Illinois General Assembly - Full Text of HB3633
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Full Text of HB3633  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Dagmara Avelar


30 ILCS 708/45

    Amends the Grant Accountability and Transparency Act. Provides that the requirements of the Act do not apply to capital appropriated funds provided to units of local government by the Department of Commerce and Economic Opportunity for infrastructure projects. Effective immediately.

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HB3633LRB103 26802 HLH 53166 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
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
17Local Government Distributive Fund or the Personal Property
18Tax Replacement Fund, to allotments of State motor fuel tax
19revenues distributed by the Department of Transportation to
20units of local government pursuant to the Motor Fuel Tax Law
21from the Motor Fuel Tax Fund or the Transportation Renewal
22Fund, or to awards, including capital appropriated funds, made
23by the Department of Transportation to units of local



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1government for the purposes of transportation projects
2utilizing State funds, federal funds, or both State and
3federal funds. This Act shall recognize that federal and
4federal pass-through awards from the Department of
5Transportation to units of local government are governed by
6and must comply with federal guidelines under 2 CFR Part 200.
7The requirements of this Act do not apply to capital
8appropriated funds provided to units of local government by
9the Department of Commerce and Economic Opportunity for
10infrastructure projects.
11    The changes made by this amendatory Act of the 102nd
12General Assembly apply to pending actions as well as actions
13commenced on or after the effective date of this amendatory
14Act of the 102nd General Assembly.
15    (a-5) Nothing in this Act shall prohibit the use of State
16funds for purposes of federal match or maintenance of effort.
17    (b) The terms and conditions of State, federal, and
18pass-through awards apply to subawards and subrecipients
19unless a particular Section of this Act or the terms and
20conditions of the State or federal award specifically indicate
21otherwise. Non-federal entities shall comply with requirements
22of this Act regardless of whether the non-federal entity is a
23recipient or subrecipient of a State or federal pass-through
24award. Pass-through entities shall comply with the
25requirements set forth under the rules adopted under
26subsection (a) of Section 20 of this Act, but not to any



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1requirements in this Act directed towards State or federal
2awarding agencies, unless the requirements of the State or
3federal awards indicate otherwise.
4    When a non-federal entity is awarded a cost-reimbursement
5contract, only 2 CFR 200.330 through 200.332 are incorporated
6by reference into the contract. However, when the Cost
7Accounting Standards are applicable to the contract, they take
8precedence over the requirements of this Act unless they are
9in conflict with Subpart F of 2 CFR 200. In addition, costs
10that are made unallowable under 10 U.S.C. 2324(e) and 41
11U.S.C. 4304(a), as described in the Federal Acquisition
12Regulations, subpart 31.2 and subpart 31.603, are always
13unallowable. For requirements other than those covered in
14Subpart D of 2 CFR 200.330 through 200.332, the terms of the
15contract and the Federal Acquisition Regulations apply.
16    With the exception of Subpart F of 2 CFR 200, which is
17required by the Single Audit Act, in any circumstances where
18the provisions of federal statutes or regulations differ from
19the provisions of this Act, the provision of the federal
20statutes or regulations govern. This includes, for agreements
21with Indian tribes, the provisions of the Indian
22Self-Determination and Education and Assistance Act, as
23amended, 25 U.S.C. 450-458ddd-2.
24    (c) State grant-making agencies may apply subparts A
25through E of 2 CFR 200 to for-profit entities, foreign public
26entities, or foreign organizations, except where the awarding



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1agency determines that the application of these subparts would
2be inconsistent with the international obligations of the
3United States or the statute or regulations of a foreign
5    (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
6different types of awards. The same applicability applies to
7this Act.
8    (e) (Blank).
9    (f) For public institutions of higher education, the
10provisions of this Act apply only to awards funded by federal
11pass-through awards from a State agency to public institutions
12of higher education. This Act shall recognize provisions in 2
13CFR 200 as applicable to public institutions of higher
14education, including Appendix III of Part 200 and the cost
15principles under Subpart E.
16    (g) Each grant-making agency shall enhance its processes
17to monitor and address noncompliance with reporting
18requirements and with program performance standards. Where
19applicable, the process may include a corrective action plan.
20The monitoring process shall include a plan for tracking and
21documenting performance-based contracting decisions.
22    (h) Notwithstanding any provision of law to the contrary,
23grants awarded from federal funds received from the federal
24Coronavirus State Fiscal Recovery Fund in accordance with
25Section 9901 of the American Rescue Plan Act of 2021 are
26subject to the provisions of this Act, but only to the extent



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1required by Section 9901 of the American Rescue Plan Act of
22021 and other applicable federal law or regulation.
3(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
4102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.