I have recently become aware of some NIH boilerplate language included in Funding Opportunity Announcements which seemingly undercuts the intent of such FOA to promote diversity and equity of opportunity in the NIH-funded extramural grant portfolio. It is an emphasis that says NIH does not use race, ethnicity or sex in the review of applications or in the selection of proposals for funding, despite other language in the same FOA which would imply that they plan to do just that.

I noted this emphasis in the prior post on the newly issued PAS-25-190 Research Opportunities for New and “At-Risk” Investigators to Promote Workforce Diversity. This language did not appear in the PAR-22-185 version of the FOA.

Program Considerations: Consistent with existing NIH practices and applicable law: (1) applicant organizations and awardees may not use the race, ethnicity, or sex (including gender identity, sexual orientation, or transgender status) of a researcher as an eligibility or selection criteria to participate in this program, and (2) NIH does not use the race, ethnicity or sex of a candidate researcher or participating researcher in the application review process or funding decisions.  Applicant organizations are encouraged to consult with their General Counsel to ensure all applicable laws are being followed in program design and implementation.

I was curious if this is showing up elsewhere so I went googling.

It appears in:

• PAR-24-224 Maximizing Opportunities for Scientific and Academic Independent Careers (MOSAIC) Organizational Research Education Award to Promote Diversity UE5 mechanism to support educational activities for MOSAIC K99/R00 scholars 
• PAR-24-138 Maximizing Access to Research Careers (MARC) (T34) undergraduate training grant.
• PAR-24-190 Maximizing Opportunities for Scientific and Academic Independent Careers (MOSAIC) Postdoctoral Career Transition Award to Promote Diversity (K99/R00)
• PA-24-255 Administrative Supplements to Promote Diversity in Research and Development Small Businesses – SBIR/STTR
• NIGMS webpage on Broadening Participation in Training Programs

ETA:

• RFA-MD-25-001 NIMHD Minority Health and Health Disparities Research Training (MHRT) Program (T37)
• PAR-25-084 Advancing Research Careers (ARC) Predoctoral to Postdoctoral Transition Award to Promote Broad Participation (F99/K00)

Similar language also undercuts any of the FOAs which require a Plan for Enhancing Diverse Perspectives (PEDP)*, which are described as being “assessed as part of the scientific and technical peer review evaluation” but then include language such as:

Assessment of applications containing a PEDP are based on the scientific and technical merit of the proposed project. Consistent with federal law, the race, ethnicity, or sex (including gender identify, sexual orientation, or transgender status) of a researcher, award participant, or trainee will not be considered during the application review process or when making funding decisions. Applications that fail to include a PEDP will be considered incomplete and will be administratively withdrawn before review.

Examples include:

• RFA-DA-26-009 Mitochondrial-associated Mechanisms of Neuropathological and Immunodeficient Aging in the Context of HIV and SUD (R01).
• RFA-AI-24-045 Promoting Innovative Research in Treponema pallidum Pathogenesis (R21)

You will note that many, if not all of these FOA, either re-state or reference the NIH’s Interest in Diversity Notice NOT-OD-20-031. This latter says nothing about race, ethnicity or sex not being used in review or funding decisions. I think it is a good bet this Interest in Diversity will be updated soon, if not rescinded without replacement.

I just did a quick Google search on key parts of this boilerplate but I think it is pretty clear that it all started appearing somewhere in FY24 announcements. And some time after the FY23 FOA were issued. The language just appeared in PAS-25-190 after the directly prior PAR-22-181 failed to include such specification. The language does not appear in the MOSAIC K99/R00 PAR-21-271 FOA, but is in the re-issue PAR-24-225.

*The NIH webpage on preparing a PEDP is hilariously** instructional about the workarounds that are necessary to try to permit the pursuit of diversity, equity and inclusion goals by indirect means while pretending not to select “based on race, ethnicity or sex”.

**read: dismayingly