UPDATE: On the morning of Feb.10, the attorney generals of 22 states sued the Trump Administration, the Department of Health and Human Services (DHHS), and the National Institutes of Health (NIH) for unlawfully announcing the application of a 15 percent rate for Facilities and Administration (F&A) costs on Feb. 7. Around 6:00 pm on Feb. 10, a federal district court judge issued a temporary restraining order (TRO) blocking DHHS/NIH from implementing the new F&A rate in the 22 states named in the lawsuit. However, the 15 percent F&A rate will still be in effect in the other states and it is possible that further legal decisions will allow DHHS/NIH to fully implement the new policy at some point. 

BACKGROUND: In a Notice issued on February 7, NIH announced application of a 15 percent rate for F&A costs, for all existing and new grants to institutions of higher education effective February 10, 2025, a move that conflicts with existing rates contracted between institutions and DHHS. For the majority of research institutions, this flat F&A rate represents a minimum 50 percent decrease in funds that support the facilities where research is conducted. These funds cover maintenance of shared equipment and resources, compliance with measures to ensure patient privacy and research security, and utilities such as appropriate management of biohazardous materials. 

The form on the right side of this page allows you to email your Senators and Representatives to share your concerns about the impact of these unprecedented cuts that came without warning. These deep cuts in F&A will stymie the pursuit of research and risk the safety of those working in or with research facilities. Before hitting send, PLEASE edit the sample text in the box provided to include examples of expenses that are included in F&A costs incurred by your lab/institution (your Office of Federal Affairs/Government Relations may be able to provide data). Share this alert with others in the research community once you've taken action!