NOT-OD-01-014: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY2001 OMNIBUS APPROPRIATIONS P.L. 106-554; SIGNED DECEMBER 21, 2000

Department of Health
and Human Services (HHS)
NIH... Turning Discovery Into Health^®

NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY2001 OMNIBUS APPROPRIATIONS 
P.L. 106-554; SIGNED DECEMBER 21, 2000

Release Date:  January 18, 2001

NOTICE:  NOT-OD-01-014

National Institutes of Health 
 
The purpose of this Notice is to provide information on the following 
statutory provisions that limit the use of funds on National Institutes 
of Health (NIH) grant, cooperative agreement, and contract awards:

(1) Acknowledgement of Federal Funding (Section 507)
(2) Anti-Lobbying (Section 503)
(3) Continued Salary Limitation (Section 204)
(4) Ban on Funding of Human Embryo Research (Section 510)
(5) Purchase of American-Made Equipment and Products (Section 506)
(6) Limitation on Use of Funds for Promotion of Legalization of                                                          
Controlled Substances (Section 511)
(7) Restriction on Distribution of Sterile Needles (Section 505)

(1) ACKNOWLEDGEMENT OF FEDERAL FUNDING (Section 507)

When issuing statements, press releases, requests for proposals, bid 
solicitations and other documents describing projects or programs 
funded in whole or in part with Federal money, all grantees receiving 
Federal funds included in this Act, including but not limited to State 
and local governments and recipients of Federal research grants, shall 
clearly state: (1) the percentage of the total costs of the program or 
project which will be financed with Federal money; (2) the dollar 
amount of Federal funds for the project or program; and (3) percentage 
and dollar amount of the total costs of the project or program that 
will be financed by non-governmental sources.

(2) ANTI-LOBBYING (Section 503)

No part of any appropriation contained in this Act shall be used, other 
than for normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, for the preparation, distribution, or 
use of any kit, pamphlet, booklet, publication, radio, television, or 
video presentation designed to support or defeat legislation pending 
before the Congress or any State legislature, except in presentation to 
the Congress or any State legislature itself.  In addition, no part of 
any appropriation contained in this Act shall be used to pay the salary 
or expenses of any grant or contract recipient, or agent acting for 
such recipient, related to any activity designed to influence 
legislation or appropriations pending before the Congress or any State 
legislature.      

(3) CONTINUED SALARY LIMITATION (Section 204)

None of the funds appropriated in this Act for the National Institutes 
of Health and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I of the Federal Executive Pay Scale.  The level 
effective October 1, 2000 through December 31, 2000 is $157,000.  
Effective January 1, 2001, this amount increases to $161,200.  
Applications and proposals with categorical direct cost budgets 
reflecting direct salaries for individuals in excess of Executive Level 
I per year will be adjusted in accordance with the legislative salary 
limitation.  Please refer to the NIH Guide dated January 12, 2001 for 
additional information.  The URL is 
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-01-013.html.  

(4) BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 510)

This section continues the current ban that prohibits NIH from using 
appropriated funds to support human embryo research.  Grant, 
cooperative agreement and contract funds may not be used for  (1) the 
creation of a human embryo or embryos for research purposes; or  (2) 
research in which a human embryo or embryos are destroyed, discarded, 
or knowingly subjected to risk of injury or death greater than that 
allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and 
section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).  
For purposes of this section, the term ``human embryo  
or  embryos' includes any organism not protected as a human subject 
under 45 CFR 46 as of the date of the enactment of this Act, that is 
derived by fertilization, parthenogenesis, cloning, or any other means 
from one or more human gametes or human diploid cells.

The NIH has published final guidelines on stem cell research that 
relate to this topic.  The URL is 
http://stemcells.nih.gov/index.asp.

(5) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 506)

It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.  In providing financial 
assistance to, or entering into any contract with, any entity using 
funds made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing this requirement.  If it has been finally determined by a 
court or Federal agency that any person intentionally affixed 
a label bearing a ``Made in America' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the United 
States that is not made in the United States, the person shall be 
ineligible to receive any contract or subcontract made with funds made 
available in this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 9.409 of 
title 48, Code of Federal Regulations.

(6) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF 
CONTROLLED SUBSTANCES (Section 511)
                
None of the funds made available in this Act may be used for any 
activity that promotes the legalization of any drug or other substance 
included in schedule I of the schedules of controlled substances 
established by section 202 of the Controlled Substances Act (21 U.S.C. 
812).  The limitation above shall not apply when there is significant 
medical evidence of a therapeutic advantage to the use of such drug or 
other substance or that federally sponsored clinical trials are being 
conducted to determine therapeutic advantage.

(7) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505)
                
Notwithstanding any other provision of this Act, no funds appropriated 
under this Act shall be used to carry out any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

INQUIRIES

For more information concerning policies relating to grants, please 
visit http://grants.nih.gov/grants/policy/policy.htm.  For information 
on contract policy, please visit 
http://ocm.od.nih.gov/contracts/contract.htm.  If additional questions 
remain, please contact your awarding grants or contracts management 
office in the NIH Institutes and Centers.
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