Section 6B. (a) Notwithstanding any general or special law to the contrary, no state agency shall apply for federal grants or for participation in a federally assisted program under any federal law, and no state agency may approve an application for such a federal grant or approve participation submitted by an agency other than a state agency, unless such state agency shall have, at least thirty days prior to submitting an application, notified the commissioner, the house and senate committees on ways and means, and the joint committee on federal financial assistance, on forms and in a manner prescribed by the commissioner. Such notice shall, at a minimum, include:—
(1) reference to the federal statutory authority under which the action is proposed;
(2) a description of the substance of the application;
(3) a fiscal statement setting forth:—
(i) the projected grant budget per year including the number of personnel to be funded with federal funds;
(ii) the estimated amount of cash match, inkind match or other monies to be supplied by the state and any other source from which such match will be required, and a description of the federal allocation formula and matching requirements including whether the grant is distributed to the commonwealth on the basis of a federally specified formula or on the basis of the federal grantor’s discretion and a description of the federal constraints placed on the agency’s discretion to use the grant; and
(iii) the duration of the grant, the number of fiscal years the agency has been receiving assistance and the number of fiscal years in which assistance can be expected to continue under the program, and a statement as to the priority of the program alongside other state or federally funded programs, including whether the agency would request that all or part of the program be funded out of the General Fund in the event federal funds are reduced or discontinued.
If, within thirty days of notification of intent to apply for a federal grant, no action has been taken by either the commissioner, the house or senate committee on ways and means, or the joint committee on federal financial assistance, the application may proceed. To avoid any inconsistency or duplication in review, the commissioner shall establish procedures whereby notices given under this section shall be coordinated with other notice requirements for project or plan proposals in connection with federal aid including those required under Circular A-95 of the United States Office of Management and Budget.
Notwithstanding the foregoing provisions, any federal grant which is included as an appropriation in the state budget shall not be subject to the foregoing review by the house and senate committees on ways and means.
(b) Upon official notification to a state agency from a federal department or agency of approval of a state plan or application for federal funds, the state agency shall notify the commissioner and the comptroller promptly of the amount, duration, payment schedule and other attendant financial terms and conditions. Such notification shall be for the purposes of appropriate recording. The commissioner shall issue a quarterly report detailing, by agency, the status of federal funds applied for, received, and expended. Upon issuance, this report shall be made immediately available to the house and senate committees on ways and means and to the joint committee on federal financial assistance.
(c) All requests for appropriations by an agency for submission to the governor and recommendation to the general court, shall contain, on forms and in a format prescribed by the commissioner, all federal grants received by an agency including that information required in subsection (a). Pursuant to section six the budget director shall include all federal grants received or anticipated by state agencies as a part of the budget.
(d) Notwithstanding the provision of any general or special law to the contrary, no state agency shall establish new, or expand existing programs involving federal or other non-state monies beyond the scope of those already established, recognized, and approved by the general court, until the program and the projected or actual availability of money is submitted to the budget director for recommendation to the general court. No state agency may make expenditures from any federal grant unless such expenditures are made pursuant to specific appropriations of the general court and allotment thereof, said allotment to be made by the comptroller upon receipt of federal grant funds.
Every state agency shall submit a spending plan for such federal grants, by subsidiary accounts, to the house and senate committees on ways and means and the joint committee on federal financial assistance by September first of each year and shall submit revisions of such spending plans to said committees as they shall from time to time be revised.
Pursuant to section two C, all such expenditures shall be charged to the General Federal Grants Fund. Notwithstanding the amount of the appropriation for a specific federal grant, the amount so expended from such federal grant shall not exceed the amount actually received and deposited in the General Federal Grants Fund for such federal grant. To the extent not precluded by the terms and conditions under which federal monies are made available by the United States government, a state agency shall use federal grants in accordance with any policies or priorities established by the general court for the activity being assisted.
(e) If federal grant monies become available to the state for expenditure, as provided for in subsection (a), and the availability of such monies could not reasonably have been anticipated and included in the budget approved by the general court for the fiscal year in question, the treasurer may accept such monies on behalf of the state and the governor may make expenditures of such monies as are authorized by federal and state law. Upon application for, and receipt of, such monies, the governor shall submit to the house and senate committees on ways and means a statement:—
(1) describing the proposed federal expenditures in the same manner as described in the budget document; and
(2) explaining why the availability of such federal grants and the necessity of their expenditure could not have been anticipated in time for such expenditures to have been approved as part of the budget enacted for that particular fiscal year.
No federal grant monies may be expended by a state agency for any program for more than one fiscal year without appropriation by the general court in accordance with this section.
(f) Each spending agency in receipt of federal grant monies shall at the commencement of each fiscal year, and no later than July thirty-first, and any agency which has not previously been in receipt of a federal grant shall, upon notification of grant approval, authorize the comptroller upon his receipt of notice of a federal grant award to initiate such procedures as are established by the commissioner to transfer from the federal grant account to the General Fund for the costs of fringe benefits, indirect costs and space use charges related to each federal grant received by that spending agency; provided, however, that the share of the cost of fringe benefits, attributable to employee pension costs shall be transferred to the Commonwealth’s Pension Liability Fund to meet the costs of the unfunded liability of state employees. Upon approval by the commissioner, and subject to regulations established by him, the amount of indirect costs, either in whole or in part, charged to a federal grant may be utilized to comply with federal requirements for inkind contributions. The costs of fringe benefits must, in all cases, be recovered in cash. The comptroller shall not allow expenditures for the payment of salaries to be made from any federal grant account for which he has not been authorized to charge the full amount of fringe benefits to the account. On or before August fifteenth, and upon request throughout the year, the commissioner shall submit a report to the house and senate committees on ways and means, detailing compliance with this provision by all state agencies in receipt of federal funds. Notwithstanding any provision of general or special law to the contrary, this paragraph shall apply to all state agencies; provided, however, that any institution of higher learning shall be exempt from those charges associated with indirect costs, as described in the following paragraph.
(g) Any portion of a federal grant received by an institution of higher learning which, according to the conditions of said federal grant, is to be paid for or to cover any overhead expenses, indirect costs, supporting services or facilities, or for any purpose other than the direct object of the grant, may be transferred in whole or in part to separate accounts and expended without appropriation for the support of a computer or computers, of another research grant, or of publishing programs under the exclusive control of such institution, or for faculty research or research and scholarly work under the supervision of members of the faculty of such institution.
(h) No individual, corporation or other organization utilizing grants shall be permitted to occupy or use land, buildings, equipment or facilities of the commonwealth or use the services of any officer or employee of the commonwealth during his regular working hours unless there is a written agreement, approved by the commissioner, between said individual, corporation or other organization and said officer or employee, that the commonwealth will be reimbursed for such occupancy or use; provided, however, that upon recommendation of any department, institution, board, commission, agency or employee setting forth good and sufficient reasons, this requirement may be waived in whole or in part by the commissioner on a particular project or projects. All such reimbursements shall be paid into the state treasury. Notice of such waiver shall be filed with the state auditor.
(i) Federal grants shall not be used to supplement the regular salary or compensation of any officer or employee of the commonwealth for services performed during his regular working hours.
(j) The following are excluded from subsections (a), (d) and (e):—
(1) federal grant funds coming to institutions of higher education, including research grants;
(2) research grants to individuals, agencies or institutions not exceeding fifty thousand dollars in annual amount and not creating new, or expanding existing, programs or commitments of state resources;
(3) any federal grant funds not exceeding five thousand dollars in annual amount; and
(4) federal grant funds made available to the state for costs and damages resulting from natural disasters, civil disobedience, or other occurrences of sufficient severity to have occasioned the declaration by the governor of a state of emergency.
Section 6B. (a) Notwithstanding any general or special law to the contrary, no state agency shall apply for federal grants or for participation in a federally assisted program under any federal law, and no state agency may approve an application for such a federal grant or approve participation submitted by an agency other than a state agency, unless such state agency shall have, at least thirty days prior to submitting an application, notified the commissioner, the house and senate committees on ways and means, and the joint committee on federal financial assistance, on forms and in a manner prescribed by the commissioner. Such notice shall, at a minimum, include:—
(1) reference to the federal statutory authority under which the action is proposed;
(2) a description of the substance of the application;
(3) a fiscal statement setting forth:—
(i) the projected grant budget per year including the number of personnel to be funded with federal funds;
(ii) the estimated amount of cash match, inkind match or other monies to be supplied by the state and any other source from which such match will be required, and a description of the federal allocation formula and matching requirements including whether the grant is distributed to the commonwealth on the basis of a federally specified formula or on the basis of the federal grantor’s discretion and a description of the federal constraints placed on the agency’s discretion to use the grant; and
(iii) the duration of the grant, the number of fiscal years the agency has been receiving assistance and the number of fiscal years in which assistance can be expected to continue under the program, and a statement as to the priority of the program alongside other state or federally funded programs, including whether the agency would request that all or part of the program be funded out of the General Fund in the event federal funds are reduced or discontinued.
If, within thirty days of notification of intent to apply for a federal grant, no action has been taken by either the commissioner, the house or senate committee on ways and means, or the joint committee on federal financial assistance, the application may proceed. To avoid any inconsistency or duplication in review, the commissioner shall establish procedures whereby notices given under this section shall be coordinated with other notice requirements for project or plan proposals in connection with federal aid including those required under Circular A-95 of the United States Office of Management and Budget.
Notwithstanding the foregoing provisions, any federal grant which is included as an appropriation in the state budget shall not be subject to the foregoing review by the house and senate committees on ways and means.
(b) Upon official notification to a state agency from a federal department or agency of approval of a state plan or application for federal funds, the state agency shall notify the commissioner and the comptroller promptly of the amount, duration, payment schedule and other attendant financial terms and conditions. Such notification shall be for the purposes of appropriate recording. The commissioner shall issue a quarterly report detailing, by agency, the status of federal funds applied for, received, and expended. Upon issuance, this report shall be made immediately available to the house and senate committees on ways and means and to the joint committee on federal financial assistance.
(c) All requests for appropriations by an agency for submission to the governor and recommendation to the general court, shall contain, on forms and in a format prescribed by the commissioner, all federal grants received by an agency including that information required in subsection (a). Pursuant to section six the budget director shall include all federal grants received or anticipated by state agencies as a part of the budget.
(d) Notwithstanding the provision of any general or special law to the contrary, no state agency shall establish new, or expand existing programs involving federal or other non-state monies beyond the scope of those already established, recognized, and approved by the general court, until the program and the projected or actual availability of money is submitted to the budget director for recommendation to the general court. No state agency may make expenditures from any federal grant unless such expenditures are made pursuant to specific appropriations of the general court and allotment thereof, said allotment to be made by the comptroller upon receipt of federal grant funds.
Every state agency shall submit a spending plan for such federal grants, by subsidiary accounts, to the house and senate committees on ways and means and the joint committee on federal financial assistance by September first of each year and shall submit revisions of such spending plans to said committees as they shall from time to time be revised.
Pursuant to section two C, all such expenditures shall be charged to the General Federal Grants Fund. Notwithstanding the amount of the appropriation for a specific federal grant, the amount so expended from such federal grant shall not exceed the amount actually received and deposited in the General Federal Grants Fund for such federal grant. To the extent not precluded by the terms and conditions under which federal monies are made available by the United States government, a state agency shall use federal grants in accordance with any policies or priorities established by the general court for the activity being assisted.
(e) If federal grant monies become available to the state for expenditure, as provided for in subsection (a), and the availability of such monies could not reasonably have been anticipated and included in the budget approved by the general court for the fiscal year in question, the treasurer may accept such monies on behalf of the state and the governor may make expenditures of such monies as are authorized by federal and state law. Upon application for, and receipt of, such monies, the governor shall submit to the house and senate committees on ways and means a statement:—
(1) describing the proposed federal expenditures in the same manner as described in the budget document; and
(2) explaining why the availability of such federal grants and the necessity of their expenditure could not have been anticipated in time for such expenditures to have been approved as part of the budget enacted for that particular fiscal year.
No federal grant monies may be expended by a state agency for any program for more than one fiscal year without appropriation by the general court in accordance with this section.
(f) Each spending agency in receipt of federal grant monies shall at the commencement of each fiscal year, and no later than July thirty-first, and any agency which has not previously been in receipt of a federal grant shall, upon notification of grant approval, authorize the comptroller upon his receipt of notice of a federal grant award to initiate such procedures as are established by the commissioner to transfer from the federal grant account to the General Fund for the costs of fringe benefits, indirect costs and space use charges related to each federal grant received by that spending agency; provided, however, that the share of the cost of fringe benefits, attributable to employee pension costs shall be transferred to the Commonwealth’s Pension Liability Fund to meet the costs of the unfunded liability of state employees. Upon approval by the commissioner, and subject to regulations established by him, the amount of indirect costs, either in whole or in part, charged to a federal grant may be utilized to comply with federal requirements for inkind contributions. The costs of fringe benefits must, in all cases, be recovered in cash. The comptroller shall not allow expenditures for the payment of salaries to be made from any federal grant account for which he has not been authorized to charge the full amount of fringe benefits to the account. On or before August fifteenth, and upon request throughout the year, the commissioner shall submit a report to the house and senate committees on ways and means, detailing compliance with this provision by all state agencies in receipt of federal funds. Notwithstanding any provision of general or special law to the contrary, this paragraph shall apply to all state agencies; provided, however, that any institution of higher learning shall be exempt from those charges associated with indirect costs, as described in the following paragraph.
(g) Any portion of a federal grant received by an institution of higher learning which, according to the conditions of said federal grant, is to be paid for or to cover any overhead expenses, indirect costs, supporting services or facilities, or for any purpose other than the direct object of the grant, may be transferred in whole or in part to separate accounts and expended without appropriation for the support of a computer or computers, of another research grant, or of publishing programs under the exclusive control of such institution, or for faculty research or research and scholarly work under the supervision of members of the faculty of such institution.
(h) No individual, corporation or other organization utilizing grants shall be permitted to occupy or use land, buildings, equipment or facilities of the commonwealth or use the services of any officer or employee of the commonwealth during his regular working hours unless there is a written agreement, approved by the commissioner, between said individual, corporation or other organization and said officer or employee, that the commonwealth will be reimbursed for such occupancy or use; provided, however, that upon recommendation of any department, institution, board, commission, agency or employee setting forth good and sufficient reasons, this requirement may be waived in whole or in part by the commissioner on a particular project or projects. All such reimbursements shall be paid into the state treasury. Notice of such waiver shall be filed with the state auditor.
(i) Federal grants shall not be used to supplement the regular salary or compensation of any officer or employee of the commonwealth for services performed during his regular working hours.
(j) The following are excluded from subsections (a), (d) and (e):—
(1) federal grant funds coming to institutions of higher education, including research grants;
(2) research grants to individuals, agencies or institutions not exceeding fifty thousand dollars in annual amount and not creating new, or expanding existing, programs or commitments of state resources;
(3) any federal grant funds not exceeding five thousand dollars in annual amount; and
(4) federal grant funds made available to the state for costs and damages resulting from natural disasters, civil disobedience, or other occurrences of sufficient severity to have occasioned the declaration by the governor of a state of emergency.
Section 6B. (a) Notwithstanding any general or special law to the contrary, no state agency shall apply for federal grants or for participation in a federally assisted program under any federal law, and no state agency may approve an application for such a federal grant or approve participation submitted by an agency other than a state agency, unless such state agency shall have, at least thirty days prior to submitting an application, notified the commissioner, the house and senate committees on ways and means, and the joint committee on federal financial assistance, on forms and in a manner prescribed by the commissioner. Such notice shall, at a minimum, include:—
(1) reference to the federal statutory authority under which the action is proposed;
(2) a description of the substance of the application;
(3) a fiscal statement setting forth:—
(i) the projected grant budget per year including the number of personnel to be funded with federal funds;
(ii) the estimated amount of cash match, inkind match or other monies to be supplied by the state and any other source from which such match will be required, and a description of the federal allocation formula and matching requirements including whether the grant is distributed to the commonwealth on the basis of a federally specified formula or on the basis of the federal grantor’s discretion and a description of the federal constraints placed on the agency’s discretion to use the grant; and
(iii) the duration of the grant, the number of fiscal years the agency has been receiving assistance and the number of fiscal years in which assistance can be expected to continue under the program, and a statement as to the priority of the program alongside other state or federally funded programs, including whether the agency would request that all or part of the program be funded out of the General Fund in the event federal funds are reduced or discontinued.
If, within thirty days of notification of intent to apply for a federal grant, no action has been taken by either the commissioner, the house or senate committee on ways and means, or the joint committee on federal financial assistance, the application may proceed. To avoid any inconsistency or duplication in review, the commissioner shall establish procedures whereby notices given under this section shall be coordinated with other notice requirements for project or plan proposals in connection with federal aid including those required under Circular A-95 of the United States Office of Management and Budget.
Notwithstanding the foregoing provisions, any federal grant which is included as an appropriation in the state budget shall not be subject to the foregoing review by the house and senate committees on ways and means.
(b) Upon official notification to a state agency from a federal department or agency of approval of a state plan or application for federal funds, the state agency shall notify the commissioner and the comptroller promptly of the amount, duration, payment schedule and other attendant financial terms and conditions. Such notification shall be for the purposes of appropriate recording. The commissioner shall issue a quarterly report detailing, by agency, the status of federal funds applied for, received, and expended. Upon issuance, this report shall be made immediately available to the house and senate committees on ways and means and to the joint committee on federal financial assistance.
(c) All requests for appropriations by an agency for submission to the governor and recommendation to the general court, shall contain, on forms and in a format prescribed by the commissioner, all federal grants received by an agency including that information required in subsection (a). Pursuant to section six the budget director shall include all federal grants received or anticipated by state agencies as a part of the budget.
(d) Notwithstanding the provision of any general or special law to the contrary, no state agency shall establish new, or expand existing programs involving federal or other non-state monies beyond the scope of those already established, recognized, and approved by the general court, until the program and the projected or actual availability of money is submitted to the budget director for recommendation to the general court. No state agency may make expenditures from any federal grant unless such expenditures are made pursuant to specific appropriations of the general court and allotment thereof, said allotment to be made by the comptroller upon receipt of federal grant funds.
Every state agency shall submit a spending plan for such federal grants, by subsidiary accounts, to the house and senate committees on ways and means and the joint committee on federal financial assistance by September first of each year and shall submit revisions of such spending plans to said committees as they shall from time to time be revised.
Pursuant to section two C, all such expenditures shall be charged to the General Federal Grants Fund. Notwithstanding the amount of the appropriation for a specific federal grant, the amount so expended from such federal grant shall not exceed the amount actually received and deposited in the General Federal Grants Fund for such federal grant. To the extent not precluded by the terms and conditions under which federal monies are made available by the United States government, a state agency shall use federal grants in accordance with any policies or priorities established by the general court for the activity being assisted.
(e) If federal grant monies become available to the state for expenditure, as provided for in subsection (a), and the availability of such monies could not reasonably have been anticipated and included in the budget approved by the general court for the fiscal year in question, the treasurer may accept such monies on behalf of the state and the governor may make expenditures of such monies as are authorized by federal and state law. Upon application for, and receipt of, such monies, the governor shall submit to the house and senate committees on ways and means a statement:—
(1) describing the proposed federal expenditures in the same manner as described in the budget document; and
(2) explaining why the availability of such federal grants and the necessity of their expenditure could not have been anticipated in time for such expenditures to have been approved as part of the budget enacted for that particular fiscal year.
No federal grant monies may be expended by a state agency for any program for more than one fiscal year without appropriation by the general court in accordance with this section.
(f) Each spending agency in receipt of federal grant monies shall at the commencement of each fiscal year, and no later than July thirty-first, and any agency which has not previously been in receipt of a federal grant shall, upon notification of grant approval, authorize the comptroller upon his receipt of notice of a federal grant award to initiate such procedures as are established by the commissioner to transfer from the federal grant account to the General Fund for the costs of fringe benefits, indirect costs and space use charges related to each federal grant received by that spending agency; provided, however, that the share of the cost of fringe benefits, attributable to employee pension costs shall be transferred to the Commonwealth’s Pension Liability Fund to meet the costs of the unfunded liability of state employees. Upon approval by the commissioner, and subject to regulations established by him, the amount of indirect costs, either in whole or in part, charged to a federal grant may be utilized to comply with federal requirements for inkind contributions. The costs of fringe benefits must, in all cases, be recovered in cash. The comptroller shall not allow expenditures for the payment of salaries to be made from any federal grant account for which he has not been authorized to charge the full amount of fringe benefits to the account. On or before August fifteenth, and upon request throughout the year, the commissioner shall submit a report to the house and senate committees on ways and means, detailing compliance with this provision by all state agencies in receipt of federal funds. Notwithstanding any provision of general or special law to the contrary, this paragraph shall apply to all state agencies; provided, however, that any institution of higher learning shall be exempt from those charges associated with indirect costs, as described in the following paragraph.
(g) Any portion of a federal grant received by an institution of higher learning which, according to the conditions of said federal grant, is to be paid for or to cover any overhead expenses, indirect costs, supporting services or facilities, or for any purpose other than the direct object of the grant, may be transferred in whole or in part to separate accounts and expended without appropriation for the support of a computer or computers, of another research grant, or of publishing programs under the exclusive control of such institution, or for faculty research or research and scholarly work under the supervision of members of the faculty of such institution.
(h) No individual, corporation or other organization utilizing grants shall be permitted to occupy or use land, buildings, equipment or facilities of the commonwealth or use the services of any officer or employee of the commonwealth during his regular working hours unless there is a written agreement, approved by the commissioner, between said individual, corporation or other organization and said officer or employee, that the commonwealth will be reimbursed for such occupancy or use; provided, however, that upon recommendation of any department, institution, board, commission, agency or employee setting forth good and sufficient reasons, this requirement may be waived in whole or in part by the commissioner on a particular project or projects. All such reimbursements shall be paid into the state treasury. Notice of such waiver shall be filed with the state auditor.
(i) Federal grants shall not be used to supplement the regular salary or compensation of any officer or employee of the commonwealth for services performed during his regular working hours.
(j) The following are excluded from subsections (a), (d) and (e):—
(1) federal grant funds coming to institutions of higher education, including research grants;
(2) research grants to individuals, agencies or institutions not exceeding fifty thousand dollars in annual amount and not creating new, or expanding existing, programs or commitments of state resources;
(3) any federal grant funds not exceeding five thousand dollars in annual amount; and
(4) federal grant funds made available to the state for costs and damages resulting from natural disasters, civil disobedience, or other occurrences of sufficient severity to have occasioned the declaration by the governor of a state of emergency.
