Bill Amendment: IL SB0807 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2026-05-31 - Passed Both Houses [SB0807 Detail]
Download: Illinois-2025-SB0807-Senate_Amendment_002.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2026-05-31 - Passed Both Houses [SB0807 Detail]
Download: Illinois-2025-SB0807-Senate_Amendment_002.html
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| 1 | AMENDMENT TO SENATE BILL 807 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 807 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Governor's Office of Management and Budget | ||||||
| 5 | Act is amended by changing Section 2.9 as follows: | ||||||
| 6 | (20 ILCS 3005/2.9) | ||||||
| 7 | Sec. 2.9. Pursuant to the Grant Accountability and | ||||||
| 8 | Transparency Act, to maintain a list of those individuals and | ||||||
| 9 | entities that are ineligible, either temporarily or | ||||||
| 10 | permanently, to receive an award of grant funds from the | ||||||
| 11 | State. | ||||||
| 12 | (Source: P.A. 98-706, eff. 7-16-14.) | ||||||
| 13 | Section 10. The Grant Accountability and Transparency Act | ||||||
| 14 | is amended by changing Sections 15, 60, and 105 as follows: | ||||||
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| 1 | (30 ILCS 708/15) | ||||||
| 2 | Sec. 15. Definitions. As used in this Act: | ||||||
| 3 | "Allowable cost" means a cost allowable to a project if: | ||||||
| 4 | (1) the costs are reasonable and necessary for the | ||||||
| 5 | performance of the award; | ||||||
| 6 | (2) the costs are allocable to the specific project; | ||||||
| 7 | (3) the costs are treated consistently in like | ||||||
| 8 | circumstances to both federally-financed and other | ||||||
| 9 | activities of the non-federal entity; | ||||||
| 10 | (4) the costs conform to any limitations of the cost | ||||||
| 11 | principles or the sponsored agreement; | ||||||
| 12 | (5) the costs are accorded consistent treatment; a | ||||||
| 13 | cost may not be assigned to a State or federal award as a | ||||||
| 14 | direct cost if any other cost incurred for the same | ||||||
| 15 | purpose in like circumstances has been allocated to the | ||||||
| 16 | award as an indirect cost; | ||||||
| 17 | (6) the costs are determined to be in accordance with | ||||||
| 18 | generally accepted accounting principles; | ||||||
| 19 | (7) the costs are not included as a cost or used to | ||||||
| 20 | meet federal cost-sharing or matching requirements of any | ||||||
| 21 | other program in either the current or prior period; | ||||||
| 22 | (8) the costs of one State or federal grant are not | ||||||
| 23 | used to meet the match requirements of another State or | ||||||
| 24 | federal grant; and | ||||||
| 25 | (9) the costs are adequately documented. | ||||||
| 26 | "Assistance listings" means the publicly available listing | ||||||
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| 1 | of federal assistance programs managed and administered by the | ||||||
| 2 | General Services Administration, formerly known as the Catalog | ||||||
| 3 | of Federal Domestic Assistance (CFDA). | ||||||
| 4 | "Assistance listing number" or "ALN" means a unique number | ||||||
| 5 | assigned to identify a federal assistance listing, formerly | ||||||
| 6 | known as the CFDA Number. | ||||||
| 7 | "Auditee" means any non-federal entity that expends State | ||||||
| 8 | or federal awards that must be audited. | ||||||
| 9 | "Auditor" means an auditor who is a public accountant or a | ||||||
| 10 | federal, State, or local government audit organization that | ||||||
| 11 | meets the general standards specified in generally-accepted | ||||||
| 12 | government auditing standards. "Auditor" does not include | ||||||
| 13 | internal auditors of nonprofit organizations. | ||||||
| 14 | "Auditor General" means the Auditor General of the State | ||||||
| 15 | of Illinois. | ||||||
| 16 | "Award" means financial assistance that provides support | ||||||
| 17 | or stimulation to accomplish a public purpose. "Awards" | ||||||
| 18 | include grants and other agreements in the form of money, or | ||||||
| 19 | property in lieu of money, by the State or federal government | ||||||
| 20 | to an eligible recipient. "Award" does not include: technical | ||||||
| 21 | assistance that provides services instead of money; other | ||||||
| 22 | assistance in the form of loans, loan guarantees, interest | ||||||
| 23 | subsidies, or insurance; direct payments of any kind to | ||||||
| 24 | individuals; or contracts that must be entered into and | ||||||
| 25 | administered under State or federal procurement laws and | ||||||
| 26 | regulations. | ||||||
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| 1 | "Budget" means the financial plan for the project or | ||||||
| 2 | program that the awarding agency or pass-through entity | ||||||
| 3 | approves during the award process or in subsequent amendments | ||||||
| 4 | to the award. It may include the State or federal and | ||||||
| 5 | non-federal share or only the State or federal share, as | ||||||
| 6 | determined by the awarding agency or pass-through entity. | ||||||
| 7 | "Catalog of State Financial Assistance" means the single, | ||||||
| 8 | authoritative, statewide, comprehensive source document of | ||||||
| 9 | State financial assistance program information maintained by | ||||||
| 10 | the Governor's Office of Management and Budget. | ||||||
| 11 | "Catalog of State Financial Assistance Number" means the | ||||||
| 12 | number assigned to a State program in the Catalog of State | ||||||
| 13 | Financial Assistance. The first 3 digits represent the State | ||||||
| 14 | agency number and the last 4 digits represent the program. | ||||||
| 15 | "Cluster of programs" means a grouping of closely related | ||||||
| 16 | programs that share common compliance requirements. The types | ||||||
| 17 | of clusters of programs are research and development, student | ||||||
| 18 | financial aid, and other clusters. A "cluster of programs" | ||||||
| 19 | shall be considered as one program for determining major | ||||||
| 20 | programs and, with the exception of research and development, | ||||||
| 21 | whether a program-specific audit may be elected. | ||||||
| 22 | "Cognizant agency for audit" means the federal agency | ||||||
| 23 | designated to carry out the responsibilities described in 2 | ||||||
| 24 | CFR Part 200, Subpart F - Audit Requirements. | ||||||
| 25 | "Contract" means a legal instrument by which a non-federal | ||||||
| 26 | entity purchases property or services needed to carry out the | ||||||
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| 1 | project or program under an award. "Contract" does not include | ||||||
| 2 | a legal instrument, even if the non-federal entity considers | ||||||
| 3 | it a contract, when the substance of the transaction meets the | ||||||
| 4 | definition of an award or subaward. | ||||||
| 5 | "Contractor" means an entity that receives a contract. | ||||||
| 6 | "Cooperative agreement" means a legal instrument of | ||||||
| 7 | financial assistance between an awarding agency or | ||||||
| 8 | pass-through entity and a non-federal entity that: | ||||||
| 9 | (1) is used to enter into a relationship with the | ||||||
| 10 | principal purpose of transferring anything of value from | ||||||
| 11 | the awarding agency or pass-through entity to the | ||||||
| 12 | non-federal entity to carry out a public purpose | ||||||
| 13 | authorized by law, but is not used to acquire property or | ||||||
| 14 | services for the awarding agency's or pass-through | ||||||
| 15 | entity's direct benefit or use; and | ||||||
| 16 | (2) is distinguished from a grant in that it provides | ||||||
| 17 | for substantial involvement between the awarding agency or | ||||||
| 18 | pass-through entity and the non-federal entity in carrying | ||||||
| 19 | out the activity contemplated by the award. | ||||||
| 20 | "Cooperative agreement" does not include a cooperative | ||||||
| 21 | research and development agreement, nor an agreement that | ||||||
| 22 | provides only direct cash assistance to an individual, a | ||||||
| 23 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
| 24 | "Corrective action" means action taken by the auditee that | ||||||
| 25 | (i) corrects identified deficiencies, (ii) produces | ||||||
| 26 | recommended improvements, or (iii) demonstrates that audit | ||||||
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| 1 | findings are either invalid or do not warrant auditee action. | ||||||
| 2 | "Cost objective" means a program, function, activity, | ||||||
| 3 | award, organizational subdivision, contract, or work unit for | ||||||
| 4 | which cost data is desired and for which provision is made to | ||||||
| 5 | accumulate and measure the cost of processes, products, jobs, | ||||||
| 6 | and capital projects. A "cost objective" may be a major | ||||||
| 7 | function of the non-federal entity, a particular service or | ||||||
| 8 | project, an award, or an indirect cost activity. | ||||||
| 9 | "Cost sharing" means the portion of project costs not paid | ||||||
| 10 | by State or federal funds, unless otherwise authorized by | ||||||
| 11 | statute. | ||||||
| 12 | "Development" is the systematic use of knowledge and | ||||||
| 13 | understanding gained from research directed toward the | ||||||
| 14 | production of useful materials, devices, systems, or methods, | ||||||
| 15 | including design and development of prototypes and processes. | ||||||
| 16 | "Direct costs" means: | ||||||
| 17 | (1) costs that can be identified specifically with a | ||||||
| 18 | particular final cost objective, such as a State or | ||||||
| 19 | federal or federal pass-through award or a particular | ||||||
| 20 | sponsored project, an instructional activity, or any other | ||||||
| 21 | institutional activity, or that can be directly assigned | ||||||
| 22 | to such activities relatively easily with a high degree of | ||||||
| 23 | accuracy; | ||||||
| 24 | (2) costs charged directly to a State or federal award | ||||||
| 25 | that are for the compensation of employees who work on | ||||||
| 26 | that award, their related fringe benefits, or the costs of | ||||||
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| |||||||
| 1 | materials and other items of expense incurred for the | ||||||
| 2 | State or federal award; | ||||||
| 3 | (3) costs that are directly related to a specific | ||||||
| 4 | award but that would otherwise be treated as indirect | ||||||
| 5 | costs; | ||||||
| 6 | (4) salaries of administrative and clerical staff only | ||||||
| 7 | if all the following conditions are met: | ||||||
| 8 | (A) the individual's services are integral to a | ||||||
| 9 | project or activity; | ||||||
| 10 | (B) the individual can be specifically identified | ||||||
| 11 | with the project or activity; | ||||||
| 12 | (C) the costs are explicitly included in the | ||||||
| 13 | budget or have the prior written approval of the State | ||||||
| 14 | awarding agency; and | ||||||
| 15 | (D) the costs are not also recovered as indirect | ||||||
| 16 | costs. | ||||||
| 17 | Costs incurred for the same purpose in like circumstances | ||||||
| 18 | must be treated consistently as either direct costs or | ||||||
| 19 | indirect costs. | ||||||
| 20 | "Equipment" means tangible personal property (including | ||||||
| 21 | information technology systems) having a useful life of more | ||||||
| 22 | than one year and a per-unit acquisition cost that equals or | ||||||
| 23 | exceeds the lesser of the capitalization level established by | ||||||
| 24 | the non-federal entity for financial statement purposes, or | ||||||
| 25 | $5,000. | ||||||
| 26 | "Executive branch" means that branch of State government | ||||||
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| 1 | that is under the jurisdiction of the Governor. | ||||||
| 2 | "Federal agency" has the meaning provided for "agency" | ||||||
| 3 | under 5 U.S.C. 551(1) together with the meaning provided for | ||||||
| 4 | "agency" by 5 U.S.C. 552(f). | ||||||
| 5 | "Federal award" means: | ||||||
| 6 | (1) the federal financial assistance that a | ||||||
| 7 | non-federal entity receives directly from a federal | ||||||
| 8 | awarding agency or indirectly from a pass-through entity; | ||||||
| 9 | (2) the cost-reimbursement contract under the Federal | ||||||
| 10 | Acquisition Regulations that a non-federal entity receives | ||||||
| 11 | directly from a federal awarding agency or indirectly from | ||||||
| 12 | a pass-through entity; or | ||||||
| 13 | (3) the instrument setting forth the terms and | ||||||
| 14 | conditions when the instrument is the grant agreement, | ||||||
| 15 | cooperative agreement, other agreement for assistance | ||||||
| 16 | covered in 2 CFR Part 200, Subpart A, Acronyms and | ||||||
| 17 | Definitions, or the cost-reimbursement contract awarded | ||||||
| 18 | under the Federal Acquisition Regulations. | ||||||
| 19 | "Federal award" does not include other contracts that a | ||||||
| 20 | federal agency uses to buy goods or services from a contractor | ||||||
| 21 | or a contract to operate federal government owned, | ||||||
| 22 | contractor-operated facilities. | ||||||
| 23 | "Federal awarding agency" means the federal agency that | ||||||
| 24 | provides a federal award directly to a non-federal entity. | ||||||
| 25 | "Federal interest" means, for purposes of 2 CFR 200, | ||||||
| 26 | Subpart D, Post Federal Award Requirements (Performance and | ||||||
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| 1 | Financial Monitoring and Reporting) or when used in connection | ||||||
| 2 | with the acquisition or improvement of real property, | ||||||
| 3 | equipment, or supplies under a federal award, the dollar | ||||||
| 4 | amount that is the product of the federal share of total | ||||||
| 5 | project costs and current fair market value of the property, | ||||||
| 6 | improvements, or both, to the extent the costs of acquiring or | ||||||
| 7 | improving the property were included as project costs. | ||||||
| 8 | "Federal program" means any of the following: | ||||||
| 9 | (1) All federal awards which are assigned a single | ||||||
| 10 | number in the assistance listings. | ||||||
| 11 | (2) When no assistance listing number is assigned, all | ||||||
| 12 | federal awards to non-federal entities from the same | ||||||
| 13 | agency made for the same purpose should be combined and | ||||||
| 14 | considered one program. | ||||||
| 15 | (3) Notwithstanding paragraphs (1) and (2) of this | ||||||
| 16 | definition, a cluster of programs. The types of clusters | ||||||
| 17 | of programs are: | ||||||
| 18 | (A) research and development; | ||||||
| 19 | (B) student financial aid; and | ||||||
| 20 | (C) "other clusters", as described in the | ||||||
| 21 | definition of "cluster of programs". | ||||||
| 22 | "Federal share" means the portion of the total project | ||||||
| 23 | costs that are paid by federal funds. | ||||||
| 24 | "Final cost objective" means a cost objective which has | ||||||
| 25 | allocated to it both direct and indirect costs and, in the | ||||||
| 26 | non-federal entity's accumulation system, is one of the final | ||||||
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| 1 | accumulation points, such as a particular award, internal | ||||||
| 2 | project, or other direct activity of a non-federal entity. | ||||||
| 3 | "Financial assistance" means the following: | ||||||
| 4 | (1) For grants and cooperative agreements, "financial | ||||||
| 5 | assistance" means assistance that non-federal entities | ||||||
| 6 | receive or administer in the form of: | ||||||
| 7 | (A) grants; | ||||||
| 8 | (B) cooperative agreements; | ||||||
| 9 | (C) non-cash contributions or donations of | ||||||
| 10 | property, including donated surplus property; | ||||||
| 11 | (D) direct appropriations; | ||||||
| 12 | (E) food commodities; and | ||||||
| 13 | (F) other financial assistance, except assistance | ||||||
| 14 | listed in paragraph (2) of this definition. | ||||||
| 15 | (2) "Financial assistance" includes assistance that | ||||||
| 16 | non-federal entities receive or administer in the form of | ||||||
| 17 | loans, loan guarantees, interest subsidies, and insurance. | ||||||
| 18 | (3) "Financial assistance" does not include amounts | ||||||
| 19 | received as reimbursement for services rendered to | ||||||
| 20 | individuals. | ||||||
| 21 | "Fixed amount awards" means a type of grant agreement | ||||||
| 22 | under which the awarding agency or pass-through entity | ||||||
| 23 | provides a specific level of support without regard to actual | ||||||
| 24 | costs incurred under the award. "Fixed amount awards" reduce | ||||||
| 25 | some of the administrative burden and record-keeping | ||||||
| 26 | requirements for both the non-federal entity and awarding | ||||||
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| 1 | agency or pass-through entity. Accountability is based | ||||||
| 2 | primarily on performance and results. | ||||||
| 3 | "Foreign public entity" means: | ||||||
| 4 | (1) a foreign government or foreign governmental | ||||||
| 5 | entity; | ||||||
| 6 | (2) a public international organization that is | ||||||
| 7 | entitled to enjoy privileges, exemptions, and immunities | ||||||
| 8 | as an international organization under the International | ||||||
| 9 | Organizations Immunities Act (22 U.S.C. 288-288f); | ||||||
| 10 | (3) an entity owned, in whole or in part, or | ||||||
| 11 | controlled by a foreign government; or | ||||||
| 12 | (4) any other entity consisting wholly or partially of | ||||||
| 13 | one or more foreign governments or foreign governmental | ||||||
| 14 | entities. | ||||||
| 15 | "Foreign organization" means an entity that is: | ||||||
| 16 | (1) a public or private organization located in a | ||||||
| 17 | country other than the United States and its territories | ||||||
| 18 | that are subject to the laws of the country in which it is | ||||||
| 19 | located, irrespective of the citizenship of project staff | ||||||
| 20 | or place of performance; | ||||||
| 21 | (2) a private nongovernmental organization located in | ||||||
| 22 | a country other than the United States that solicits and | ||||||
| 23 | receives cash contributions from the general public; | ||||||
| 24 | (3) a charitable organization located in a country | ||||||
| 25 | other than the United States that is nonprofit and tax | ||||||
| 26 | exempt under the laws of its country of domicile and | ||||||
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| 1 | operation, but is not a university, college, accredited | ||||||
| 2 | degree-granting institution of education, private | ||||||
| 3 | foundation, hospital, organization engaged exclusively in | ||||||
| 4 | research or scientific activities, church, synagogue, | ||||||
| 5 | mosque, or other similar entity organized primarily for | ||||||
| 6 | religious purposes; or | ||||||
| 7 | (4) an organization located in a country other than | ||||||
| 8 | the United States not recognized as a Foreign Public | ||||||
| 9 | Entity. | ||||||
| 10 | "Fringe benefits" has the same meaning as provided in 2 | ||||||
| 11 | CFR Part 200, Subpart E - Cost Principles. | ||||||
| 12 | "Generally Accepted Accounting Principles" has the meaning | ||||||
| 13 | provided in accounting standards issued by the Government | ||||||
| 14 | Accounting Standards Board and the Financial Accounting | ||||||
| 15 | Standards Board. | ||||||
| 16 | "Generally Accepted Government Auditing Standards" means | ||||||
| 17 | generally accepted government auditing standards issued by the | ||||||
| 18 | Comptroller General of the United States that are applicable | ||||||
| 19 | to financial audits. | ||||||
| 20 | "Grant agreement" means a legal instrument of financial | ||||||
| 21 | assistance between an awarding agency or pass-through entity | ||||||
| 22 | and a non-federal entity that: | ||||||
| 23 | (1) is used to enter into a relationship, the | ||||||
| 24 | principal purpose of which is to transfer anything of | ||||||
| 25 | value from the awarding agency or pass-through entity to | ||||||
| 26 | the non-federal entity to carry out a public purpose | ||||||
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| 1 | authorized by law and not to acquire property or services | ||||||
| 2 | for the awarding agency or pass-through entity's direct | ||||||
| 3 | benefit or use; and | ||||||
| 4 | (2) is distinguished from a cooperative agreement in | ||||||
| 5 | that it does not provide for substantial involvement | ||||||
| 6 | between the awarding agency or pass-through entity and the | ||||||
| 7 | non-federal entity in carrying out the activity | ||||||
| 8 | contemplated by the award. | ||||||
| 9 | "Grant agreement" does not include an agreement that | ||||||
| 10 | provides only direct cash assistance to an individual, a | ||||||
| 11 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
| 12 | "Grant application" means a specified form that is | ||||||
| 13 | completed by a non-federal entity in connection with a request | ||||||
| 14 | for a specific funding opportunity or a request for financial | ||||||
| 15 | support of a project or activity. | ||||||
| 16 | "Hospital" means a facility licensed as a hospital under | ||||||
| 17 | the law of any state or a facility operated as a hospital by | ||||||
| 18 | the United States, a state, or a subdivision of a state. | ||||||
| 19 | "Illinois Stop Payment List" or "Illinois Debarred and | ||||||
| 20 | Suspended List" means the list maintained by the Governor's | ||||||
| 21 | Office of Management and Budget that contains the names of | ||||||
| 22 | those individuals and entities that are ineligible, either | ||||||
| 23 | temporarily or permanently, from receiving an award of grant | ||||||
| 24 | funds from the State. | ||||||
| 25 | "Indirect cost" means those costs incurred for a common or | ||||||
| 26 | joint purpose benefiting more than one cost objective and not | ||||||
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| 1 | readily assignable to the cost objectives specifically | ||||||
| 2 | benefited without effort disproportionate to the results | ||||||
| 3 | achieved. | ||||||
| 4 | "Inspector General" means the Office of the Executive | ||||||
| 5 | Inspector General for Executive branch agencies. | ||||||
| 6 | "Loan" means a State or federal loan or loan guarantee | ||||||
| 7 | received or administered by a non-federal entity. "Loan" does | ||||||
| 8 | not include a "program income" as defined in 2 CFR 200, Subpart | ||||||
| 9 | A, Acronyms and Definitions. | ||||||
| 10 | "Loan guarantee" means any State or federal government | ||||||
| 11 | guarantee, insurance, or other pledge with respect to the | ||||||
| 12 | payment of all or a part of the principal or interest on any | ||||||
| 13 | debt obligation of a non-federal borrower to a non-federal | ||||||
| 14 | lender, but does not include the insurance of deposits, | ||||||
| 15 | shares, or other withdrawable accounts in financial | ||||||
| 16 | institutions. | ||||||
| 17 | "Local government" has the meaning provided for the term | ||||||
| 18 | "units of local government" under Section 1 of Article VII of | ||||||
| 19 | the Illinois Constitution and includes school districts. | ||||||
| 20 | "Major program" means a federal program determined by the | ||||||
| 21 | auditor to be a major program in accordance with 2 CFR Part | ||||||
| 22 | 200, Subpart F - Audit Requirements or a program identified as | ||||||
| 23 | a major program by a federal awarding agency or pass-through | ||||||
| 24 | entity in accordance with 2 CFR Part 200, Subpart F - Audit | ||||||
| 25 | Requirements. | ||||||
| 26 | "Non-federal entity" means a state, local government, | ||||||
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| 1 | Indian tribe, institution of higher education, or | ||||||
| 2 | organization, whether nonprofit or for-profit, that carries | ||||||
| 3 | out a State or federal award as a recipient or subrecipient. | ||||||
| 4 | "Nonprofit organization" means any corporation, trust, | ||||||
| 5 | association, cooperative, or other organization, not including | ||||||
| 6 | institutions of higher education, that: | ||||||
| 7 | (1) is operated primarily for scientific, educational, | ||||||
| 8 | service, charitable, or similar purposes in the public | ||||||
| 9 | interest; | ||||||
| 10 | (2) is not organized primarily for profit; and | ||||||
| 11 | (3) uses net proceeds to maintain, improve, or expand | ||||||
| 12 | the operations of the organization. | ||||||
| 13 | "Obligations", when used in connection with a non-federal | ||||||
| 14 | entity's utilization of funds under an award, means orders | ||||||
| 15 | placed for property and services, contracts and subawards | ||||||
| 16 | made, and similar transactions during a given period that | ||||||
| 17 | require payment by the non-federal entity during the same or a | ||||||
| 18 | future period. | ||||||
| 19 | "Office of Management and Budget" means the Office of | ||||||
| 20 | Management and Budget of the Executive Office of the | ||||||
| 21 | President. | ||||||
| 22 | "Other clusters" has the meaning provided by the federal | ||||||
| 23 | Office of Management and Budget in the compliance supplement | ||||||
| 24 | or has the meaning as it is designated by a state for federal | ||||||
| 25 | awards the state provides to its subrecipients that meet the | ||||||
| 26 | definition of a cluster of programs. When designating an | ||||||
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| 1 | "other cluster", a state must identify the federal awards | ||||||
| 2 | included in the cluster and advise the subrecipients of | ||||||
| 3 | compliance requirements applicable to the cluster. | ||||||
| 4 | "Oversight agency for audit" means the federal awarding | ||||||
| 5 | agency that provides the predominant amount of funding | ||||||
| 6 | directly to a non-federal entity not assigned a cognizant | ||||||
| 7 | agency for audit. When there is no direct funding, the | ||||||
| 8 | awarding agency that is the predominant source of pass-through | ||||||
| 9 | funding must assume the oversight responsibilities. The duties | ||||||
| 10 | of the oversight agency for audit and the process for any | ||||||
| 11 | reassignments are described in 2 CFR Part 200, Subpart F - | ||||||
| 12 | Audit Requirements. | ||||||
| 13 | "Pass-through entity" means a non-federal entity that | ||||||
| 14 | provides a subaward to a subrecipient to carry out part of a | ||||||
| 15 | program. | ||||||
| 16 | "Private award" means an award from a person or entity | ||||||
| 17 | other than a State or federal entity. Private awards are not | ||||||
| 18 | subject to the provisions of this Act. | ||||||
| 19 | "Property" means real property or personal property. | ||||||
| 20 | "Project cost" means total allowable costs incurred under | ||||||
| 21 | an award and all required cost sharing and voluntary committed | ||||||
| 22 | cost sharing, including third-party contributions. | ||||||
| 23 | "Public institutions of higher education" has the meaning | ||||||
| 24 | provided in Section 1 of the Board of Higher Education Act. | ||||||
| 25 | "Recipient" means a non-federal entity that receives an | ||||||
| 26 | award directly from an awarding agency to carry out an | ||||||
| |||||||
| |||||||
| 1 | activity under a program. "Recipient" does not include | ||||||
| 2 | subrecipients or individuals who are beneficiaries of the | ||||||
| 3 | award. | ||||||
| 4 | "Research and Development" means all research activities, | ||||||
| 5 | both basic and applied, and all development activities that | ||||||
| 6 | are performed by non-federal entities. | ||||||
| 7 | "Single Audit Act" means the federal Single Audit Act | ||||||
| 8 | Amendments of 1996 (31 U.S.C. 7501-7507). | ||||||
| 9 | "State agency" means an Executive branch agency. For | ||||||
| 10 | purposes of this Act, "State agency" does not include public | ||||||
| 11 | institutions of higher education. | ||||||
| 12 | "State award" means the financial assistance that a | ||||||
| 13 | non-federal entity receives from the State and that is funded | ||||||
| 14 | with either State funds or federal funds; in the latter case, | ||||||
| 15 | the State is acting as a pass-through entity. | ||||||
| 16 | "State awarding agency" means a State agency that provides | ||||||
| 17 | an award to a non-federal entity. | ||||||
| 18 | "State grant-making agency" has the same meaning as "State | ||||||
| 19 | awarding agency". | ||||||
| 20 | "State interest" means the acquisition or improvement of | ||||||
| 21 | real property, equipment, or supplies under a State award, the | ||||||
| 22 | dollar amount that is the product of the State share of the | ||||||
| 23 | total project costs and current fair market value of the | ||||||
| 24 | property, improvements, or both, to the extent the costs of | ||||||
| 25 | acquiring or improving the property were included as project | ||||||
| 26 | costs. | ||||||
| |||||||
| |||||||
| 1 | "State program" means any of the following: | ||||||
| 2 | (1) All State awards which are assigned a single | ||||||
| 3 | number in the Catalog of State Financial Assistance. | ||||||
| 4 | (2) When no Catalog of State Financial Assistance | ||||||
| 5 | number is assigned, all State awards to non-federal | ||||||
| 6 | entities from the same agency made for the same purpose | ||||||
| 7 | are considered one program. | ||||||
| 8 | (3) A cluster of programs as defined in this Section. | ||||||
| 9 | "State share" means the portion of the total project costs | ||||||
| 10 | that are paid by State funds. | ||||||
| 11 | "Stop payment order" means a communication from a State | ||||||
| 12 | grant-making agency to the Office of the Comptroller, | ||||||
| 13 | following procedures set out by the Office of the Comptroller, | ||||||
| 14 | causing the cessation of payments to a recipient or | ||||||
| 15 | subrecipient as a result of the recipient's or subrecipient's | ||||||
| 16 | failure to comply with one or more terms of the grant or | ||||||
| 17 | subaward. | ||||||
| 18 | "Stop payment procedure" means the procedure created by | ||||||
| 19 | the Office of the Comptroller which effects a stop payment | ||||||
| 20 | order and the lifting of a stop payment order upon the request | ||||||
| 21 | of the State grant-making agency. | ||||||
| 22 | "Student Financial Aid" means federal awards under those | ||||||
| 23 | programs of general student assistance, such as those | ||||||
| 24 | authorized by Title IV of the Higher Education Act of 1965, as | ||||||
| 25 | amended (20 U.S.C. 1070-1099d), that are administered by the | ||||||
| 26 | United States Department of Education and similar programs | ||||||
| |||||||
| |||||||
| 1 | provided by other federal agencies. "Student Financial Aid" | ||||||
| 2 | does not include federal awards under programs that provide | ||||||
| 3 | fellowships or similar federal awards to students on a | ||||||
| 4 | competitive basis or for specified studies or research. | ||||||
| 5 | "Subaward" means a State or federal award provided by a | ||||||
| 6 | pass-through entity to a subrecipient for the subrecipient to | ||||||
| 7 | carry out part of a federal award received by the pass-through | ||||||
| 8 | entity. "Subaward" does not include payments to a contractor | ||||||
| 9 | or payments to an individual that is a beneficiary of a federal | ||||||
| 10 | program. A "subaward" may be provided through any form of | ||||||
| 11 | legal agreement, including an agreement that the pass-through | ||||||
| 12 | entity considers a contract. | ||||||
| 13 | "Subrecipient" means a non-federal entity that receives a | ||||||
| 14 | State or federal subaward from a pass-through entity to carry | ||||||
| 15 | out part of a State or federal program. "Subrecipient" does | ||||||
| 16 | not include an individual that is a beneficiary of such | ||||||
| 17 | program. A "subrecipient" may also be a recipient of other | ||||||
| 18 | State or federal awards directly from a State or federal | ||||||
| 19 | awarding agency. | ||||||
| 20 | "Suspension" means a post-award action by the State or | ||||||
| 21 | federal agency or pass-through entity that temporarily | ||||||
| 22 | withdraws the State or federal agency's or pass-through | ||||||
| 23 | entity's financial assistance sponsorship under an award, | ||||||
| 24 | pending corrective action by the recipient or subrecipient or | ||||||
| 25 | pending a decision to terminate the award. | ||||||
| 26 | "Uniform Administrative Requirements, Costs Principles, | ||||||
| |||||||
| |||||||
| 1 | and Audit Requirements for Federal Awards" means those rules | ||||||
| 2 | applicable to grants contained in 2 CFR Part 200. | ||||||
| 3 | "Unique Entity Identifier" means the number that is | ||||||
| 4 | established and assigned by the federal government on the | ||||||
| 5 | System for Award Management website (SAM.gov) to uniquely | ||||||
| 6 | identify entities and, under federal law, is required for | ||||||
| 7 | nonfederal entities to apply for, receive, and report on a | ||||||
| 8 | federal award. | ||||||
| 9 | "Voluntary committed cost sharing" means cost sharing | ||||||
| 10 | specifically pledged on a voluntary basis in the proposal's | ||||||
| 11 | budget or the award on the part of the non-federal entity and | ||||||
| 12 | that becomes a binding requirement of the award. | ||||||
| 13 | (Source: P.A. 103-616, eff. 7-1-24; 103-1068, eff. 3-21-25; | ||||||
| 14 | 104-417, eff. 8-15-25.) | ||||||
| 15 | (30 ILCS 708/60) | ||||||
| 16 | Sec. 60. Grant Accountability and Transparency Unit | ||||||
| 17 | responsibilities. | ||||||
| 18 | (a) The Grant Accountability and Transparency Unit within | ||||||
| 19 | the Governor's Office of Management and Budget shall be | ||||||
| 20 | responsible for: | ||||||
| 21 | (1) The development of minimum requirements applicable | ||||||
| 22 | to the staff of grant applicants to manage and execute | ||||||
| 23 | grant awards for programmatic and administrative purposes, | ||||||
| 24 | including grant management specialists with: | ||||||
| 25 | (A) general and technical competencies; | ||||||
| |||||||
| |||||||
| 1 | (B) programmatic expertise; | ||||||
| 2 | (C) fiscal expertise and systems necessary to | ||||||
| 3 | adequately account for the source and application of | ||||||
| 4 | grant funds for each program; and | ||||||
| 5 | (D) knowledge of compliance requirements. | ||||||
| 6 | (2) The development of minimum training requirements, | ||||||
| 7 | including annual training requirements. | ||||||
| 8 | (3) Accurate, current, and complete disclosure of the | ||||||
| 9 | financial results of each funded award, as set forth in | ||||||
| 10 | the financial monitoring and reporting Section of 2 CFR | ||||||
| 11 | Part 200. | ||||||
| 12 | (4) Development of criteria for requiring the | ||||||
| 13 | retention of a fiscal agent and for becoming a fiscal | ||||||
| 14 | agent. | ||||||
| 15 | (5) Development of disclosure requirements in the | ||||||
| 16 | grant application pertaining to: | ||||||
| 17 | (A) related-party status between grantees and | ||||||
| 18 | grant-making agencies; | ||||||
| 19 | (B) past employment of applicant officers and | ||||||
| 20 | grant managers; | ||||||
| 21 | (C) disclosure of current or past employment of | ||||||
| 22 | members of immediate family; and | ||||||
| 23 | (D) disclosure of senior management of grantee | ||||||
| 24 | organization and their relationships with contracted | ||||||
| 25 | vendors. | ||||||
| 26 | (6) Implementation of rules prohibiting a grantee from | ||||||
| |||||||
| |||||||
| 1 | charging any cost allocable to a particular award or cost | ||||||
| 2 | objective to other State or federal awards to overcome | ||||||
| 3 | fund deficiencies, to avoid restrictions imposed by law or | ||||||
| 4 | terms of the federal awards, or for other reasons. | ||||||
| 5 | (7) Implementation of rules prohibiting a non-federal | ||||||
| 6 | entity from earning or keeping any profit resulting from | ||||||
| 7 | State or federal financial assistance, unless prior | ||||||
| 8 | approval has been obtained from the Governor's Office of | ||||||
| 9 | Management and Budget and is expressly authorized by the | ||||||
| 10 | terms and conditions of the award. | ||||||
| 11 | (8) Maintenance of an Illinois Stop Payment List or an | ||||||
| 12 | Illinois Debarred and Suspended List that contains the | ||||||
| 13 | names of those individuals and entities that are | ||||||
| 14 | ineligible, either temporarily or permanently, to receive | ||||||
| 15 | an award of grant funds from the State. | ||||||
| 16 | (9) Ensuring the adoption of standardized rules for | ||||||
| 17 | the implementation of this Act by State grant-making | ||||||
| 18 | agencies. The Grant Accountability and Transparency Unit | ||||||
| 19 | shall provide such advice and technical assistance to the | ||||||
| 20 | State grant-making agencies as is necessary or indicated | ||||||
| 21 | in order to ensure compliance with this Act. | ||||||
| 22 | (10) Coordination of financial and Single Audit | ||||||
| 23 | reviews. | ||||||
| 24 | (11) Coordination of on-site reviews of grantees and | ||||||
| 25 | subrecipients. | ||||||
| 26 | (12) Maintenance of the Catalog of State Financial | ||||||
| |||||||
| |||||||
| 1 | Assistance, which shall be posted on an Internet website | ||||||
| 2 | maintained by the Governor's Office of Management and | ||||||
| 3 | Budget that is available to the public. | ||||||
| 4 | (13) Promotion of best practices for disseminating | ||||||
| 5 | information about grant opportunities to grant-making | ||||||
| 6 | agencies statewide, with an emphasis on reaching | ||||||
| 7 | previously underserved communities and grantees. | ||||||
| 8 | (b) The Grant Accountability and Transparency Unit shall | ||||||
| 9 | have no power or authority regarding the approval, | ||||||
| 10 | disapproval, management, or oversight of grants entered into | ||||||
| 11 | or awarded by a State agency or by a public institution of | ||||||
| 12 | higher education. The power or authority existing under law to | ||||||
| 13 | grant or award grants by a State agency or by a public | ||||||
| 14 | institution of higher education shall remain with that State | ||||||
| 15 | agency or public institution of higher education. The Unit | ||||||
| 16 | shall be responsible for providing technical assistance to | ||||||
| 17 | guide the Administrative Code amendments proposed by State | ||||||
| 18 | grant-making agencies to comply with this Act and shall be | ||||||
| 19 | responsible for establishing standardized policies and | ||||||
| 20 | procedures for State grant-making agencies in order to ensure | ||||||
| 21 | compliance with the Uniform Administrative Requirements, Cost | ||||||
| 22 | Principles and Audit Requirements for Federal Awards set forth | ||||||
| 23 | in 2 CFR Part 200, all of which must be adhered to by the State | ||||||
| 24 | grant-making agencies throughout the life cycle of the grant. | ||||||
| 25 | (c) The powers and functions of grant making by State | ||||||
| 26 | agencies or public institutions of higher education may not be | ||||||
| |||||||
| |||||||
| 1 | transferred to, nor may prior grant approval be transferred | ||||||
| 2 | to, any other person, office, or entity within the executive | ||||||
| 3 | branch of State government. | ||||||
| 4 | (Source: P.A. 103-1068, eff. 3-21-25.) | ||||||
| 5 | (30 ILCS 708/105) | ||||||
| 6 | Sec. 105. Stop payment procedures. | ||||||
| 7 | (a) On or before July 1, 2019, the Governor's Office of | ||||||
| 8 | Management and Budget shall adopt rules pertaining to the | ||||||
| 9 | following: | ||||||
| 10 | (1) factors to be considered in determining whether to | ||||||
| 11 | issue a stop payment order shall include whether or not a | ||||||
| 12 | stop payment order is in the best interests of the State; | ||||||
| 13 | (2) factors to be considered in determining whether a | ||||||
| 14 | stop payment order should be lifted; and | ||||||
| 15 | (3) procedures for notification to the recipient or | ||||||
| 16 | subrecipient of the issuance of a stop payment order, the | ||||||
| 17 | lifting of a stop payment order, and any other related | ||||||
| 18 | information. | ||||||
| 19 | (b) On or before December 31, 2019, the Governor's Office | ||||||
| 20 | of Management and Budget shall, in conjunction with State | ||||||
| 21 | grant-making agencies, adopt rules pertaining to the | ||||||
| 22 | following: | ||||||
| 23 | (1) policies regarding the issuance of stop payment | ||||||
| 24 | orders; | ||||||
| 25 | (2) policies regarding the lifting of stop payment | ||||||
| |||||||
| |||||||
| 1 | orders; | ||||||
| 2 | (3) policies regarding corrective actions required of | ||||||
| 3 | recipients and subrecipients in the event a stop payment | ||||||
| 4 | order is issued; and | ||||||
| 5 | (4) policies regarding the coordination of | ||||||
| 6 | communications between the Office of the Comptroller and | ||||||
| 7 | State grant-making agencies regarding the issuance of stop | ||||||
| 8 | payment orders and the lifting of such orders. | ||||||
| 9 | (c) On or before July 1, 2020, the Office of the | ||||||
| 10 | Comptroller shall establish stop payment procedures that shall | ||||||
| 11 | cause the cessation of payments to a recipient or | ||||||
| 12 | subrecipient. Such a temporary or permanent cessation of | ||||||
| 13 | payments will occur pursuant to a stop payment order requested | ||||||
| 14 | by a State grant-making agency and implemented by the Office | ||||||
| 15 | of the Comptroller. | ||||||
| 16 | (d) The State grant-making agency shall maintain a file | ||||||
| 17 | pertaining to all stop payment orders which shall include, at | ||||||
| 18 | a minimum: | ||||||
| 19 | (1) The notice to the recipient or subrecipient that a | ||||||
| 20 | stop payment order has been issued. The notice shall | ||||||
| 21 | include: | ||||||
| 22 | (A) The name of the grant. | ||||||
| 23 | (B) The grant number. | ||||||
| 24 | (C) The name of the State agency that issued the | ||||||
| 25 | grant. | ||||||
| 26 | (D) The reasons for the stop payment order. | ||||||
| |||||||
| |||||||
| 1 | (E) Any other relevant information. | ||||||
| 2 | (2) The order lifting the stop payment order, if | ||||||
| 3 | applicable. | ||||||
| 4 | (e) The Grant Accountability and Transparency Unit shall | ||||||
| 5 | determine and disseminate factors that State agencies shall | ||||||
| 6 | consider when determining whether it is in the best interests | ||||||
| 7 | of the State to permanently or temporarily cease payments to a | ||||||
| 8 | recipient or subrecipient who has had a stop payment order | ||||||
| 9 | requested by another State agency. | ||||||
| 10 | (f) The Office of the Comptroller and the Governor's | ||||||
| 11 | Office of Management and Budget grant systems shall determine | ||||||
| 12 | if the recipient or subrecipient has received grants from | ||||||
| 13 | other State grant-making agencies. | ||||||
| 14 | (g) Upon notice from the Office of the Comptroller, the | ||||||
| 15 | Grant Accountability and Transparency Unit shall notify all | ||||||
| 16 | State grant-making agencies who have issued grants to a | ||||||
| 17 | recipient or subrecipient whose payments have been subject to | ||||||
| 18 | a stop payment order that a stop payment order has been | ||||||
| 19 | requested by another State grant-making agency. | ||||||
| 20 | (h) Upon notice from the Grant Accountability and | ||||||
| 21 | Transparency Unit, each State grant-making agency who has | ||||||
| 22 | issued a grant to a recipient or subrecipient whose payments | ||||||
| 23 | have been subject to a stop payment order shall review and | ||||||
| 24 | assess all grants issued to that recipient or subrecipient. | ||||||
| 25 | State agencies shall use factors provided by the Governor's | ||||||
| 26 | Office of Management and Budget or the Grant Accountability | ||||||
| |||||||
| |||||||
| 1 | and Transparency Unit to determine whether it is in the best | ||||||
| 2 | interests of the State to request a stop payment order. | ||||||
| 3 | (Source: P.A. 100-997, eff. 8-20-18.)". | ||||||
