Trump Administration Drops Supreme Court Appeal on NIH Indirect Cost Funding

The Trump administration announced it will not seek Supreme Court review of a federal appeals court decision that overturned its policy to limit National Institutes of Health funding for indirect research costs. The policy, implemented in 2018, sought to cap indirect cost reimbursements at 15% of direct research expenses for NIH grants.

Indirect costs cover administrative, facility, and other overhead expenses essential to conducting research.

U.S. Court of Appeals for the Federal Circuit ruled in July 2020 that the administration lacked authority to impose the cap without following proper rulemaking procedures under the Administrative Procedure Act. The ruling reinstated higher reimbursement rates negotiated between NIH and recipient institutions, which can reach up to 60% or more depending on the location and type of research.

Research universities and medical centers, including those in states like California and Massachusetts, had challenged the policy in lawsuits filed in 2018.

Policy Dispute The indirect cost cap was part of broader efforts by the Trump administration to reduce federal spending on research overhead, which officials described as inefficient.

According to STAT News, the policy would have saved the government approximately $4 billion over five years but was projected to strain university budgets and potentially reduce research output. Affected parties included over 4,000 institutions receiving NIH funding, with major impacts on biomedical research programs.

The initial policy was issued through a memo from the Office of Management and Budget, bypassing public comment periods required for significant regulatory changes.

U.S. Court of Appeals for the Federal Circuit, found the approach violated procedural rules. The administration's decision not to appeal means the higher reimbursement rates remain in place indefinitely.