Notice Number: NOT-OD-08-041
Release Date: February 11, 2008
National Institutes of Health (NIH), (http://www.nih.gov/)
The Consolidated Appropriations Act, 2008 (P.L. 110-161) provides funding to NIH for the remainder of FY2008. 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 FY2008. The Notice of Legislative Mandates for FY 2007 was published on February 22, 2007, NIH Guide Notice NOT-OD-07-050.
New legislative mandates for FY 2008:
(1) NIH Public Access Requirement (Section 218)
“The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, that the NIH shall implement the policy in a manner consistent with copyright law.”
Further information on the implementation of NIH’s Public Access Requirement is available in NIH Guide Notice NOT-OD-08-033 published on January 11, 2008.
(2) Dissemination of False or Deliberately Misleading Scientific Information (Section 517b).
“None of the funds made available in this Act may be used to disseminate scientific information that is deliberately false or misleading.”
While this mandate has not been included in past appropriations acts, it is similar to existing requirements concerning research integrity, fraud and false claims, and as such, NIH does not expect this new requirement to significantly impact the business practices at most institutions. Grantees are advised to review their implementation of the PHS Policies on Research Misconduct contained in 42 CFR Part 93 and the Civil False Claims Act (31 U.S.C. 3729(a)), Criminal False Claims Act (18 U.S.C. 287 and 1001), and Program Fraud and Civil Remedies Act (31 U.S.C. 3801 et seq.) requirements highlighted in Part I of the NIH Grants Policy Statement.
(3) Restriction on Employment of Unauthorized Alien Workers (Section 520)
“None of the funds in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act.”
While this mandate has not been included in past appropriations acts, it is similar to existing requirements contained in the Immigration and Nationality Act (18 U.S.C. 1324a), and as such, NIH does not expect this new requirement to significantly impact the business practices at most institutions. Grantees are advised to review their current hiring and employment practices to ensure compliance..
FY 2007 Legislative Mandates that remain in effect are as follows:
(1) Continued Salary Limitation (Section 203)
(2) Anti-Lobbying (Section 503)
(3) Restriction on Distribution of Sterile Needles (Section 505)
(4) Acknowledgment of Federal Funding (Section 506)
(5) Restriction on Abortions (Section 507)
(6) Ban on Funding Human Embryo Research (Section 509)
(7) Limitation on Use of Funds for Promotion of Legalization of Controlled Substances (Section 510)
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.
Weekly TOC for this Announcement
NIH Funding Opportunities and Notices
Office of Extramural
National Institutes of Health (NIH)
9000 Rockville Pike
Bethesda, Maryland 20892
Department of Health
and Human Services (HHS)
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