Dear Colleagues:
Below is a summary of recent NIH Guide Notices. Please review the notices and forward it to faculty, researchers, and staff, as appropriate. Questions regarding the notices should be directed to your Federal Contract and Grant Officer.
NOT-OD-25-080
The purpose of this Notice is to rescind the Final Scientific Integrity Policy of the National Institutes of Health (NIH), issued under NOT-OD-24-178, to ensure alignment with the Administration’s priorities. The NIH remains committed to upholding the principles of scientific integrity and has multiple interlocking policies that support and promote scientific integrity across the agency, including policies on research misconduct, authorship, human and animal subject protections, and data management and sharing, which will continue. This Notice only applies to the Final Scientific Integrity Policy of the NIH and not to any policies cited therein. Additionally, the NIH will adhere to the HHS Scientific Integrity Policy to advance scientific integrity goals.
NOT-OD-25-081
Artificial intelligence (AI) tools and applications are proving to be transformative for driving new biomedical research advances. While development and use of generative AI is becoming increasingly prevalent, NIH urges the research community to remain vigilant of potential risks of inadvertent data disclosure when sharing AI tools and applications. Specifically, NIH reminds researchers that:
· The Genomic Data Sharing (GDS) Policy and the subsequent Data Use Certification (DUC) Agreement prohibit users from distributing controlled-access data (including genomic or associated data) or their Data Derivatives to any entity or individual not identified in their Data Access Request without appropriate written approvals from the NIH. Sharing, retaining, or training generative AI models using controlled-access human genomic data may risk disclosing controlled-access data and, thus, violates the Non-Transferability provision of the DUC.
· The GDS Policy and the Genomic Data User Code of Conduct state that sharing controlled-access data with public generative AI tools (e.g., third party tools) via prompts or other user interfaces is in violation of the provision on Non-Transferability, and by extension, the DUC. Similarly, Developers requesting access to controlled-access data for developer work, as defined in NOT-OD-24-157, are bound by the Non-Transferability provision in the Developer Terms of access.
Additionally, NIH considers generative AI models, including model parameters, developed by Approved Users of controlled-access data to constitute Data Derivatives as defined in the DUC provision 14. Definitions. NIH intends to provide future guidance on the responsible use and sharing of generative AI models and controlled-access data. Until that guidance is issued, as described in the DUC, Approved Users of controlled-access data may continue to develop generative AI models using the controlled-access data so long as the use is approved by NIH, but (1) may not share the model, including model parameters, except with collaborators who are also Approved Users and (2) may not retain the generative AI model, including model parameters, upon closeout of the project as instructed in provision 13. Termination and Data Destruction of the DUC. Approved Users may request to renew any expiring projects in order to continue using generative AI models until further guidance is issued.
For additional information on using controlled-access data responsibly, see the principles described in Using Genomic Data Responsibly Under the NIH Genomic Data Sharing Policy and the AI in Research: Policy Considerations and Guidance.
NOT-OD-25-084
The Department of Health and Human Services (HHS), including National Institutes of Health (NIH), operates under the Full-Year Continuing Appropriations and Extensions Act, 2025 (Public Law 119-4) signed by President Trump on March 15, 2025. This Act (CR) continues government operations through September 30, 2025, at the Fiscal Year (FY) 2024 enacted level, with no reduction.
Consistent with NIH practices during FYs 2006 – 2024, NIH Institutes and/or Centers may, at their discretion, issue non-competing research grant awards at a level below that indicated on the most recent Notice of Award. All legislative mandates that were in effect in FY 2024 (see NOT-OD-24-110) remain in effect under this CR, as well as the salary limitation set at Executive Level II of the Federal Pay Scale (see NOT-OD-24-057) and the Ruth L. Kirschstein National Research Service Award predoctoral and postdoctoral stipend levels and tuition/fees as described in NOT-OD-24-104.
NOT-OD-25-085
This Notice provides information regarding the salary limitation for NIH grant and cooperative agreement awards and extramural research and development contract awards.
Since 1990, Congress has legislatively mandated a limitation on salary for individuals under NIH grant and cooperative agreement awards (referred to here as a grant).
As a reminder, effective October 1, 2024, this mandate applies to both direct salaries (individuals working directly on NIH projects) and indirect salaries (executive salaries in various uncapped cost pools). The mandate appears in the annual appropriation act that provides authority for NIH to incur obligations for a given Fiscal Year (FY). HHS/NIH has not received an FY 2025 appropriation and is operating under a Continuing Resolution, the “Full-Year Continuing Appropriations and Extensions Act, 2025 (Public Law 119-4)”, that applies the terms and conditions of the Consolidated Appropriations Act, 2024.
The Consolidated Appropriations Act, 2024 restricts the amount of salary to Executive Level II of the Federal Executive pay scale. The Office of Personnel Management recently released new salary levels for the Executive Pay Scale. Effective January 1, 2025, the salary limitation for Executive Level II is $225,700.
For active awards, including awards that have been issued in FY 2025 (continuation and new) that were restricted to Executive Level II, if adequate funds are available, and if the salary cap increase is consistent with the institutional base salary, recipients may rebudget funds to accommodate the current Executive Level II salary level. Recipients may not draw down funds, whether direct or indirect costs, to pay salaries above the salary rate limitation, and recipients must have established policies and procedures that are consistently applied regardless of the source of funds.
Thank you,
Paul
Paul Lekutai
Director, Federal and Non-Federal Sponsored Projects
Sponsored Projects Administration
University of California, Irvine
Irvine, CA 92697-7600
