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Court Issues Permanent Injunction Against NIH F&A Cap Policy Following a Lawsuit ASPPH and Others Joined

Last week, U.S. District Judge Angel Kelley issued a permanent injunction blocking the implementation of the National Institutes of Health (NIH)’s policy to cap Facilities and Administrative (F&A) cost reimbursements at 15% for federally funded research grants. The injunction follows a lawsuit filed in February by ASPPH and others opposing the policy. The Trump administration had requested the injunction to expedite its appeal rather than proceed through a full trial.

We recognize this as a win even though earlier this week, the Trump administration said it would challenge Judge Kelley’s order and filed a notice of appeal to the U.S. Court of Appeals for the First Circuit.

Last week’s decision ensures that research institutions, including schools and programs of public health, can continue to receive appropriate reimbursement for the infrastructure and administrative costs essential to conducting federally funded research. Limiting F&A cost recovery would have significantly undermined the ability of institutions to support groundbreaking research and maintain robust research operations.

ASPPH remains actively engaged on this issue and will continue to provide updates as the case progresses.