Statement of Administration Policy: H.R. 2507 - National Institutes of Health Revitalization Amendments of 1991

(SENT House Rules 7/24/91 and House 7/25/91)
(House Rules)
(Waxman (D) CA)

The Administration is strongly committed to the biomedical research endeavors of the National Institutes of Health (NIH). The Administration urges Congress to enact a simple extension of appropriation authorizations for NIH. H.R. 2507 is unacceptable, and if it were presented to the President in its current form, his senior advisers would recommend a veto.

H.R. 2507 is objectionable because it would permit federally funded research endeavors to use fetal tissue from induced abortions. The bill would broaden current policy that allows federally funded research endeavors to use fetal tissue from spontaneous abortions to use tissues from induced abortions as well. This would create a rationale for continuing the practice of aborting fetuses except where the life of the mother is endangered.

Other major objectionable provisions include:

—   The bill would allow unwarranted and unwise intrusions into the authority of the Secretary of Health and Human Services and is too directive in its effort to expand certain research programs. It would impose activities and a number of advisory committees on NIH that are costly, unnecessary, and indeed duplicate existing efforts in some cases.

—   The bill would also dictate to the Secretary of Health and Human Services the membership of the "ethics board" used to make decisions regarding the implications of the research conducted by NIH. The Administration believes that this mandate is unconstitutional as it violates the Appointments Clause, U.S. Const., Art. II, sec. 2.

—   The bill contains provisions relating to payments for administrative overhead under the National Institutes of Health research programs. These provisions are unnecessary at this time because abuses are being addressed administratively.

The Administration has published for comment revisions to OMB Circular A-21 (Cost Principles for Educational Institutions) that would, among other things, clearly rule out reimbursement for a wide variety of abuses not clearly prohibited by the current Circular and cap administrative costs at 26 percent. OMB has, in addition, established a Task Force to review the overall Circular A-21 mechanism and develop cost accounting standards for Federal research grants and contracts. Legislative remedies should await the conclusion of this effort.

—   The bill would authorize appropriation levels for various programs and certain institutes at NIH that are in excess of the President's FY 1992 Budget and would create unnecessary time-limited authorities for two NIH components.