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What We’re Reading this Week (April 6th-10th, 2020)

Below is a selection of articles the Federal Relations team read this week.

COVID-19: Modeling shows the US may be at the “peak” of the pandemic, stay at home orders remain in effect, new cases continue to climb daily, and some countries refuse to lockdown. Live updates at CNN.

Sanders Ends Presidential Run: Senator Bernie Sanders ended his campaign to be the Democratic nominee for President. Former Vice President Joe Biden is the remaining Democratic candidate. See the Washington Post.

Barr Supports Removal of IC Inspector General: US Attorney General William Barr came out in public support of President Trump’s decision to fire Michael Atkinson, formerly the Inspector General for the Intelligence Community. Atkinson had decided to take to Congress the whistleblower report detailing a phone conversation between Trump and the Ukrainian President. The whistelblower report resulted in President Trump being impeached. More at CBS.

Former Marine on Trial in Moscow: Paul Whelan, a former marine who has been detained in Russia for over fifteen months, is set to stand trial for espionage despite the ongoing COVID-19 pandemic and shutdown of Moscow. Whelan is accused of accepting a flashdrive containing Russian state secrets while on a personal trip in 2018. His family has discussed the possibility of a prisoner swap between the US and Russia. Full story at Washington Post.

Federal Appeals Court Rules in Favor of Texas: A federal appeals court has ruled that Texas’ Executive Order classifying abortion access as “non-essential” during COVID-19 is constitutional. Planned Parenthood, a plaintiff in the case, has stated they plan to take the case to the Supreme Court. More at CNN.

CRS Report: Effects of COVID-19 on the Federal Research and Development Enterprise

Today the Congressional Research Service released a report detailing some of the effects of COVID-19 on the federal research enterprise. The full report is available here. The report notes social distancing, supply shortages, and disruption to academic staff have had a detrimental impact on federally-funded research. The report also describes efforts within the academic community to maintain continuity.

 

OMB Issues Guidance to Allow Grant Recipients to Repurpose PPE and Other Materials

The White House Office of Management and Budget yesterday issued guidance (M-20-20) that enables federal agencies to  to “repurpose their federal assistance awards (in whole or part) to support the COVID-19 response, as consistent with applicable laws.”

The memo states, in part, the following:

As an example of this flexibility, agencies may allow recipients to donate medical equipment (including, but not limited to, personal protective equipment, medical devices, medicines, and other medical supplies) purchased with Federal assistance funds to hospitals, medical centers, and other local entities serving the public for COVID-19 response. This class exception also extends to the donation of other resources (such as labor, supplies, and contract services) funded under Federal financial assistance to support COVID-19 emergency response activities.

Guidance Sought from State Department on International Students and Personnel

In a letter sent earlier today, higher education associations asked the State Department for further guidance and assistance on the hurdles faced by international students, faculty, and staff at colleges and universities across the nation.

While acknowledging clarity and needed guidance that provided in some areas, the letter also highlights the fact a number of other problems still remain.  Read the letter here.

 

 

Higher Education Community Crafts Tax Proposals for Phase 4

On top of the proposals aimed at direct institutional and student needs as well as needs in the research arena, the higher education community has also pulled together a set of tax proposals that seeks to address additional challenges.

One of the top priorities in the package is the request that public entities, including public universities, become eligible to take advantage of the tax credits available to employers that provide paid sick and emergency family and medical leave for employees who are facing COVID-19-related issues.  “Phase 2” required all public employers as well as private employers with fewer than 500 employees to provide paid sick and emergency family and medical leave.  At the same time, the bill created tax credits for the same set of private sector employers but explicitly prohibited public employers from being eligible for the credits.