NIH Guidance under the FY 2010 Continuing Resolution—Additional Prohibition on Use of Funds

Notice Number: NOT-OD-10-024

Key Dates
Release Date: December 3, 2009

Issued by
National Institutes of Health (NIH), (

The Department of Health and Human Services (HHS) continues to operate on a continuing resolution (CR) which currently extends through December 18, 2009. See NIH Guide for Grants and Contracts notice NOT-OD-10-012.

Title IV, Section 427 of the current CR provides that “none of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.”

This prohibition, also contained in the first CR for FY2010 (Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Public Law 111-68), applies not only to a direct recipient of Federal funds but also to a subrecipient (e.g., a subcontractor, subgrantee, or contractor of a grantee). Grantees must notify the grants management or contracts management office in the appropriate NIH Institute or Center of any existing subgrants, subcontracts, consortiums or other subrecipient agreements with ACORN or its affiliates and of how the grantee or contractor is planning to comply with the prohibition with respect to those subgrants, subcontracts or subrecipient agreements.

A copy of the OMB guidance document is at

NIH will keep the extramural community informed of any changes regarding this statutory provision and provide further guidance, as necessary.


Questions concerning this notice or other policies relating to grants or contracts should be directed to the grants management or contracts management office in the appropriate NIH Institute or Center.

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