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<TITLE>NOT-OD-04-009: PUBLICATION OF THE REVISED NIH GRANTS POLICY STATEMENT (REV. 12/03): POLICY CHANGES, CLARIFICATIONS, AND ENHANCEMENTS</TITLE>
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PUBLICATION OF THE REVISED NIH GRANTS POLICY STATEMENT (REV. 12/03):
POLICY CHANGES, CLARIFICATIONS, AND ENHANCEMENTS
RELEASE DATE: November 26, 2003
NOTICE: NOT-OD-04-009
National Institutes of Health
(<a href="http://www.nih.gov">http://www.nih.gov</A>)
The National Institutes of Health (NIH) is pleased to announce the
publication of the revised NIH Grants Policy Statement (NIHGPS, rev.
12/03). The NIHGPS (12/03) is applicable to all NIH grants and
cooperative agreements with budget periods beginning on or after
December 1, 2003. This revision supersedes, in its entirety, the NIH
Grants Policy Statement (03/01) as a standard term and condition of
award. However, the March 2001 NIHGPS continues to be the standard
term and condition for all NIH grants and cooperative agreements with
budget periods that began between March 1, 2001 and November 30, 2003.
The NIHGPS provides both up-to-date policy guidance that serve as NIH
standard terms and conditions of awards for grants and cooperative
agreements, and extensive guidance to individuals that are interested
in NIH grants.
The NIHGPS (rev. 12/03) incorporates NIH policy changes since March
2001, public policy changes, policy clarifications, as well as document
enhancements. Sections of the revised policy statement have been
rewritten to provide clarity; however, the overall policies in these
sections have not changed. The document is available in the following
electronic formats: HTML and PDF
<a href="http://grants.nih.gov/grants/policy/nihgps_2003/index.htm">http://grants.nih.gov/grants/policy/nihgps_2003/index.htm</A>. Links to
the 10/98 and 3/01 NIHGPS will remain the same.
NIH will publish interim grants policy changes through the issuance of
NIH Guide Notices. Each change will be described, including its
applicability and effective date; and the necessary language to
implement it as a term or condition of award provided.
Policy changes that are implemented with the 12/03 NIHGPS include:
o Closely related work: the option for grantees to pursue prior
approval to account for multiple projects under a single cost objective
has been eliminated. NIH will now apply the relatedness provision of
OMB Circular A-21 (C., 4., d., (3))to all NIH recipients which states
if a specific cost can not be reasonably allocated to a specific
project; it can be charged to any of the benefiting projects on any
reasonable basis.
o Cost transfers: policy now states that transfers of costs from one
project to another or from one competitive segment to the next solely
to cover cost overruns are unallowable.
o Cost overruns: included a definition to the glossary that states:
"Any amount charged in access of the Federal share of costs for the
project period (competitive segment)."
Below are examples of NIH policy changes that have occurred since March
2001. Please note that the list below should not be considered all-
inclusive; therefore, please refer to the NIH Guide for Grants and
Contracts for details on other changes since March 2001
<a href="http://grants.nih.gov/grants/policy/notices.htm">http://grants.nih.gov/grants/policy/notices.htm</A>.
o Expanded Authorities: Application of expanded authorities as a
standard term and condition to all NIH awards.
o Examples of the latest changes in the application submission
policies:
o NIH will continue to accept no more than two revised
applications after the submission of the original
application; however, the two year limitation has been
eliminated;
o Resubmission of Application policy changed to allow
grantees to resubmit unfunded applications as new
applications in the following instances: 1) unsuccessful
applications for an RFA can be resubmitted as a new
investigator-initiated application 2) previously
unsuccessful investigator-initiated applications can be
resubmitted in response to an RFA as a new application, and
3) unfunded applications that are reviewed for one research
grant mechanism may be resubmitted for a different grant
mechanism and should be prepared as a new application.
o Data Sharing: Implementation of the NIH data-sharing policy.
o Just-in-Time procedures: Expanded to include option to submit IACUC
approval.
o NRSA Section Highlights:
o In accordance with the amendment of the Public Health
Service Act, NIH renamed the National Research Service
Awards to the Ruth L. Kirschstein National Research Service
Awards;
o Includes the regulatory changes of NRSA part-time training;
o Audit: Threshold for A-133 audits has increased from $300,000 to
$500,000 for fiscal years ending on or after 12/31/2003.
Public Policy Changes that are discussed in the 12/03 NIHGPS:
o Stem Cell Research
o USA PATRIOT Act
o Public Health Security and Bioterrorism Preparedness and Response Act
of 2002
o HIPAA Privacy Rule
Policy Clarifications since March 2001:
o Clinical Practice Compensation (Institutional Base Salary):
Compensation may be considered in the institutional base salary as long
as all criteria are met: 1) clinical practice must be guaranteed by the
university, 2) clinical practice must be reported on the university's
appointment form and paid by the university, and 3) clinical practice
effort must be included and accounted for in the university's effort
reporting.
o Key Personnel: Expanded definition to describe the contribution of
key personnel as "measurable" whether or not salaries are requested.
Zero percent effort and "as needed" are not acceptable for individuals
that the grantee identifies as key personnel.
o PI Eligibility: Elaborated on eligibility criteria for certain
mechanisms/programs, no change in policy.
o A discussion on the unallowability of patent costs has been added to
the NIHGPS. The policy now states that Invention, Patent, or Licensing
Costs are unallowable as either direct or F&A costs because the
creation of intellectual property is not a requirement of NIH grant
awards. Such costs include licensing or option fees, attorney's fees
for preparing or submitting patent application, patent maintenance, or
recordation of patent-related information.
o Consortium Written Agreements: Outlined that it is the responsibility
of the grantees to include applicable requirements of the policy
statement in their written agreements and highlighted that agreements
must also include a reference to the financial conflict of interest
policy, intellectual property, and data sharing requirements.
Document Enhancements:
o NIH Grants Policy Statement and the PHS 398 application glossaries
have been merged, where appropriate.
o Other Support Policy: Previously located in the PHS 398 application
has been included in the NIH Grants Policy Statement.
o Glossary included in a table format.
o Select Items of Cost section included in a table format.
o Bayh-Dole Inventions reporting requirements are now included in a
table format.
o Cross Referencing Roles with eRA: NIH Grants Policy Statement role
titles have been cross-referenced with the NIH eRA role titles, e.g.:
authorized organizational official (also known as the signing
official).
o Abbreviations and acronyms: are used throughout the policy statement
without parenthetical; therefore, readers should refer to the master
list to identify unfamiliar terms abbreviations and/or acronyms.
o Index included.
ADDITIONAL INQUIRIES
Additional questions about the NIHGPS may be directed to the NIH
Division of Grants Policy at (301) 435-0949 or the Grants Management
Specialist that is identified on the NIH Notice of Grant Award.
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