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<html lang="en-US">
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<TITLE>NIH Guide: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999, P.L. 105-277; SIGNED OCTOBER 21, 1998</TITLE>
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<META NAME="Title" CONTENT="NIH Guide: NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED AND
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EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999, P.L. 105-277; SIGNED OCTOBER 21, 1998">
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<META NAME="Filename" CONTENT="not98-185.html">
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<META NAME="Location" CONTENT="/grants/guide/notice-files/">
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<META NAME="Publication_Date" CONTENT="December 24, 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 AND
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EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999, P.L. 105-277;
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SIGNED OCTOBER 21, 1998
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Release Date: December 22, 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)
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(4) Purchase of American-Made Equipment and Products (Section 506)
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(5) Acknowledgement of Federal Funding (Section 507)
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(6) Ban on Funding of Human Embryo Research (Section 511)
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(7) Limitation on Use of Funds for Promotion of Legalization of Controlled
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Substances (Section 512)
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(1) CONTINUED SALARY LIMITATION (Section 204)
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None of the funds appropriated in this Act for the National Institutes of
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Health and the Substance Abuse and Mental Health Services Administration shall
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be used to pay the salary of an individual, through a grant or other
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extramural mechanism, at a rate in excess of Executive Level III of the
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Federal Executive Pay Scale, ($125,900) per year. Please reference related
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information in this issue of the NIH Guide. Applications and proposals with
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direct salaries for individuals in excess of $125,900 (the current Executive
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Level III) per year will be adjusted in accordance with the legislative salary
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limitation.
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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 than
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for normal and recognized executive-legislative relationships, for publicity
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or propaganda purposes, for the preparation, distribution, or use of any kit,
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pamphlet, booklet, publication, radio, television, or video presentation
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designed to support or defeat legislation pending before the Congress or any
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State legislature, except in presentation to the Congress or any State
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legislature itself. In addition, no part of any appropriation contained in
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this Act shall be used to pay the salary or expenses of any grant or contract
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recipient, or agent acting for such recipient, related to any activity
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designed to influence legislation or appropriations pending before the
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Congress or any State legislature.
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(3) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505)
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Notwithstanding any other provision of this Act, no funds appropriated under
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this Act shall be used to carry out any program of distributing sterile
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needles or syringes for the hypodermic injection of any illegal drug.
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(4) 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 practicable, all
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equipment and products purchased with funds made available in this Act should
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be American-made. In providing financial assistance to, or entering into any
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contract with, any entity using funds made available in this Act, the head of
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each Federal agency, to the greatest extent practicable, shall provide to such
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entity a notice describing this requirement. If it has been finally
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determined by a court or Federal agency that any person intentionally affixed
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a label bearing a "Made in America" inscription, or any inscription with the
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same meaning, to any product sold in or shipped to the United States that is
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not made in the United States, the person shall be ineligible to receive any
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contract or subcontract made with funds made available in this Act, pursuant
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to the debarment, suspension, and ineligibility procedures described in
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sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
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(5) 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 funded in
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whole or in part with Federal money, all grantees receiving Federal funds
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included in this Act, including but not limited to State and local governments
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and recipients of Federal research grants, shall clearly state: (1) the
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percentage of the total costs of the program or project which will be financed
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with Federal money; (2) the dollar amount of Federal funds for the project or
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program; and (3) percentage and dollar amount of the total costs of the
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project or program that will be financed by non-governmental sources.
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(6) BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 511)
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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, 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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(42 U.S.C. 289g(b)). For purposes of this section, the term "human embryo or
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embryos" includes any organism, not protected as a human subject under 45 CFR
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46 as of the date of the enactment of this Act, that is derived by
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fertilization, parthenogenesis, cloning, or any other means from one or more
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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 512)
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None of the funds made available in this Act may be used for any activity that
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promotes the legalization of any drug or other substance included in schedule
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I of the schedules of controlled substances established by section 202 of the
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Controlled Substances Act (21 U.S.C. 812). The limitation above shall not
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apply when there is significant medical evidence of a therapeutic advantage to
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the use of such drug or other substance or that federally sponsored clinical
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trials are being conducted to determine therapeutic advantage.
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INQUIRIES
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For more information concerning policies relating to grants, please visit
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<a href="/grants/policy/policy.htm">https://grants.nih.gov/grants/policy/policy.htm</a>, which is the Grants Policy
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portion of the NIH Home Page <a href="http://www.nih.gov">http://www.nih.gov</a>. For information on contract
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policy, please visit <a href="http://ocm.od.nih.gov/contracts/contract.htm">http://ocm.od.nih.gov/contracts/contract.htm</a>.
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Appropriate links to related regulations and policies will be provided with
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the copy of this notice when posted. If additional questions remain, please
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contact your awarding grants or contracts management office in the NIH
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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=12-24-98">Return to Volume 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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