NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY 2004 CONSOLIDATED
APPROPRIATIONS RESOLUTION P.L. 108-199; SIGNED January 23, 2004
RELEASE DATE: February 13, 2004
NOTICE: NOT-OD-04-026
National Institutes of Health (NIH)
(http://www.nih.gov/)
The intent 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 for
FY 2004. The legislative mandates for FY 2003 were published on March
18, 2003, NIH Guide Notice, NOT-OD-03-035:
(1) Continued Salary Limitation (204)
(2) Anti-Lobbying (Section 503)
(3) Restriction on Distribution of Sterile Needles (Section 505)
(4) Purchase of American Made Equipment and Products (Section 506)
(5) Acknowledgment of Federal Funding (Section 507)
(6) Restriction on Abortions (Section 508)
(7) Ban on Funding Human Embryo Research (Section 510)
(8) Limitation on Use of Funds for Promotion of Legalization of
Controlled Substances (Section 511)
(1) 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, 2003 through
December 31, 2004 was $171,900. Effective January 1, 2004, this amount
increased to $174,500. 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-04-025.
(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) 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."
(4) 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."
(5) 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."
(6) 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."
(7) 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. No grant,
cooperative agreement, or contract funds may 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
relates to this topic. The URL is http://stemcells.nih.gov/index.asp.
(8) 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."
INQUIRIES
For more information on grants policy, please visit:
http://grants.nih.gov/grants/policy/policy.htm. For more information
on contracts policy, please visit:
http://ocm.od.nih.gov/contracts/contract.htm.
If additional questions remain, after visiting the posted websites,
please contact the awarding grants or contracts management office in
the appropriate NIH Institutes and Centers.
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