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<html lang="en-US">
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<HEAD>
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<TITLE>NIH Guide: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED FISCAL
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YEAR 1998 APPROPRIATIONS ACT, P.L. 105-78; SIGNED NOVEMBER 13, 1997</TITLE>
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<META NAME="Title" CONTENT="NIH Guide: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED FISCAL YEAR 1998 APPROPRIATIONS ACT, P.L. 105-78; SIGNED NOVEMBER 13, 1997">
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<META NAME="Filename" CONTENT="not98-013.html">
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<META NAME="Location" CONTENT="/grants/guide/notice-files/">
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<META NAME="Publication_Date" CONTENT="February 13, 1998">
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<META NAME="Keywords" CONTENT="National Institutes of Health">
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</HEAD>
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<BODY BGCOLOR="#FFFFFF" TEXT="#000000">
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<pre>
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NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED FISCAL
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YEAR 1998 APPROPRIATIONS ACT, P.L. 105-78; SIGNED NOVEMBER 13, 1997:
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Release Date: February 12, 1998
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P.T.
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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 of
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Health (NIH) grant, cooperative agreement, and contract awards:
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(1) Continued Salary Limitation (Section 204)
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(2) Anti-Lobbying (Section 503)
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(3) Restriction on Distribution of Sterile Needles (Section 505 and 506)
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(4) Purchase of American-Made Equipment and Products (Section 507)
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(5) Acknowledgment of Federal Funding (Section 508)
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(6) Ban on Funding of Human Embryo Research (Section 513)
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(7) Limitation on Use of Funds for Promotion of Legalization of Controlled
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Substances (Section 514)
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(1) CONTINUED SALARY LIMITATION (Section 204)
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None of the FY 1998 appropriated funds for the National Institutes of Health
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and the Substance Abuse and Mental Health Services Administration shall be
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used to pay the salary of an individual, through a grant, cooperative
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agreement, or contract, at a rate in excess of $125,000 per year. Please
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reference related information in this issue of the NIH Guide. Applications
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and proposals with direct salaries for individuals in excess of $125,000 per
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year will be adjusted in accordance with the legislative salary limitation.
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(2) ANTI-LOBBYING (Section 503)
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Language in this Act prohibits the use of appropriated funds to pay the salary
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or expenses of any grant, cooperative agreement, or contract recipient or
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agent acting for such recipient, related to any activity designed to influence
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legislation or appropriations pending before Congress or any State
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legislature. Specifically, this provision also prohibits the use of funds for
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the preparation, distribution, or use of any kit, pamphlet, booklet,
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publication, radio, television, or video presentation designed to support or
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defeat legislation pending before the Congress or any State legislature,
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except in presentation to the Congress or any State legislature itself.
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(3) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505 & 506)
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Section 505 prohibits the use of funds to implement any program involving
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distribution of sterile needles or syringes for the hypodermic injection of
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any illegal drug. Section 505, however, is subject to the condition stated in
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Section 506. Specifically, Section 506 states that after March 31, 1998, a
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program for exchanging needles and syringes for used hypodermic needles and
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syringes may be carried out in a community if: (1) the Secretary of Health
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and Human Services determines that exchange projects are effective in
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preventing the spread of HIV and do not encourage the use of illegal drugs;
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and (2) the project is operated in accordance with criteria established by the
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Secretary for preventing the spread of HIV and for ensuring that the project
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does not encourage the use of illegal drugs.
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(4) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 507)
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It continues to be the sense of Congress that, to the greatest extent
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practicable, all equipment and products purchased with grant, cooperative
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agreement, or contract funds should be American-made. Individuals convicted
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of intentionally affixing false <20>Made in America<63> labels to products sold in
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or shipped to the United States will be ineligible from receiving any contract
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or subcontract funds made available through this Act.
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(5)ACKNOWLEDGMENT OF FEDERAL FUNDING (Section 508)
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Section 508 mandates that all grantees funded with Federal dollars, in whole
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or in part, acknowledge Federal funding when issuing statements, press
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releases, requests for proposals, bid solicitations and other documents.
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Grantees are required to state (1) the percentage and dollar amounts of the
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total program or project costs financed with Federal money, and (2) the
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percentage and dollar amount of the total costs of the project or program
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financed by nongovernmental sources.
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(6)BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 513)
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Section 513 reinstates the current ban that prohibits NIH from using
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appropriated funds to support human embryo research. Grant, cooperative
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agreement and contract funds may not be used for (1) the creation of a human
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embryo or embryos for research purposes; or (2) research in which a human
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embryo or embryos are destroyed, discarded, or knowingly subjected to risk of
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injury or death greater than that allowed for research on fetuses in utero
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under 45 CFR 46.208(a)(2) and Section 498(b) of the Public Health Service Act
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(42U.S.C.289g(b)). The term <20>human embryo or embryos<6F> includes any organism,
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not protected as a human subject under 45 CFR 46 as of the date of the Act,
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that is 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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(7) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
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SUBSTANCES (Section 514)
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Section 514 prohibits Federal officials from knowingly using appropriated
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funds to support activities that promote the legalization of any drug or other
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substance 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. 812).
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The limitation shall not apply when it is made known to the Federal official
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having authority to obligate or expend such funds that there is significant
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medical evidence of a therapeutic advantage to the use of such drug or other
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substance or that federally sponsored clinical trials are being conducted to
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determine therapeutic advantage.
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INQUIRIES
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For more information concerning this notice or other policies relating to
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grants or contracts, please refer to the Grants Policy portion
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(https://grants.nih.gov/grants/policy/policy.htm) of the NIH Home Page
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(http://www.nih.gov). Appropriate links to related regulations and policies
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will be provided with the copy of this notice when posted. If additional
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questions 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=02-13-98">Return to Volume Index</A>
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<P>
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<A HREF="/grants/guide/YearlyIndex/SelectedYear.cfm?theYear=1998">Return to 1998 Index</A>
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<P>
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<A HREF="/grants/guide/index.html">Return to NIH Guide Main Index</A>
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<font size="-1" face="Arial">National Institutes of Health (NIH)<br>9000 Rockville Pike<br>Bethesda, Maryland 20892</font>
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<font size="-1" face="Arial">Department of Health<br>and Human Services (HHS)</font>
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