by Dick Hall-Sizemore
Remember that edict by the Trump administration capping the indirect costs portion of grants by the National Institutes of Health (NIH) at 15 percent? There was vigorous discussion of that announcement on this blog, with many commentators supporting the move.
Well, the Trump administration has given up on that effort.
As soon as the new policy was announced, several state attorney generals challenged it in court. A federal district court issued an injunction prohibiting the implementation of that cap. In January, a federal circuit court of appeals agreed with the district court. In its opinion, the appeals court pointed out that the action by the administration violated regulations of the Dept. of Health and Human Services. It also was in direct violation of a Supplemental Rider to the Appropriation Act that Congress had first passed in 2018, during the first Trump administration, and had adopted in each appropriation act since. The appeals court concluded, “In summary, Congress went to great lengths to ensure that NIH could not displace negotiated indirect cost reimbursement rates with a uniform rate.”
The deadline for the administration to appeal the decision of the appeals court to the U.S. Supreme Court recently passed without action or comment by the administration.
(more…)
