The COGR Forum IV, held on August 20, 2025, addressed the rapidly evolving landscape of federal research policy, particularly the implications of recent legal, regulatory, and administrative shifts under the U.S. Department of Health and Human Services (HHS) and the National Institutes of Health (NIH). Central to the forum was a detailed examination of the new HHS legal strategy regarding grant terminations, catalyzed by highly publicized court cases in 2025 that successfully challenged mass and abrupt grant terminations based on changes in agency priorities or political direction. The courts generally found these terminations to be arbitrary, capricious, or contrary to law, citing violations of the Administrative Procedures Act and constitutional provisions, resulting in injunctive relief and reinstatement of many grants. In response, HHS and related agencies have developed a more cautious and legally robust termination approach, with strengthened documentation processes and a tiered strategy for different types of termination authority, reflecting pending regulatory changes that, after October 1, 2025, will expand the allowable reasons for grant termination to include “non-alignment with agency priorities” under revised OMB Uniform Guidance.
The forum also highlighted emerging compliance challenges for research institutions, particularly new and rescinded NIH award terms addressing gender ideology and diversity, equity, and inclusion (DEI), in light of recent executive orders restricting the recognition of gender identity and placing new constraints on federal funding for DEI-related activities. Legal risks under the False Claims Act and expanded Department of Justice enforcement were underscored, urging institutions to carefully review and document their compliance practices, submit appeals or reconsideration requests following adverse actions, and closely monitor ongoing legal developments. Additionally, the briefing covered updates on F&A reimbursement caps, Bayh-Dole compliance investigations, and evolving NIH training requirements. COGR committees and the Joint Associations Group (JAG) are responding with advocacy and cost allocation strategy initiatives, including ongoing efforts to address indirect cost reimbursement challenges. The forum provided an interactive platform for members to discuss these pressing issues, share strategies for institutional preparedness, and anticipate future regulatory developments affecting the research enterprise.
