NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATEDFISCAL YEAR 1997 APPROPRIATIONS ACT, P.L. 104-208, SIGNED SEPTEMBER

30, 1996

 

NIH GUIDE, Volume 26, Number 4, February 7, 1997

 

P.T. 36



Keywords:

  Grants Administration/Policy+ 

 

National Institutes of Health

 

The purpose of this notice is to provide information on the following

statutory provisions that limit the use of National Institutes of

Health (NIH) grant, cooperative agreement, and contract awards:

 

(1)  Continued Salary Limitation (Section 205)

(2)  Anti-Lobbying (Section 503)

(3)  Purchase of American-Made Equipment and Products (Section 506)

(4)  Acknowledgment of Federal Funding (Section 507)

(5)  Continued Ban on Funding of Human Embryo Research (Section 512)

(6)  ROTC Access and Federal Military Recruiting on Campus (Section

514)

 

(1) CONTINUED SALARY LIMITATION (Section 205)

 

None of the FY 1997 appropriated funds for the National Institutes of

Health (NIH) and the Substance Abuse and Mental Health Services

Administration shall be used to pay the salary of an individual,

through grant, cooperative agreement, or contract, at a rate in

excess of $125,000 per year.  The information contained in NIH Guide

Vol. 24, No.2, January 20, 1995, remains in effect for FY 1997

awards.  Applications and proposals with direct salaries for

individuals in excess of $125,000 per year will be adjusted in

accordance with the legislative salary limitation.

 

(2) ANTI-LOBBYING (Section 503)

 

Language in this Act contains Anti-Lobbying provisions prohibiting

the use of appropriated funds to pay the salary or expenses of any

grant, cooperative agreement, 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.  The FY 1997 Appropriations Act specifically

extends the prohibition on the use of grant, cooperative agreement

and contract funds for lobbying any State legislature.

 

(3) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 506)

 

It continues to be the sense of Congress that, to the greatest extent

practicable, all equipment and products purchased with grant,

cooperative agreement, or contract funds should be American-made.

 

(4) ACKNOWLEDGMENT OF FEDERAL FUNDING (Section 507)

 

Section 507 mandates that all grantees funded with Federal dollars,

in whole or in part, acknowledge Federal funding when issuing

statements, press releases, requests for proposals, bid solicitations

and other documents.  Grantees are required to state (1) the

percentage and dollar amounts of the total program or project costs

financed with Federal money, and (2) the percentage and dollar amount

of the total costs financed by nongovernmental sources.

 

This requirement is in addition to the continuing requirement to

provide an acknowledgment of support and disclaimer on any

publication reporting the results of a grant supported activity (PHS

GPS p. 8-15).

 

(5) CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 512)

 

The FY 1997 Appropriations Act contains language identical to that

contained in the FY 1996 Balanced Budget Downpayment Acts I (P.L.

104-99) that prohibits NIH from using appropriated funds to support

human embryo research.  Grant, cooperative agreement and contract

funds may not be used for (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)).  The term ~human

embryo or embryos~ include any organism, not protected as a human

subject under 45 CFR 46 as of the date of the Act, that is derived by

fertilization, parthenogenesis, cloning, or any other means from one

or more human gametes.

 

(6) ROTC ACCESS AND FEDERAL MILITARY RECRUITING ON CAMPUS (Section

514)

 

Section 514 of the Appropriations Act prohibits NIH from providing

grant, cooperative agreement and contract funds to educational

institutions that the Secretary of Defense determines have a policy

or practice (regardless of when implemented) that either prohibits,

or in effect prevents (1) the maintaining, establishing, or operation

of a unit of the Senior Reserve Officer Training Corps at the covered

education entity; or (2) a student at the covered educational entity

from enrolling in a unit of the Senior Reserve Officer Training Corps

at another institution of higher education.

 

Under the same section, NIH funding is denied to educational

institutions that have a policy or practice that prohibits or

prevents (1) entry to campuses, or access to students (who are 17

years of age or older) on campuses, for purposes of Federal military

recruiting; or (2) access by military recruiters for purposes of

Federal military recruiting to information pertaining to students

(who are 17 years of age or older) enrolled at the covered

educational entity.

 

These provisions will take effect upon the expiration of the 180-day

period beginning on the date of the enactment of the Appropriations

Act, by which date the Secretary of Defense shall have published

final regulations in consultation with the Secretary of Education to

carry out this section.

 

INQUIRIES

 

For more information concerning this notice or other policies

relating to grants or contracts, refer to the Office of Extramural

Research (OER) portion (http://grants.nih.gov/grants/oer.htm) of the NIH

Home Page (http://www.nih.gov).  Appropriate links to related

regulations and policies have been provided with the copy of this

notice published on the OER portion of the NIH Home Page.  If

additional questions remain, contact your awarding grants or

contracts management office in the NIH Institutes and Centers.

 

.


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