Animal Welfare Act

The Animal Welfare Act (Laboratory Animal Welfare Act of 1966, P.L. 89-544) was signed into law by President Lyndon B. Johnson on August 24, 1966.[1] It is the only Federal law in the United States that regulates the treatment of animals in research and exhibition. Other laws, policies, and guidelines may include additional species coverage or specifications for animal care and use, but all refer to the Animal Welfare Act (otherwise known as the "AWA") as the minimally acceptable standard for animal treatment and care. The USDA and APHIS oversee the AWA and the House and Senate Agriculture Committees have primary legislative jurisdiction over the Act. Animals covered under this Act include any live or dead cat, dog, hamster, rabbit, nonhuman primate, guinea pig, and any other warm-blooded animal determined by the Secretary of Agriculture for research, pet use or exhibition.[2]

As enacted in 1966, the AWA required all animal dealers to be registered and licensed as well as liable to monitoring by Federal regulators and suspension of their license if they violate any provisions of the Animal Welfare Act and imprisonment of up to a year accompanied by a fine of $1,000.[1] All facilities covered by the Animal Welfare Act were required to establish a specialized committee that included at least one person trained as a veterinarian and one not affiliated with the facility. Such committees were to regularly assess animal care, treatment, and practices during research, and were required to inspect all animal study areas at least twice a year. The committees were also required to ensure that alternatives to animal use in experimentation would be used whenever possible.

Although hygienic living conditions were necessary for animals not during experimentation to prevent unintentional infection, there were no such provisions against intentionally infecting animal subjects with disease for the purpose of the experiment.

Research facilities are those that use animals for teaching, experimentation, surgery, or testing purposes. Research facilities must be registered, and include state and local government-run research laboratories, universities, and colleges, diagnostic laboratories, and pharmaceutical firms. Federal facilities, elementary and secondary schools, and agricultural research institutions are among those exempt from registration. AWA requires researchers to provide anesthesia or pain-relieving medication to minimize the pain or distress caused by the experiment

Exclusions

There is much debate as to the actual definition of an animal, but for the purpose of AWA, birds, rats, mice, horses, and other farm animals were excluded from its protection as initially legislated in 1966.[1] The most commonly used animals in laboratories are rats and mice, and therefore they were not regulated in the original law. Purpose-bred rats of the genus Rattus and mice of the genus Mus are not covered by the Animal Welfare Act, but are regulated under PHS policy which applies only to research receiving federal funding from certain federal agencies, including the NIH. These are not federal laws but conditions of funding.

Certain conditions are also excluded from coverage by AWA. Animals that are killed prior to usage, such as frogs used in a biology class, are also not included, so long as they are killed humanely.

Facilities that do not receive Federal funding, such as bear armories, were also not covered by the Act.

The act was amended to include all warmblooded animals in 1970.

http://en.wikipedia.org/wiki/Animal_Welfare_Act_of_1966

Sample Test 7

1. Federal Procurement and Federal Assistance can both be used for solely supporting a nonfederal
party in the conduct of a public or private program.
a. True
b. False

2. The overall guiding principle of __________ is to have an acquisition system that can
satisfy customer's needs yet minimize administrative overhead without sacrificing integrity,
fairness, openness and public policy objectives.
a. Federal Commons
b. Grants.gov
c. Egrant
d. FAR
e. None of the above.

3. In order for a contractor to be awarded a federal contract, he must comply with the
provisions set forth by (choose all that apply):
a. Federal Commons
b. Grants.gov
c. FAR
d. Egrant
e. None of the above

4. Which of the following aims at deterring subcontractors from making payments and
contractors from accepting payments for the purpose of improperly obtaining or
rewarding favorable treatment in connection with a prime contract or a subcontract relating
to a prime contract?
a. The Anti-Kickback Act of 1986
b. The Anti-Corruption Act of 1986
c. The Anti-Kickback Act of 1988
d. The Anti-Corruption Act of 1988
e. None of the choices.

5. It is the ___________ that dictate the way in which a contractor must maintain its
accounting system.
a. CAS
b. GASB
c. GSP
d. IAS
e. None of the choices.

6. Which of the following acts would require that certain contracts contain a clause specifying
that no laborer or mechanic doing any part of the work contemplated by the contract would
be required or permitted to work more than a certain number of hours in any workweek?
a. Contract Work Hours and Safety Standards Act
b. Contract Work Safety Act
c. Contract Work Health Standards Act
d. Privacy Act of 1974
e. Freedom of Information Act
f. There is no such act.
g. None of the choices.

7. The Walsh-Healey Public Contracts Act deals with issues on (choose all that apply):
a. minimum wages
b. maximum hours
c. child labor
d. convict labor
e. safe and sanitary working conditions

8. When an agency contracts for the design, development, or operation of a system of records
on individuals on behalf of the agency to accomplish an agency function, the agency must
apply the requirements of which of the following acts?
a. Contract Work Safety Act
b. Contract Work Health Standards Act
c. Privacy Act of 1974
d. Privacy Act of 1978
e. Freedom of Information Act of 1982
f. None of the choices.

9. One may use what kind of clause to require that one party indemnify the other when certain
expenses are incurred?
a. indemnity
b. saving
c. liquidated damage
d. time is of the essence
e. costs are of the essence
f. None of the choices.

10. Which of the following is an important tool you may use to measure and track the flow of
cash into and out of your operation?
a. cash flow statement
b. balance sheet
c. profit account
d. trial balance
e. None of the choices.


ANSWERS:
1. b.; 2. d; 3. c. 4. a;5. a; 6. a; 7. ALL, 8. c; 9. a; 10. a.

Subcontracts and Subawards

Critical Clauses:

• Scope of Work
• Terms of payment
• Copyright, data rights, patent rights
• Indemnity
• Termination
  Special sponsor restrictions
• Sole source

Procurement

Procurement:

• Governed by A-110 (2 CFR 115) and A-21 or A-122 (2 CRF 220)
• Mechanism for procurement:
• Purchase Orders
• Subcontracts
• Consulting Contracts

Procurement: Written Policies and Procedures:

• Cognizant of policies and procedures governing procurement of goods & services
• Familiar with cost principles and procurement procedures described by federal regulations
• Trained in institution's policies and requirements imposed by external sponsors
• Vendor relationships with institution employees reviewed to prevent conflict of interest in selection
• Procedures in place to detect, prevent & report kickbacks as required by Federal regulations

Procurement: OMB Circular A-110A 102 & FARs

• Bid system provides competitive procurement & justification for accepting other than lowest bid
• Criteria for sole-source acquisition
• Policies to encourage procurement from small, minority, disadvantaged and/or women-owned businesses
• Policies to identify debarred/suspended vendors
• Documentation maintained for certified cost or pricing data as applicable
• Documentation maintained indicating that costs analysis was performed as necessary
• System in place to avoid purchase of unnecessarily duplicative equipment
• As appropriate, contracts & agreements for the most frequently purchased items and services are developed to reduce errors in pricing or lost opportunity costs, improve services and reduce re-order cycle times
• Retention of financial and administrative records as regulated by OMB Circulars and FARs
• All records pertinent to an award retained for a period of three years from the date of the final expenditure

Sample Test 6

1. Which of the following is used to prepare a report of federal cash transactions?
a. SF272
b. SF270
c. SF269
d. External Invoices

2. Which of the following is used to prepare quarterly, semi-annual, annual, or end reports? 
a. SF272
b. SF270
c. SF269
d. External Invoices

3. Which of the following is used to request for an advance or reimbursement?
a. SF272
b. SF270
c. SF269
d. External Invoices

4. The federal fiscal year begins:
a. January 1
b. April 15
c. July 1
d. October 1

5. According to OMB Circular A-21, costs incurred prior to the project start date are:
a. unallowable
b. allowable if they are less than 90 days
c. allowable only if approved by OMB
d. allowable only if approved by the sponsoring agency

6. An IRB is required to have at least:
a. 3 members
b. 4 members
c. 5 members
d. 7 members

7. As required an IACUC Committee must contain all but one of the following
a. a Doctor or Veterinary Medicine
b. a practicing scientist experienced in research with animals
c. the Director of the institution's animal care facility
d. a person not affiliated with the institution

8. How often is an ACUC Committee required to meet?
a. once every six months
b. once every twelve months
c. once every three years
d. whenever the required quota of protocol are ready for review

9. Which of the following would serve the purpose of inviting proposals and specifying the
general terms and conditions under which the relevant award can be made?
A. RFP
B. RFQ
C. RFQ
D. BAA
E. BEC
F. None of the choices.

10. Which of the following correctly describes FirstGov?
A. It is a public-private partnership
B. It is a public NGO.
C. It is a private NGO.
D. It is the organization that runs the Federal Commons.
E. None of the choices.

ANSWERS:
1. a.; 2. c.; 3. b.; 4. d; 5. b; 6. c.; 7. c.; 8. a. 9. a.; 10. A.

Sample Test 5

1.  Under a federal contract, which of the following is a reason for termination for default?

a. Untimely performance

b. Budget revision

c. Cost overruns

d. Inadequate performance on another contract

2.  State and local governments are subject to which of the following OMB Circulars?

a. 2 CFR 220 (A-21)

b. A-102

c. 2 CFR 230 (A-122

d. A-133

3. "Just in time" initiatives postpone the submission of which of the following items until a decision to make an award is reached?

a. Full proposal

b. Budget justification

c. Certifications and representations.

d. Research background of principal investigator.

4. The National Institutes of Health requires a written description of a program for providing instruction in the responsible conduct of research for:

 a. program project grants.

 b. competing research project grants.

 c. noncompeting research project grants.

 d. Institutional National Research Service Awards

5. A facilities and administrative cost (indirect cost) may be a direct cost if:

a. it meets the definition of allocable.

b. "unlike circumstances" are present.

c. normally allowable on federal or federal flow-through awards.

d. the award activities are like those generally charged as facilities and administrative costs (indirect costs)

6. Standards for handling radioactive materials are developed and  monitored by the

a. Nuclear Regulatory Commission.

b. Environmental Protection Agency.

c. Centers for Disease Control and Prevention

d. Occupational Safety  and Health Administration.

7. Which of the following is essential to a Chemical Hygiene Plan?
a. Material Safety Data Sheet (MSDS) file

b. Monthly fire and safety drills

c. Public information program

d. Federal Food and Dru Administration inspection

8. In the event of a cost overrun by a subcontractor, who would be held responsible by the funding source?

a. Subcontractor only.

b. Prime contractor only.

c. Project director and subcontractor

d. Project director and prime contractor

9. Which of the following information must be included in the notification by a federal officer to the contractor to terminate a contract for convenience?

a. Signature of program officer

b. The effective date of the contract

c. A citation of the contract clause authorizing the termination

d. a  specific statement defining the reason for the termination notice

10. Cost Accounting Standards (CAS) must be applied to awards

a.  without federal funding

b. received from any funding source

c. for  federal contracts over $500,000.

d. For all federal awards covered by CFR 230 (OMB Circular A-122)

ANSWERS:

1. a;  2. b; 3. c.; 4. d; 5. a; 6. a. 7. a.; 8. d.; 9. c; 10. c.

Copeland "Anti-Kickback" Act

 (18 U.S.C.874 and 40 U.S.C 276c).  All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subconractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").

The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the contraction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.