The document is a comprehensive overview of key issues on research security and intellectual property management discussed during a panel convened by the Council on Governmental Relations (COGR) on October 22, 2020, featuring experts from leading research universities. The panelists addressed emerging federal rules and legislative changes affecting academic research, technology transfer, and university-industry-government relations, particularly in response to evolving concerns about research security, export controls, foreign influence, and intellectual property rights.
Key topics included the implications of the Export Control Reform Act and proposed regulations on foundational and emerging technologies, where panelists emphasized the need for precision in regulatory approaches to avoid stifling innovation and urged the academic community to engage in the regulatory process. They also discussed federal scrutiny on university handling of inventions, the debate over government “march-in” rights for federally funded inventions, and the misinterpretation of federal funding in high-profile pharmaceutical cases like Gilead’s remdesivir. Universities' responses to COVID-19 licensing needs and the tensions between patent exclusivity and access were considered, highlighting the balance between incentivizing innovation and public health priorities.
Heightened federal oversight of foreign funding and influence was examined through the lens of Higher Education Act Section 117 reporting requirements, with universities facing increased reporting obligations and investigations, especially regarding relationships with China and Confucius Institutes. Panelists also outlined expanded Department of Energy restrictions on foreign government talent programs and mandated disclosures of appointments, resources, and affiliations, reflecting broader government concerns about research integrity and national security.
Additionally, implementation of Section 889 of the National Defense Authorization Act and the associated Federal Acquisition Regulation clauses were reviewed, underscoring the compliance burden on institutions in prohibiting the use of certain foreign telecommunications equipment and the complexities of grant and contract management. Finally, the Department of Defense’s rollout of new Cybersecurity Maturity Model Certification (CMMC) requirements and the potential negative impact on fundamental research were discussed, with panelists stressing the necessity for clear exemptions and the risk that such security requirements could undermine the open nature of academic research. The forum concluded by encouraging institutional advocacy and balanced compliance that protects both security and the foundational principles of academic research.
