NIH Admits Funding Freeze Was Illegal, Resumes Issuing Grants - EverGlade Consulting

NIH Admits Funding Freeze Was Illegal, Resumes Issuing Grants

Picture of Eric Jia-Sobota, Founder
Eric Jia-Sobota, Founder
NIH resume issuing grants

Overview

In a major development for the biomedical research community, the National Institutes of Health (NIH) has officially acknowledged that its recent funding freeze was unlawful and has announced the resumption of grant distributions. This decision follows weeks of controversy and legal challenges, during which research institutions, universities, and lawmakers criticized the abrupt halt in funding as a violation of federal regulations.

Background: The NIH Funding Freeze Controversy

The dispute began when the NIH attempted to enforce a new cap on indirect cost rates, limiting them to 15% for certain grants. This policy change was widely opposed by universities and research institutions, many of which have negotiated higher rates to cover essential overhead expenses such as facilities, administration, and compliance costs.

The funding freeze followed an ongoing legal challenge, with several Democratic-led states filing lawsuits to block the NIH’s proposed changes. On January 31, 2025, a federal judge issued a Temporary Restraining Order (TRO), preventing the NIH from enforcing the funding cap within plaintiff states. However, despite the order, the NIH delayed issuing grants, prompting further legal scrutiny and backlash from the scientific community​.

NIH’s Admission and Reversal

On February 12, 2025, NIH officials, including Deputy Director for Extramural Research Michael Lauer and Chief Grants Officer Michelle Bulls, issued an internal memorandum confirming that the agency had failed to comply with the court order. The memo instructed staff to immediately resume issuing new and continuing grants under pre-existing funding policies, ensuring that previously negotiated indirect cost rates would be honored rather than the contested 15% cap​.

This reversal marks a critical victory for the research community, as the funding freeze had put numerous projects on hold, jeopardizing progress in fields such as cancer research, infectious diseases, and public health innovations.

What This Means for Researchers

  • Funding Will Resume Immediately – NIH will process grant applications and disburse funds as originally planned before the freeze.
  • No Immediate Indirect Cost Cap – Institutions with existing negotiated indirect cost rates can continue to use them for new and continuing grants.
  • Ongoing Legal Review – While the NIH has complied with the TRO, broader legal proceedings are still underway, and a final resolution regarding indirect cost policies is expected in the coming months​.

What’s Next?

The NIH’s admission highlights the importance of legal oversight and institutional advocacy in protecting research funding. While the immediate crisis has been averted, questions remain about potential future attempts to modify indirect cost policies.

Looking ahead, universities and research institutions should continue monitoring NIH policy updates and engaging in advocacy efforts to ensure sustainable funding for biomedical innovation. The outcome of ongoing court proceedings will likely set a precedent for how indirect costs are handled in future federal grants.

For now, the scientific community can breathe a sigh of relief as crucial research funding flows once again, allowing investigators to continue their work without financial disruptions.

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