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<TITLE>NOT-OD-02-029: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY2002 OMNIBUS APPROPRIATIONS P.L. 107-116; SIGNED JANUARY 10, 2002</TITLE>
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<META NAME="description" CONTENT="NIH Funding Opportunities and Notices in the NIH Guide for Grants and Contracts: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY2002 OMNIBUS APPROPRIATIONS P.L. 107-116; SIGNED JANUARY 10, 2002 NOT-OD-02-029. NIH">
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NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE FY2002 OMNIBUS APPROPRIATIONS
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P.L. 107-116; SIGNED JANUARY 10, 2002
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Release Date: January 25, 2002
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NOTICE: NOT-OD-02-029
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National Institutes of Health
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The purpose of this Notice is to provide information on the following
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statutory provisions that limit the use of funds on National Institutes
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of Health (NIH) grant, cooperative agreement, and contract awards:
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(1) Acknowledgement of Federal Funding (Section 507)
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(2) Anti-Lobbying (Section 503)
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(3) Continued Salary Limitation (Section 204)
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(4) Ban on Funding of Human Embryo Research (Section 510)
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(5) Purchase of American-Made Equipment and Products (Section 506)
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(6) Limitation on Use of Funds for Promotion of Legalization of
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Controlled Substances (Section 511)
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(7) Restriction on Distribution of Sterile Needles (Section 505)
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(1) ACKNOWLEDGEMENT OF FEDERAL FUNDING (Section 507)
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When issuing statements, press releases, requests for proposals, bid
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solicitations and other documents describing projects or programs
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funded in whole or in part with Federal money, all grantees receiving
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Federal funds included in this Act, including but not limited to State
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and local governments and recipients of Federal research grants, shall
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clearly state: (1) the percentage of the total costs of the program or
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project which will be financed with Federal money; (2) the dollar
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amount of Federal funds for the project or program; and (3) percentage
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and dollar amount of the total costs of the project or program that
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will be financed by non-governmental sources.
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(2) ANTI-LOBBYING (Section 503)
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No part of any appropriation contained in this Act shall be used, other
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than for normal and recognized executive-legislative relationships, for
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publicity or propaganda purposes, for the preparation, distribution, or
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use of any kit, pamphlet, booklet, publication, radio, television, or
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video presentation designed to support or defeat legislation pending
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before the Congress or any State legislature, except in presentation to
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the Congress or any State legislature itself. In addition, no part of
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any appropriation contained in this Act shall be used to pay the salary
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or expenses of any grant or contract recipient, or agent acting for
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such recipient, related to any activity designed to influence
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legislation or appropriations pending before the Congress or any
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State legislature.
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(3) CONTINUED SALARY LIMITATION (Section 204)
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None of the funds appropriated in this Act for the National Institutes
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of Health, the Agency for Healthcare Research and Quality, and the
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Substance Abuse and Mental Health Services Administration shall be used
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to pay the salary of an individual, through a grant or other extramural
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mechanism, at a rate in excess of Executive Level I of the Federal
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Executive Pay Scale. The level effective October 1, 2001 through
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December 31, 2001 is $161,200. Effective January 1, 2002, this amount
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increases to $166,700. Applications and proposals with categorical
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direct cost budgets reflecting direct salaries for individuals in
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excess of Executive Level I per year will be adjusted in accordance
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with the legislative salary limitation. Please refer to NIH GUIDE
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NOTICE, NOT-OD-02-030:
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<a href="http://grants.nih.gov/grants/guide/notice-files/NOT-OD-02-030.html">http://grants.nih.gov/grants/guide/notice-files/NOT-OD-02-030.html</a> dated
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January 25, 2002 for additional information.
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(4) BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 510)
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This section continues the current ban that prohibits NIH from using
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appropriated funds to support human embryo research. Grant,
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cooperative agreement and contract funds may not be used for (1) the
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creation of a human embryo or embryos for research purposes; or (2)
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research in which a human embryo or embryos are destroyed, discarded,
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or knowingly subjected to risk of injury or death greater than that
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allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and
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section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).
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For purposes of this section, the term ``human embryo"
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or "embryos'' includes any organism not protected as a human subject
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under 45 CFR 46 as of the date of the enactment of this Act, that is
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derived by fertilization, parthenogenesis, cloning, or any other means
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from one or more human gametes or human diploid cells.
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The NIH has published final guidelines on stem cell research that
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relate to this topic. The URL is
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<a href="http://stemcells.nih.gov/index.asp">http://stemcells.nih.gov/index.asp</a>.
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(5) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 506)
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It is the sense of the Congress that, to the greatest extent
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practicable, all equipment and products purchased with funds made
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available in this Act should be American-made. In providing financial
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assistance to, or entering into any contract with, any entity using
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funds made available in this Act, the head of each Federal agency, to
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the greatest extent practicable, shall provide to such entity a notice
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describing this requirement. If it has been finally determined by a
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court or Federal agency that any person intentionally affixed
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a label bearing a ``Made in America'' inscription, or any inscription
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with the same meaning, to any product sold in or shipped to the United
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States that is not made in the United States, the person shall be
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ineligible to receive any contract or subcontract made with funds made
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available in this Act, pursuant to the debarment, suspension, and
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ineligibility procedures described in sections 9.400 through 9.409 of
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title 48, Code of Federal Regulations.
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(6) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF
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CONTROLLED SUBSTANCES (Section 511)
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None of the funds made available in this Act may be used for any
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activity that promotes the legalization of any drug or other substance
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included in schedule I of the schedules of controlled substances
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established by section 202 of the Controlled Substances Act (21 U.S.C.
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812). The limitation above shall not apply when there is significant
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medical evidence of a therapeutic advantage to the use of such drug or
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other substance or that federally sponsored clinical trials are being
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conducted to determine therapeutic advantage.
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(7) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505)
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Notwithstanding any other provision of this Act, no funds appropriated
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under this Act shall be used to carry out any program of distributing
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sterile needles or syringes for the hypodermic injection of any
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illegal drug.
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INQUIRIES
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For more information concerning policies relating to grants, please
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visit <a href="http://grants.nih.gov/grants/policy/policy.htm">http://grants.nih.gov/grants/policy/policy.htm</a>. For information
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on contract policy, please visit
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<a href="http://ocm.od.nih.gov/contracts/contract.htm">http://ocm.od.nih.gov/contracts/contract.htm</a>. If additional questions
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remain, please contact your awarding grants or contracts management
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office in the NIH Institutes and Centers.
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</pre>
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<P><HR><P>
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<A HREF="/grants/guide/WeeklyIndex.cfm?WeekEnding=01-25-02">Weekly TOC for this Announcement</A><br>
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<A HREF="/grants/guide/index.html">NIH Funding Opportunities and Notices</A>
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