NIH Appeals Block on Rate Change Proposal

The National Institutes of Health appealed a federal judge’s order blocking the Trump administration’s attempt to cut funding for indirect research costs.

The agency first announced its plan to cap reimbursements for indirect expenses at 15 percent of the overall grant value in early February, saying that it would ensure more funds went straight toward “direct scientific research costs.” But there was immediate pushback as university faculty members, academic associations and administrators alike said the cap would force institutions to increase tuition for students or cut back on the breadth of research.

Since then, three separate lawsuits have been filed against the NIH in the federal district court of Massachusetts by academic associations, medical colleges and state attorneys general, all seeking to overturn the proposed plan. They argued that the cap will bring cutting-edge medical research to a halt, slash employment for researchers and cause operational chaos.

Judge Angel Kelley delivered a permanent injunction in each case April 4, at the government’s urging, which paved the way for an appeal. Before that she had delivered a temporary restraining order and then a preliminary injunction.

Kelley had ruled that NIH’s policy was reckless, contrary to the law and an example of executive overreach, as it bypassed rule-making protocol. She added that the defendants failed to provide sufficient reasoning for the change.

The NIH filed its appeal with the U.S. Court of Appeals for the First Circuit.