NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY 2003 CONSOLIDATED 
APPROPRIATIONS RESOLUTION P.L. 108-07; SIGNED FEBRUARY 20, 2003
 
RELEASE DATE:  March 18, 2003
 
NOTICE:  NOT-OD-03-035
 
National Institutes of Health (NIH)
 
This Notice provides information on the following statutory provisions that 
limit the use of funds on National Institutes of Health (NIH) grant, 
cooperative agreement, and contract awards.  The legislative mandates for FY 
2002 were published on January 25, 2002, NIH Guide Notice, NOT-OD-02-029:
 
(1) Acknowledgment 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)
(8) Restriction on Abortions
 
(1) ACKNOWLEDGMENT 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, the Agency for Healthcare Research and Quality, 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." Executive Level I of the Federal 
Executive Pay Scale effective October 1, 2002 through December 31, 2002 is 
$166,700. Effective January 1, 2003, this amount increased to $171,900.  
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 NIH GUIDE NOTICE, NOT-OD-03-034:  
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-03-034.html dated 
March 18, 2003 for additional information.
 
(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: "(a) (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)). (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)
 
"(a) 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. (b)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 the statement 
made in subsection (a) by the Congress. (c)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)
                
"(a) 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). (b)The 
limitation in subsection (a) 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."

(8) RESTRICTION ON ABORTIONS (Section 508)

"(a) None of the funds appropriated under this Act, and none of the funds in 
any trust fund to which funds are appropriated under this Act, shall be 
expended for any abortion."
 
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.

Weekly TOC for this Announcement
NIH Funding Opportunities and Notices

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