(30 ILCS 708/45)
(Section scheduled to be repealed on July 16, 2019)
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 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.
(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.
(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);
(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.
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 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.
(Source: P.A. 98-706, eff. 7-16-14.)
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Last modified: February 18, 2015