The Fall 2010 Update from the Council on Governmental Relations (COGR) provides a detailed overview of policy developments and institutional responses relevant to research universities and federal research funding. A notable focus is the ongoing Stanford v. Roche Supreme Court case, in which the U.S. Solicitor General supports the university position regarding Bayh-Dole Act patent rights, underlining the significance for federally funded invention ownership and potential impacts on technology transfer. The update also reports on the 30th anniversary celebration of Bayh-Dole, the release of the National Academy of Sciences' report broadly affirming university intellectual property (IP) management practices while suggesting areas for improved oversight, clearer institutional IP missions, increased faculty engagement, and better metrics for technology transfer outcomes.
Other major topics addressed include complex technology transfer issues involving joint university-VA appointments, the progress of export control reforms, and the proliferation of challenging contract clauses that threaten university research norms, specifically regarding publication rights and information security. Policy updates cover several operational matters: the NIH’s final position on indirect cost recovery for genomic arrays, NSF’s prohibition of voluntary committed cost sharing, and revised ARRA reporting requirements based on shifting OMB guidance. The report also highlights current and upcoming audit activities by Inspector Generals, findings from a GAO report advocating updates to indirect cost reimbursement methods, and anticipates further discussions and reforms related to facilities and administrative (F&A) costs. Further sections present updates on NSF and NIH grant policy changes, federal accountability and reporting requirements (such as FFATA, CCR, and DUNS), and recent guidance from the Office for Human Research Protections (OHRP). Collectively, the update encapsulates a period of significant regulatory, policy, and procedural evolution in the federal research landscape, with COGR actively representing member institutions’ concerns and seeking practical responses to complex federal requirements.
