Federal and State Policy Change Updates

Dear Faculty, Staff and Graduate Students,

This week, we are awarding over 13,000 degrees to spring graduates at commencement ceremonies in College Station, Galveston, Ft. Worth, Dallas and Qatar. I want to thank each of you for your hard work in preparing our graduates for this life-changing moment. These former students are entering their next chapter equipped with the confidence that you, our Aggie faculty and staff, passed on to them. We greatly appreciate your efforts and maintain our commitment to keeping you informed of any federal or state policy shifts that may impact our institution and, specifically, your roles. 

Indirect Cost Rate Cap Actions

On May 2, the National Science Foundation (NSF) notified institutions, including Texas A&M University, of a Facilities and Administrative (F&A) rate of 15% for all new awards on or after May 5. On May 5, a group of higher education organizations, including the Association of American Universities (AAU), the American Council on Education (ACE) and the Association of Public and Land-grant Universities (APLU), all of which we are members, along with several research institutions, filed a lawsuit in a U.S. District Court regarding the rate cap. Sponsored Research Services (SRS) is working closely with individuals wanting to submit new NSF grant proposals while we await the outcome of that legal process.

On May 8, the Department of Energy (DOE) announced new policies, including a limit on indirect cost rates for universities to 15%. The agency stated additional information would be forthcoming. This comes after the DOE’s announcement of an indirect rate of 15% in April for which there is a pending lawsuit in a U.S. District Court and a temporary restraining order in place.

We will continue to monitor updates related to all indirect cost rate changes across agencies, and SRS will continue to work with principal investigators submitting new proposals. Additionally, the Council on Government Relations (COGR), along with the other major Higher Education Associations (AAU, APLU, ACE and others) have been working collaboratively with institutions of higher education, including Texas A&M, to develop a potential new indirect costs funding model that meets the needs of both the federal government and institutions of higher education. At the same time, our federal relations team continues to work closely with legislators on Capitol Hill and their staff to underscore the importance of indirect cost rates at their current levels in order to preserve the positive impact of our research.

Executive Order on Biological Research

President Trump announced a new executive order on May 5 entitled “Improving the Safety and Security of Biological Research.” This order prescribes the development of a new mechanism for research institutions receiving federal funding to report “gain-of-function” research. It also advises a penalty of immediate revocation and up to a five-year period of ineligibility for federal life-science grant funds if an institution is found in violation of this new policy. We are reviewing this, but have not received any specific guidance from the Department of Health and Human Services on the implementation. You can review a current list of executive orders on our U.S. executive memoranda, orders and actions page.

Individual Agency Guidance

Earlier this week, we were alerted to an update that the National Institutes of Health (NIH) temporarily disabled the No-Cost Extension (NCE) functionality in eRA Commons as part of NIH’s efforts to review all existing grants and cooperative agreements. The notice indicated that “all requests for NCEs must be submitted as a prior approval request in eRA Commons, for NIH review and approval.” Researchers should continue to work with SRS on their NCE needs, and the Division of Research is updating individual agency guidance on its website to ensure researchers have access to the most up-to-date information.

State Legislative Updates

We are in the final weeks of the regular state legislative session, and our Government Relations team is working hard to ensure our perspective on bills impacting our university is heard. This week, the House Committee on Higher Education held a hearing for Senate Bill 37, which would change governance structures at universities related to curriculum decisions and faculty senates. The bill has undergone heavy revisions since it passed the Senate. The Texas A&M University System General Counsel Ray Bonilla was invited by the committee as a resource witness at Tuesday’s hearing to share testimony. The bill was left pending in committee.

Senate Bill 530, which removes the statutory requirements for institutions of higher education to be accredited by the Southern Association of Colleges and Schools, has passed both chambers and will soon be with the Governor. House Bill 5196, which covers changes in remote work policies for state employees, passed the House this week and will begin the process in the Senate. Senate Bill 17, which prohibits the purchase or acquisition of an interest in real property by certain non-U.S. citizens or foreign entities, was passed by the House today after heavy debate over the last two days. It will now go back to the Senate where they will either concur in the House changes or form a conference committee to reconcile differences. We are carefully evaluating the impact of legislation affecting the university and our faculty, staff and students as it moves through the state legislative process.

We remain committed to keeping you apprised of the changing guidelines, practices and policies of the federal and state governments, as well as how these shifts may impact our university. You can always find the latest information on the federal policy updates webpage and researchers may continue to access guidance for principal investigators through the Division of Research. If you have questions, concerns or would like to request a visit from a leadership team member, we are available to share information and answer questions. Please reach out to my office at provost@tamu.edu.

Thank you,

Alan
Alan Sams
Provost and Executive Vice President