1
AMENDMENT TO HOUSE BILL 412

2    AMENDMENT NO. ______. Amend House Bill 412 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Grant Accountability and Transparency Act
5is amended by changing Section 45 as follows:
 
6    (30 ILCS 708/45)
7    Sec. 45. Applicability.
8    (a) Except as otherwise provided in this Section, the The
9requirements established under this Act apply to State
10grant-making agencies that make State and federal pass-through
11awards to non-federal entities. These requirements apply to
12all costs related to State and federal pass-through awards.
13The requirements established under this Act do not apply to
14private awards, to allocations of State revenues paid over by
15the Comptroller to units of local government and other taxing
16districts pursuant to the State Revenue Sharing Act from the

 

 

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1Local Government Distributive Fund or the Personal Property
2Tax Replacement Fund, or to allotments of State motor fuel tax
3revenues distributed by the Department of Transportation to
4units of local government pursuant to the Motor Fuel Tax Law
5from the Motor Fuel Tax Fund or the Transportation Renewal
6Fund.
7    (a-5) Nothing in this Act shall prohibit the use of State
8funds for purposes of federal match or maintenance of effort.
9    (b) The terms and conditions of State, federal, and
10pass-through awards apply to subawards and subrecipients
11unless a particular Section of this Act or the terms and
12conditions of the State or federal award specifically indicate
13otherwise. Non-federal entities shall comply with requirements
14of this Act regardless of whether the non-federal entity is a
15recipient or subrecipient of a State or federal pass-through
16award. Pass-through entities shall comply with the
17requirements set forth under the rules adopted under
18subsection (a) of Section 20 of this Act, but not to any
19requirements in this Act directed towards State or federal
20awarding agencies, unless the requirements of the State or
21federal awards indicate otherwise.
22    When a non-federal entity is awarded a cost-reimbursement
23contract, only 2 CFR 200.330 through 200.332 are incorporated
24by reference into the contract. However, when the Cost
25Accounting Standards are applicable to the contract, they take
26precedence over the requirements of this Act unless they are

 

 

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1in conflict with Subpart F of 2 CFR 200. In addition, costs
2that are made unallowable under 10 U.S.C. 2324(e) and 41
3U.S.C. 4304(a), as described in the Federal Acquisition
4Regulations, subpart 31.2 and subpart 31.603, are always
5unallowable. For requirements other than those covered in
6Subpart D of 2 CFR 200.330 through 200.332, the terms of the
7contract and the Federal Acquisition Regulations apply.
8    With the exception of Subpart F of 2 CFR 200, which is
9required by the Single Audit Act, in any circumstances where
10the provisions of federal statutes or regulations differ from
11the provisions of this Act, the provision of the federal
12statutes or regulations govern. This includes, for agreements
13with Indian tribes, the provisions of the Indian
14Self-Determination and Education and Assistance Act, as
15amended, 25 U.S.C. 450-458ddd-2.
16    (c) State grant-making agencies may apply subparts A
17through E of 2 CFR 200 to for-profit entities, foreign public
18entities, or foreign organizations, except where the awarding
19agency determines that the application of these subparts would
20be inconsistent with the international obligations of the
21United States or the statute or regulations of a foreign
22government.
23    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
24different types of awards. The same applicability applies to
25this Act.
26    (e) (Blank).

 

 

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1    (f) For public institutions of higher education, the
2provisions of this Act apply only to awards funded by State
3appropriations and federal pass-through awards from a State
4agency to public institutions of higher education.
5    (g) Each grant-making agency shall enhance its processes
6to monitor and address noncompliance with reporting
7requirements and with program performance standards. Where
8applicable, the process may include a corrective action plan.
9The monitoring process shall include a plan for tracking and
10documenting performance-based contracting decisions.
11(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;
12101-81, eff. 7-12-19.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".