NOT-OD-10-081: Guidance on Confirming Appropriate Charges to NIH Awards during Periods of Noncompliance for Activities Involving Animals

Guidance on Confirming Appropriate Charges to NIH Awards during Periods of Noncompliance for Activities Involving Animals

Notice Number: NOT-OD-10-081

Key Dates
Release Date: April 15, 2010

Issued by
Office of Laboratory Animal Welfare (OLAW), (http://olaw.nih.gov/), Office of Extramural Research

Other Relevant Notices

January 26, 2007 See NOT-OD-07-044, NIH Policy on Allowable Costs for Grant Activities Involving Animals when Terms and Conditions are not Upheld
February 24, 2005 See NOT-OD-05-034, Guidance on Prompt Reporting to OLAW under the PHS Policy on Humane Care and Use of Laboratory Animals

Purpose

This Notice provides additional clarification in reference to Notice NOT-OD-07-044 regarding the grantee’s responsibilities when animal activities have been conducted which do not meet the terms and conditions of grant award.

Background

As previously noted in Notice NOT-OD-07-044, the Office of Management and Budget Cost Principles and the NIH Grants Policy Statement (NIHGPS) do not permit charges to grant awards for the conduct of live vertebrate animal activities during periods of time that the terms and conditions of the NIHGPS are not upheld. Specific situations under which charges are not allowable are:

The conduct of animal activities in the absence of a valid Animal Welfare Assurance on file with OLAW.

The conduct of animal activities in the absence of a valid Institutional Animal Care and Use Committee (IACUC) approval of the activity. Absence of IACUC approval includes failure to obtain IACUC approval, expiration, or suspension of IACUC approval.

Institutions are required to report such situations to the Institute/Center (IC) supporting the award and to OLAW. In cases where charges have been made for unauthorized animal activities, appropriate adjustments must be made to the grant to remove those charges. Consultation with the IC is encouraged regarding questions concerning allowable costs. Funding components may allow expenditure of NIH grant funds for maintenance and care of animals on a case-by-case basis.

Policy

Grantees reporting instances of serious noncompliance with section IV.F.3 of the Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy) consisting of any of the aforementioned situations are to provide a certification that no unallowable costs were charged to NIH grant funds during a period of noncompliance. If such a certification cannot be made, a detailed accounting of unallowable charges made to each affected grant should be included with the report. If a detailed accounting has not been completed at the time of reporting, a date when it will be provided should be included. See NOT-OD-05-034, Guidance on Prompt Reporting to OLAW under the PHS Policy on Humane Care and Use of Laboratory Animals, for additional guidance on reporting requirements.

Inquiries

For questions or further information, contact:

Office of Laboratory Animal Welfare
Division of Compliance Oversight
National Institutes of Health
Rockledge 1, Suite 360, MSC 7982
6705 Rockledge Drive
Bethesda, MD 20892-7982
phone: 301-496-7163
fax: 301-915-9466
e-mail: [email protected]
web: http://olaw.nih.gov/