Full Text of HB0412 102nd General Assembly
HB0412ham001 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 412
| 2 | | AMENDMENT NO. ______. Amend House Bill 412 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Grant Accountability and Transparency Act | 5 | | is 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 | 9 | | requirements established under this Act apply to State | 10 | | grant-making agencies that make State and federal pass-through | 11 | | awards to non-federal entities. These requirements apply to | 12 | | all costs related to State and federal pass-through awards.
| 13 | | The requirements established under this Act do not apply to | 14 | | private awards , to allocations of State revenues paid over by | 15 | | the Comptroller to units of local government and other taxing | 16 | | districts pursuant to the State Revenue Sharing Act from the |
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| 1 | | Local Government Distributive Fund or the Personal Property | 2 | | Tax Replacement Fund, or to allotments of State motor fuel tax | 3 | | revenues distributed by the Department of Transportation to | 4 | | units of local government pursuant to the Motor Fuel Tax Law | 5 | | from the Motor Fuel Tax Fund or the Transportation Renewal | 6 | | Fund . | 7 | | (a-5) Nothing in this Act shall prohibit the use of State | 8 | | funds for purposes of federal match or maintenance of effort. | 9 | | (b) The terms and conditions of State, federal, and | 10 | | pass-through awards apply to subawards and subrecipients | 11 | | unless a particular Section of this Act or the terms and | 12 | | conditions of the State or federal award specifically indicate | 13 | | otherwise. Non-federal entities shall comply with requirements | 14 | | of this Act regardless of whether the non-federal entity is a | 15 | | recipient or subrecipient of a State or federal pass-through | 16 | | award. Pass-through entities shall comply with the | 17 | | requirements set forth under the rules adopted under | 18 | | subsection (a) of Section 20 of this Act, but not to any | 19 | | requirements in this Act directed towards State or federal | 20 | | awarding agencies, unless the requirements of the State or | 21 | | federal awards indicate otherwise.
| 22 | | When a non-federal entity is awarded a cost-reimbursement | 23 | | contract, only 2 CFR 200.330 through 200.332 are incorporated | 24 | | by reference into the contract. However, when the Cost | 25 | | Accounting Standards are applicable to the contract, they take | 26 | | precedence over the requirements of this Act unless they are |
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| 1 | | in conflict with Subpart F of 2 CFR 200. In addition, costs | 2 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 | 3 | | U.S.C. 4304(a), as described in the Federal Acquisition | 4 | | Regulations, subpart 31.2 and subpart 31.603, are always | 5 | | unallowable. For requirements other than those covered in | 6 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | 7 | | contract and the Federal Acquisition Regulations apply.
| 8 | | With the exception of Subpart F of 2 CFR 200, which is | 9 | | required by the Single Audit Act, in any circumstances where | 10 | | the provisions of federal statutes or regulations differ from | 11 | | the provisions of this Act, the provision of the federal | 12 | | statutes or regulations govern. This includes, for agreements | 13 | | with Indian tribes, the provisions of the Indian | 14 | | Self-Determination and Education and Assistance Act, as | 15 | | amended, 25 U.S.C. 450-458ddd-2.
| 16 | | (c) State grant-making agencies may apply subparts A | 17 | | through E of 2 CFR 200 to for-profit entities, foreign public | 18 | | entities, or foreign organizations, except where the awarding | 19 | | agency determines that the application of these subparts would | 20 | | be inconsistent with the international obligations of the | 21 | | United States or the statute or regulations of a foreign | 22 | | government.
| 23 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | 24 | | different types of awards. The same applicability applies to | 25 | | this Act.
| 26 | | (e) (Blank). |
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| 1 | | (f) For public institutions of higher education, the | 2 | | provisions of this Act apply only to awards funded by State | 3 | | appropriations and federal pass-through awards from a State | 4 | | agency to public institutions of higher education. | 5 | | (g) Each grant-making agency shall enhance its processes | 6 | | to monitor and address noncompliance with reporting | 7 | | requirements and with program performance standards. Where | 8 | | applicable, the process may include a corrective action plan. | 9 | | The monitoring process shall include a plan for tracking and | 10 | | documenting performance-based contracting decisions.
| 11 | | (Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18; | 12 | | 101-81, eff. 7-12-19 .)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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