Sixth, the rates are set based on what the university spends, not what it should cost. Universities have a well-deserved reputation for spending wastefully. For example, a public California college was planning to build a new dorm that would cost $330,000 per room. Such profligate spending likely applies to much of the spending eligible for inclusion in indirect costs as well. If a $100 million dollar building would be perfectly sufficient, but the university opts for a gold plated $500 million one instead, it can base its indirect rate on $500 million. Similarly, if one compliance officer could do the work, but a university decides to hire the president’s spouse to oversee the compliance officer, then that unnecessary salary is included in indirect rates too.
Seventh, indirect rates can function as a slush fund by letting universities double dip when philanthropists fund a new building. If a donor finances the construction costs of a new building, the university can still include depreciation of the building as an indirect cost. Since the donor already paid for the building, the depreciation costs that are included in the indirect rate function as a slush fund for the university. Some colleges require donors to contribute to an endowment to finance operations and maintenance as well when creating a new named building. When that’s the case, taxpayers—partially—pay for the same expense three times. First, the donor gets to deduct their donation to the university from their taxes. Second, the university often doesn’t pay any tax on the endowment’s earnings, and the handful that do pay only 1.4 percent, compared to the typical 15 percent or 20 percent capital gains rate. Third, the university gets to include those costs when calculating its indirect rate.
Is the new rate appropriate?
If we’re going to pick an arbitrary number, a 15 percent cap is probably in the right ballpark. We’ve used caps before, sometimes as low as 8 percent. Meanwhile, the European Union caps rates at 25 percent and Japan caps them at 30 percent. We’re less bureaucratic, which would imply our rates should be lower. On the other hand, our universities are generally better, especially in the research arena, so maybe we shouldn’t be using those rates as benchmarks.
Most of the opposition is rather unpersuasive. For instance, Christopher Newfield argues that indirect rates are too low, writing that “sponsored research, almost all in science and engineering, loses massive amounts of money even at current recovery rates.” He tries to prove this by showing that universities also fund some research on their own, which he interprets as the university needing to subsidize federally funded research because indirect rates are too low. The reality is that the purpose of a university is to discover and disseminate knowledge, and universities, therefore, use some of their many other sources of revenue—tuition, state funding, philanthropy, commercial income—to fund research with no implications whatsoever for whether indirect rates are too high or too low. Ironically, Newfield is a co-editor of a book titled “The Limits of the Numerical: The Abuses and Uses of Quantification.”
But some opposition is more persuasive. The best opposition I’ve come across so far comes from Stuart Buck, who argues that indirect costs have crept up over time due to an increase in regulations. He cites an organization that documents 270 changes in regulations affecting federally funding research since 1991, with 62 percent being enacted since 2014. He argues that “if we want to reduce indirect costs more seriously, we also need to reduce the federal regulatory burden that causes universities to hire so many administrators in the first place.”
My only response to this is the following: your terms are acceptable. It is a libertarian dream to lower government spending—in the form of lower indirect rates—and government interference with research—in the form of excessive regulatory burden.
But I do worry that without accompanying deregulatory changes, a cap of 15 percent is too low, and I worry even more that letting politicians in DC pick an arbitrary number will not generally lead to the right number being chosen. I’d be more comfortable with more decentralized options, and there are several to choose from. Jay Greene argues that federal agencies should pay no more for overhead than the university charges to other funders of research. Richard Vedder argued that indirect rates should be another line item in the budget of proposals.
Another option would be to cap indirect rates by field rather than by institution. For example, chemistry research is likely more expensive to conduct due to extra safety and disposal requirements compared to, say, economics research, which often requires little more than an office and a computer. Thus, indirect rates for chemistry research should be higher than rates for economics research. These rates could be set in a decentralized fashion by taking the median of costs among past grants. For example, if the last three NIH grants provided funding for human resources support of $50, $100, and $400 per professor, then going forward, all grants would be reimbursed at $100, repeating the exercise for the other components of indirect costs relevant for research in that field.
What are the prospects of the 15 percent cap sticking? In the current iteration, not good. Courts have already paused implementation of the cap while they evaluate its legality. The main legal obstacle is that the first Trump administration also wanted to lower indirect rates, and Congress went the other way, placing more restrictions on NIH’s ability to cap rates, restrictions that may kill this effort.
But all of this could just be drawing more attention to indirect costs to pave the way for inclusion in upcoming reconciliation bills. Congressional hearings that provided a forensic accounting of Harvard’s rate—69 percent—Yale’s—67.5 percent—and John Hopkins—63.7 percent—could expose scandals like the Stanford one in the 1990s that would make it politically possible to dramatically cut indirect rates. The savings could be substantial. The federal government spends about $60 billion per year on research at universities, with around $12 billion of that being indirect cost payments. Lowering the rate to 15 percent could save about $5 billion a year, or $50 billion over ten years.