Bill Text: IL SB1655 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Grant Accessibility and Transparency Act. Provides that the Act does not apply to certified local health departments which receive less than $750,000 in State grants annually. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1655 Detail]

Download: Illinois-2017-SB1655-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1655 Introduced 2/9/2017, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
30 ILCS 708/45
Amends the Grant Accessibility and Transparency Act. Provides that the Act does not apply to certified local health departments which receive less than $750,000 in State grants annually. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Grant Accountability and Transparency Act is
amended by changing Section 45 as follows:
(30 ILCS 708/45)
(Section scheduled to be repealed on July 16, 2020)
Sec. 45. Applicability.
(a) The requirements established under this Act apply to
State grant-making agencies that make State and federal
pass-through awards to non-federal entities. These
requirements apply to all costs related to State and federal
pass-through awards. The requirements established under this
Act do not apply to private awards.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through

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award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under subsection
(a) of Section 20 of this Act, but not to any requirements in
this Act directed towards State or federal awarding agencies,
unless the requirements of the State or federal awards indicate
otherwise.
When a non-federal entity is awarded a cost-reimbursement
contract, only 2 CFR 200.330 through 200.332 are incorporated
by reference into the contract. However, when the Cost
Accounting Standards are applicable to the contract, they take
precedence over the requirements of this Act unless they are in
conflict with Subpart F of 2 CFR 200. In addition, costs that
are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
4304(a), as described in the Federal Acquisition Regulations,
subpart 31.2 and subpart 31.603, are always unallowable. For
requirements other than those covered in Subpart D of 2 CFR
200.330 through 200.332, the terms of the contract and the
Federal Acquisition Regulations apply.
With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where
the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.

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(c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.
(d) Except for 2 CFR 200.202 and 200.330 through 200.332,
the requirements in Subparts C, D, and E of 2 CFR 200 do not
apply to the following programs:
(1) The block grant awards authorized by the Omnibus
Budget Reconciliation Act of 1981 (including Community
Services; Preventive Health and Health Services; Alcohol,
Drug Abuse, and Mental Health Services; Maternal and Child
Health Services; Social Services; Low-Income Home Energy
Assistance; States' Program of Community Development Block
Grant Awards for Small Cities; and Elementary and Secondary
Education, other than programs administered by the
Secretary of Education under Title V, Subtitle D, Chapter
2, Section 583 - the Secretary's discretionary award
program) and both the Alcohol and Drug Abuse Treatment and
Rehabilitation Block Grant Award (42 U.S.C. 300x-21 to
300x-35 and 42 U.S.C. 300x-51 to 300x-64) and the Mental
Health Service for the Homeless Block Grant Award (42
U.S.C. 300x to 300x-9) under the Public Health Services
Act.

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(2) Federal awards to local education agencies under 20
U.S.C. 7702 through 7703b (portions of the Impact Aid
program).
(3) Payments under the Department of Veterans Affairs'
State Home Per Diem Program (38 U.S.C. 1741).
(4) Federal awards authorized under the Child Care and
Development Block Grant Act of 1990, as amended, including
the following:
(A) Child Care and Development Block Grant (42
U.S.C. 9858).
(B) Child Care Mandatory and Matching Funds of the
Child Care and Development Fund (42 U.S.C. 9858).
(e) Except for the 2 CFR 200.202 requirement to provide
public notice of federal financial assistance programs, the
guidance in Subpart C Pre-federal Award Requirements and
Contents of Federal Awards does not apply to the following
programs:
(1) Entitlement federal awards to carry out the
following programs of the Social Security Act:
(A) Temporary Assistance to Needy Families (Title
IV-A of the Social Security Act, 42 U.S.C. 601-619);
(B) Child Support Enforcement and Establishment of
Paternity (Title IV-D of the Social Security Act, 42
U.S.C. 651-669b);
(C) Foster Care and Adoption Assistance (Title
IV-E of the Act, 42 U.S.C. 670-679c);

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(D) Aid to the Aged, Blind, and Disabled (Titles I,
X, XIV, and XVI - AABD of the Act, as amended); and
(E) Medical Assistance (Medicaid) (42 U.S.C.
1396-1396w-5), not including the State Medicaid Fraud
Control program authorized by Section 1903(a)(6)(B) of
the Social Security Act (42 U.S.C. 1396b(a)(6)(B)).
(2) A federal award for an experimental, pilot, or
demonstration project that is also supported by a federal
award listed in paragraph (1) of subsection (e) of this
Section.
(3) Federal awards under subsection 412(e) of the
Immigration and Nationality Act of 1965 and Section 501(a)
of the Refugee Education Assistance Act of 1980 for cash
assistance, medical assistance, and supplemental security
income benefits to refugees and entrants and the
administrative costs of providing the assistance and
benefits under 8 U.S.C. 1522(e).
(4) Entitlement awards under the following programs of
The National School Lunch Act:
(A) National School Lunch Program (42 U.S.C.
1753);
(B) Commodity Assistance (42 U.S.C. 1755);
(C) Special Meal Assistance (42 U.S.C. 1759a);
(D) Summer Food Service Program for Children (42
U.S.C. 1761); and
(E) Child and Adult Care Food Program (42 U.S.C.

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1766).
(5) Entitlement awards under the following programs of
The Child Nutrition Act of 1966:
(A) Special Milk Program (42 U.S.C. 1772);
(B) School Breakfast Program (42 U.S.C. 1773); and
(C) State Administrative Expenses (42 U.S.C.
1776).
(6) Entitlement awards for State Administrative
Expenses under The Food and Nutrition Act of 2008 (7 U.S.C.
2025).
(7) Non-discretionary federal awards under the
following non-entitlement programs:
(A) Special Supplemental Nutrition Program for
Women, Infants and Children under the Child Nutrition
Act of 1966 (42 U.S.C. 1786);
(B) The Emergency Food Assistance Programs
(Emergency Food Assistance Act of 1983) (7 U.S.C.
7501); and
(C) Commodity Supplemental Food Program (7 U.S.C.
612c).
(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
(g) Each grant-making agency shall enhance its processes to
monitor and address noncompliance with reporting requirements

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and with program performance standards. Where applicable, the
process may include a corrective action plan. The monitoring
process shall include a plan for tracking and documenting
performance-based contracting decisions.
(h) The provisions of this Act shall not apply to certified
local health departments which receive less than $750,000 in
State grants annually.
As used in this subsection (h), "certified local health
department" means a local governmental agency that administers
and assures health-related programs and services within its
jurisdiction and which is certified by the Department of Public
Health.
(Source: P.A. 98-706, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.