30 ILCS 708/50: State grant-making agency responsibilities.

(Text of Section before amendment by P.A. 104-550)

(a) The specific requirements and responsibilities of State grant-making agencies and non-federal entities are set forth in this Act. State agencies making State awards to non-federal entities must adopt by rule the language in 2 CFR Part 200, Subpart C through Subpart F unless different provisions are required by law.

(b) Each State grant-making agency shall appoint a Chief Accountability Officer who shall serve as a liaison to the Grant Accountability and Transparency Unit and who shall be responsible for the State agency's implementation of and compliance with the rules.

(c) In order to effectively measure the performance of its recipients and subrecipients, each State grant-making agency shall:

(1) require its recipients and subrecipients to relate financial data to performance accomplishments of the award and, when applicable, must require recipients and subrecipients to provide cost information to demonstrate cost-effective practices. The recipient's and subrecipient's performance should be measured in a way that will help the State agency to improve program outcomes, share lessons learned, and spread the adoption of promising practices; and

(2) provide recipients and subrecipients with clear performance goals, indicators, and milestones and must establish performance reporting frequency and content to not only allow the State agency to understand the recipient's progress, but also to facilitate identification of promising practices among recipients and subrecipients and build the evidence upon which the State agency's program and performance decisions are made. The frequency of reports on performance goals, indicators, and milestones required under this Section shall not be more frequent than quarterly. Nothing in this Section is intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity, as indicated by a corrective action plan or by a risk assessment.

(3) Each State grant-making agency shall, when it is in the best interests of the State, request that the Office of the Comptroller issue a stop payment order in accordance with Section 105 of this Act.

(4) Upon notification by the Grant Transparency and Accountability Unit that a stop payment order has been requested by a State grant-making agency, each State grant-making agency who has issued a grant to that recipient or subrecipient shall determine if it remains in the best interests of the State to continue to issue payments to the recipient or subrecipient.

(d) The Governor's Office of Management and Budget shall provide such advice and technical assistance to the State grant-making agencies as is necessary or indicated in order to ensure compliance with this Act.

(e) In accordance with this Act and the Illinois State Collection Act of 1986, refunds required under the Grant Funds Recovery Act may be referred to the Comptroller's offset system.

(Text of Section after amendment by P.A. 104-550)

State grant-making agency responsibilities.

(a) The specific requirements and responsibilities of State grant-making agencies and non-federal entities are set forth in this Act. State agencies making State awards to non-federal entities must adopt by rule the language in 2 CFR Part 200, Subpart C through Subpart F unless different provisions are required by law.

(b) Each State grant-making agency shall appoint a Chief Accountability Officer who shall serve as a liaison to the Grant Accountability and Transparency Unit and who shall be responsible for the State agency's implementation of and compliance with the rules.

(c) In order to effectively measure the performance of its recipients and subrecipients, each State grant-making agency shall:

(1) require its recipients and subrecipients to relate financial data to performance accomplishments of the award and, when applicable, must require recipients and subrecipients to provide cost information to demonstrate cost-effective practices. The recipient's and subrecipient's performance should be measured in a way that will help the State agency to improve program outcomes, share lessons learned, and spread the adoption of promising practices; and

(2) provide recipients and subrecipients with clear performance goals, indicators, and milestones and must establish performance reporting frequency and content to not only allow the State agency to understand the recipient's progress, but also to facilitate identification of promising practices among recipients and subrecipients and build the evidence upon which the State agency's program and performance decisions are made. The frequency of reports on performance goals, indicators, and milestones required under this Section shall not be more frequent than quarterly. Nothing in this Section is intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity, as indicated by a corrective action plan or by a risk assessment.

(3) Each State grant-making agency shall, when it is in the best interests of the State, request that the Office of the Comptroller issue a stop payment order in accordance with Section 105 of this Act.

(4) Upon notification by the Grant Accountability and Transparency Unit that a stop payment order has been requested by a State grant-making agency, each State grant-making agency who has issued a grant to that recipient or subrecipient shall determine if it remains in the best interests of the State to continue to issue payments to the recipient or subrecipient.

(c-5) Each State grant-making agency shall specify in each grant agreement whether the applicable payment methodology is advance payment, reimbursement, or working capital advance. If advance payment is not the applicable payment methodology, the grant agreement shall specify why an alternative payment methodology applies.

(d) The Governor's Office of Management and Budget shall provide such advice and technical assistance to the State grant-making agencies as is necessary or indicated in order to ensure compliance with this Act. The advice and technical assistance provided to State grant-making agencies by the Governor's Office of Management and Budget shall include an explanation of how to determine if the awardee is eligible for advance payments, reimbursement, or working capital advances.

(d-5) Grant agreements issued by State grant-making agencies regarding awards to qualified grantees pursuant to a Notice of Funding Opportunity are subject to the following provisions:

(1) Except as provided in item (3), if the State grant-making agency has determined that the grantee has submitted all of the documentation required for the State grant-making agency to issue the Notice of State-Issued Award to the grantee, the State grant-making agency shall issue the grant agreement within 60 calendar days after the beginning of the applicable fiscal year or within 60 calendar days after issuing the Notice of State-Issued Award, whichever is later.

(2) Except as provided in item (3), if the State grant-making agency determines that the grantee has not submitted all of the documentation required to issue a grant agreement or if the submitted documentation has defects, the State grant-making agency shall notify the grantee of the missing or defective documentation as soon as practical. The State grant-making agency shall issue the grant agreement within 60 calendar days after the beginning of the applicable fiscal year or within 60 calendar days after determining that all documentation has been received and there are no remaining defects, whichever is later.

(3) The 60-day deadlines established in items (1) and (2) may be tolled by the State grant-making agency if the State grant-making agency and the grantee must negotiate any of the required contents of the Uniform Grant Agreement, as established by this Act or in administrative rule adopted pursuant to this Act, including, but not limited to:

(A) the project description;

(B) the period of performance;

(C) the amount of the grant;

(D) the estimated budget;

(E) the indirect cost rate;

(F) general terms and conditions;

(G) agency-specific, program-specific, or grant-specific terms;

(H) grant performance goals;

(I) reporting requirements; or

(J) any other factors identified in administrative rules adopted pursuant to this Act.

Nothing in this subsection applies to grants that are solely for the purpose of capital projects or to grants that the grantee declines to accept.

(e) In accordance with this Act and the Illinois State Collection Act of 1986, refunds required under the Grant Funds Recovery Act may be referred to the Comptroller's offset system.