Division of Research

New lawsuit to block NSF cap

A message from Provost Francis J. Doyle III and Vice President for Research Greg Hirth, regarding a lawsuit Brown has joined related to the NSF cap, sent to the Brown community on May 7, 2025.

We are writing to share that Brown has joined a new lawsuit challenging the National Science Foundation's decision to limit indirect cost reimbursements to a 15% rate for its research grants to higher education institutions. This is the University's latest effort toward confronting ongoing threats to funding that is essential for supporting research at Brown.
 
We know that many members of our community continue to be deeply concerned about the many federal actions threatening research grants and contracts. We want to remind all faculty, staff and students that the Division of Research continues to maintain a webpage of Federal Updates pertaining to research. You may use your Brown credentials to log in to access guidance on submitting proposals and for performing work on awarded grants; information on executive orders and other federal documents; an archive of campus communications related to federal funding; and other resources. This webpage continues to be updated as new information becomes available. 
 
In addition, continue to email federalupdates@brown.edu (this is the shorter version that goes to the same fed2025admintransition@brown.edu address we have shared previously) if you have questions related to federal directives pertaining to research. You may send questions whether you are a principal investigator, member of the research staff, staff member supporting research, a postdoc, or graduate student affected by shifts in federal funding.
We will continue to share legal updates with our campus community for those who have an interest in how the University is confronting ongoing threats to federal funding. 

Lawsuit Against NSF 15% Rate Cap

Brown is a named plaintiff in the federal lawsuit filed against the NSF on May 5, 2025, in Massachusetts federal district court by the Association of American Universities and 13 of its member institutions, including Brown, along with the American Council on Education and Association of Public and Land-Grant Universities.
 
As shared in a declaration being submitted by Vice President for Research Greg Hirth as part of Brown's participation in the lawsuit, the University received $34.4 million in grants in Fiscal Year 2024 to support nearly 250 projects in every scientific discipline represented by the NSF. The reduced funding would have destructive impacts on a wide range of innovative research at Brown.
 
These research activities include new X-ray imaging technology that enables research toward better treatments for muscular dystrophy, cerebral palsy and nerve injuries; research on robot systems that will have far-reaching impacts in robotic warehousing and manufacturing, self-driving vehicles, autonomous delivery and other fields; and work to advance understanding of the most damaging ground-shaking from earthquakes, which will help enable the improvement of building codes and thus reduce risks from earthquakes. A reduction in the indirect cost rate also would threaten the Institute for Computational and Experimental Research in Mathematics (ICERM), which is located at Brown, as well as a program to train the next-generation quantum science workforce — an initiative that has resulted in three pending patents, the development of novel quantum sensing techniques, and new approaches that enable quantum information processing at ambient conditions.
 
The lawsuit filed against the NSF is the latest action reflecting Brown's commitment to partnering with its educational associations and other private and public colleges and universities to advocate in court against federal actions that threaten research funding. 
 
We want to take this opportunity to provide updates on previous legal actions:
  • On Feb. 7, Vice President for Research Greg Hirth submitted a declaration in support of a federal court filing by about two dozen state attorneys general seeking a preliminary injunction to ensure the continued flow of research funding from federal agencies. The U.S. district court judge in the case first granted a temporary restraining order and then on March 6 a preliminary injunction blocking the funding freeze. The ruling is being appealed by the federal administration.
  • On Feb. 10, Brown joined as a named plaintiff in a federal lawsuit to halt the implementation of a 15% cap on the amount that institutions of higher education can recover in indirect cost reimbursements from National Institutes of Health research grants. The U.S. district court judge in the case first issued a preliminary injunction and then on April 4 issued a permanent injunction barring the NIH from implementing the rate cap. The ruling is being appealed by the federal administration.
  • On April 14, Brown joined as a named plaintiff in a federal lawsuit to halt the implementation of a 15% cap on the amount that institutions of higher education can recover in indirect cost reimbursements from U.S. Department of Energy research grants. On April 16, the U.S district court judge in the case issued a temporary restraining order temporarily prohibiting the DOE from putting the rate cap into effect. 
     
Brown continues to monitor the status of these legal actions and remains vigilant in assessing the impact of evolving federal actions and directives affecting our community.
 
Sincerely,
Francis J. Doyle III, Provost
Greg Hirth, Vice President for Research