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NATIONAL INSTITUTES OF HEALTH (NIH)
Background
Research environments free from harassment, bullying, retaliation, and other hostile working conditions are fundamental to the conduct of NIH-supported biomedical studies. These conditions enable trainees, staff, and collaborators to work effectively while preserving scientific integrity, protecting the biomedical research workforce, and ensuring the responsible stewardship of public funds. Accordingly, maintaining a safe, respectful, and professional workplace is a mandatory condition of every NIH award (see NIH Grants Policy Statement (NIH GPS), Section 4).
The Consolidated Appropriations Act, 2026 (Public Law 119-75), signed into law on February 3, 2026, included important updates related to handling investigations undertaken due to concerns about harassment, bullying, retaliation, or hostile working conditions involving senior/key personnel on NIH awards. These requirements were incorporated in the FY 2026 NIHGPS, Section 8.1.2.6).
The purpose of this notice is to ensure that the extramural community is aware of these updated requirements.
Policy
Since 2020, the NIH GPS has outlined that prior approval requests for changes to senior/key personnel on NIH grants should include mention as to whether change(s) in Program Director/Principal Investigator (PD/PI) or senior/key personnel are related to concerns about safety and/or work environments (harassment, bullying, retaliation, or hostile working conditions). NIH recipient institutions are required to notify NIH when individuals identified as PD/PI or other senior/key personnel in an NIH notice of award (NoA) are removed from their position or are otherwise disciplined by the recipient institution due to concerns about harassment, bullying, retaliation or hostile working conditions. Notification must be provided by the Authorized Organization Representative within 30 days of the removal or disciplinary action and must be submitted to NIH through the dedicated web form, Inform NIH About Harassment or Discrimination Concerns.
Beginning in FY2026, the following additional requirements and authorities apply:
As noted in the updated policy, an individual's separation from the institution - through resignation, termination, or non-renewal - does not, by itself, end the institution's obligation to investigate, reach findings, and document conclusions regarding possible misconduct that occurred during NIH-funded activities. Therefore, the recipient must not only initiate the investigation but also complete it if the respondent is no longer with the institution. Therefore, the departure of the respondent does not end the institution's obligation to complete an investigation, reach findings, and document conclusions regarding harassment, bullying, retaliation, or hostile working conditions that occurred during the conduct of NIH-funded activities.
NIH's role in this framework is not to make or review employment decisions, but to exercise its oversight responsibilities for NIH-funded research. NIH will not support research performed in environments that tolerate misconduct and expose individuals to hostile working conditions.
Consistent with this role and the authorities provided in the Act, NIH may share relevant information with other NIH funded grant recipients on a need-to-know basis when necessary to evaluate a funding decision, assess risk, impose appropriate award conditions, or protect NIH-funded personnel and research activities. Such information sharing is in accordance with applicable privacy, confidentiality, and due process requirements.
Please direct all inquiries to:
Office of Policy for Extramural Research Administration