Science and Technology in Congress
October 2007

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Regular Features

 

 

About the Newsletter Editors

Science and Technology in Congress is a newsletter produced by the Center to provide timely, objective information to Congress on current science and technology issues.

To Subscribe: Please send an e-mail with your name and address to congress_center@aaas.org.

 

  • Albert H. Teich, Director, Science and Policy Programs
  • Joanne Padron Carney, Director, CSTC
  • Kasey White, Senior Program Associate
  • Erin Heath, Senior Program Associate
  • Lina Karaoglanova, Program Assistant

 

R&D Increases on Hold as Budget Battles Stretch into FY 2008

The federal government's fiscal year (FY) 2008 began on October 1, but the FY 2008 budget is far from finished. The House of Representatives approved all 12 of its FY 2008 appropriations bills by August, but the Senate lagged behind. The Senate Appropriations Committee only recently finished drafting its bills and the full Senate has only approved five bills. In order to give themselves more time, lawmakers approved a continuing resolution (CR) providing temporary funding at 2007 levels for all discretionary programs through November 16; more CRs will almost certainly be needed.

Congress is poised to add billions of dollars to proposed budgets in research and development (R&D) for FY 2008, but many legislative hurdles remain. The House and Senate would endorse large proposed increases for select physical sciences agencies in the President's American Competitiveness Initiative (ACI). Both the House and the Senate would match or exceed the R&D requests for the National Science Foundation (NSF; up 8.7 percent to $4.9 billion in the House, up 9.1 percent in the Senate), the Department of Energy’s Office of Science (up 16.8 percent to $4.1 billion in the House, up 18 percent in the Senate), and Commerce’s National Institute of Standards and Technology laboratories (NIST; up 13 percent to $420 million). Congress also continues to support Administration plans to expand development investments for new human spacecraft.

But instead of cutting funding for other R&D programs as requested, the House and the Senate would provide increases to every major nondefense R&D funding agency, and would turn proposed cuts into significant increases for the congressional priorities of biomedical research, environmental research (particularly climate change research), and energy R&D. The House would add $1 billion to a requested cut in biomedical research at the National Institutes of Health (NIH) for a total of $29.1 billion for NIH R&D, while the Senate would add $1.2 billion. Congress would turn steep requested cuts into increases for environmental research programs, including R&D in the U.S. Geological Survey (USGS; up 6.6 percent in the House and 3.0 percent in the Senate), the National Oceanic and Atmospheric Administration (NOAA; up 9.9 percent in the House and 18.1 percent in the Senate), and the Environmental Protection Agency (EPA; up 10.6 percent in the House and 0.9 percent in the Senate). In addition, appropriators would boost climate change research in other agency budgets, including targeted boosts for earth observing satellites and supporting research at the National Aeronautics and Space Administration (NASA). And instead of requested cuts to energy R&D in 2008 after a banner year in 2007, Congress would keep increasing DOE energy R&D spending dramatically, by 18.5 percent in the House to $1.8 billion and a staggering 29 percent to $2.0 billion in the Senate for the renewable energy, fossil fuels, and energy conservation programs.

Although the request for 2008 would have continued the recent downward trend in federal research support after peaking in 2004, additional dollars for research programs in both House and Senate appropriations would allow federal research support to increase in real terms. Federal support of research (excluding development and R&D facilities) would increase 3.0 percent to $58.6 billion in House appropriations, keeping it just ahead of the expected 2.4 percent inflation rate. The Senate would go slightly higher with a 3.1 percent or $1.8 billion boost for federal research support to $58.7 billion.

But these increases depend on an overall congressional budget plan allocating $23 billion more for domestic appropriations than the President's budget; because the President has threatened to veto any appropriations bills that exceed his budget request, these R&D increases could disappear or diminish later this fall in negotiations between the President and Congress over final funding levels.

Detailed analyses by agency and topic are available on the AAAS R&D Budget and Policy Program Website.

-- Kei Koizumi

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Climate Change Politics Heat Up the Fall

Congressional movement towards comprehensive climate change legislation continues, as Energy and Commerce Committee Chair John Dingell (D-MI) and Subcommittee on Energy and Air Quality Chair Rick Boucher (D-VA) delivered one in a series of White Papers on designing climate change legislation. This comes at time when the House and Senate leadership are working to bring their energy bills to conference and international leaders are pressing for action to develop a successor to the Kyoto Protocol.

Domestic Action

Chairmen Dingell and Boucher released their first White Paper on October 3rd that examines the scope of a cap-and-trade program. The goal outlined by the Chairmen is to gradually reduce greenhouse gas emissions by 60 to 80 percent of today’s levels by 2050. While the first White Paper indicates an economy wide cap-and-trade program that will impact all sectors, it forgoes specifying which entities will be regulated and whether it will focus regulations on upstream or downstream emitters. Later papers will explore these provisions, along with topics including carbon sequestration, offsets and cost-containment measures. The White Paper also suggests that a cap-and-trade system alone will not be sufficient to reach goals; energy efficiency, performance standards, as well as funding for additional energy R&D are all possible options.

The White Paper also mentions the possibility of a carbon tax as an additional measure to cut emissions. In late September, Chairman Dingell released a summary of draft carbon tax legislation he intends to introduce. Rep. Dingell’s goal for the carbon tax is the same as that cited in the White Paper: emission reductions of 60-80 percent by 2050. The Congressman’s draft slaps a $50 per ton of carbon dioxide fee on coal, petroleum, and natural gas as well as a 50-cent tax on every gallon of gas.

Meanwhile, the much-anticipated conference of the House and Senate Energy bills has yet to begin, and it is not a result of the tough deliberations expected on CAFE standards, tax incentives or a renewable portfolio standard. Instead, the bills cannot be reconciled due to a procedural issue: the two proposals have different bill numbers. Rather than appoint a conference committee, Senate Majority Leader Reid (D-NV) and House Speaker Nancy Pelosi (D-CA) have decided to proceed through informal negotiations, though that process is being met with resistance by some Republican leaders. President Bush has stated that he will veto the final bill.

In related news, a new analysis by the EPA found that three bills under consideration the Senate – S. 1766 by Sens. Bingaman (D-NM) and Specter (R-PA), S. 280 by Sens. Lieberman (I-CT) and McCain (R-AZ) and S. 485 by Sens. Kerry (D-MA) and Snowe (R-ME) – would reduce global carbon dioxide levels by virtually the same amount in the long run. The differences in the bills’ targets and timetables are negated by the differences in sectors covered and the effects of international action. The Senate is likely to address climate change legislation in December.

International Progress

Several high-profile events took place in September in anticipation of the next round climate change negotiations taking place in December in Bali, Indonesia under the United Nations Framework Convention on Climate Change. Attendees to the Bali meeting will continue the process of negotiating a successor to the Kyoto Protocol, which expires in 2012.

U.N. Secretary-General Ban Ki-moon organized a high-level summit on climate change with representatives from more than 150 nations, including 70 national leaders, on September 24 to build momentum for the negotiations. The meeting focused on the current and future impacts of climate change and the need for a multifaceted approach that addresses adaptation, mitigation, technology and financing. Many of the representatives to the summit stated that a breakthrough is needed in Bali and expressed their commitment to achieving it.

Yvo de Boer, Executive Secretary, United Nations Framework Convention on Climate Change, spoke about the types of agreements that need to be reached in Bali during a talk at the Brookings Institution.  He stated that a post-2012 agreement will need to focus on adaptation and mitigation and be embedded in sustainable development. He said that industrialized countries will need to take the lead but further action by developing countries will be required in an “inclusive, global” strategy.   Dr. Gro Harlem Brundtland, UN Special Envoy on Climate Change and Former Prime Minister of Norway, shared a similar message during a briefing by the House Select Committee on Energy Independence and Global Warming. She called for “common but differentiated” responsibilities commensurate with capabilities for nations to address climate change.

Later that week, the Bush Administration held the first of several scheduled meetings of 16 “major economies'' – including China and India – on climate change. The White House meeting was meant to complement the Bali negotiations by attempting to find common ground between the United States and developing countries that are growing sources of emissions: a key sticking point in previous negotiations. The meeting focused on technology and aspirational goals in lieu of binding targets, with the main development being the creation of a new multilateral fund to help finance the adoption of new technologies by developing countries. The conference drew the ire of many international leaders who feel that more urgent action is needed to address global warming.  John Ashton, the UK Foreign Secretary’s Special Representative for Climate Change, said, “I think that the argument that we can do this through voluntary approaches is now pretty much discredited internationally.”

-- Lina Karaoglanova and Kasey White

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Congress Reauthorizes Key FDA Program

A major Food and Drug Administration bill that reauthorizes the prescription drug user fee program and gives the agency new latitude to regulate prescription drug safety has now become law. House and Senate leaders compromised on the legislation, which passed the House on September 19 with a vote of 405-7 and passed the Senate by unanimous consent the following day. 

The President signed it into law (PL 110-85) on September 27; had the bill failed to go through, the FDA would have been forced to issue thousands of layoff notices. The user fees, which can also apply to medical devices, account for a sizable chunk of the FDA’s budget.

Congressional leaders based the compromise bill on the two reauthorization bills that passed each chamber over the summer. The bill gives the FDA authority to require pharmaceutical companies to conduct post-market safety studies or change the information on their product labels.

Of particular interest to scientists were the provisions regarding clinical trials and conflict of interest. The law mandates that drug companies post publicly the results of clinical trials in a searchable database administered by the National Institutes of Health. The two bodies had to reconcile the differences between their provisions on conflict of interest within FDA advisory panels. The House wanted to limit advisory panel meetings to one conflict-of-interest waiver; however, the Senate had no limits in its bill. The law now mandates that the FDA determine the number of waivers granted during advisory panel meetings in FY 2007 (which ended September 30); that number will shrink 5% each of the following five years.

Despite early momentum, the final bill did not address the issue of generic biologics.

-- Erin Heath

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Law of the Sea Treaty Finally Out of the Dock?

The long-languishing Law of the Sea Treaty is receiving renewed attention. The treaty, which has been awaiting a Senate ratification vote since 1994, establishes sovereign economic zones and navigation protections and contains marine research and environmental preservation provisions and dispute resolution procedures. It has the backing of President Bush and Majority Leader Harry Reid (D-NV), who hopes to bring it for a vote before the end of the year.

At a September 27 Senate Foreign Relations Committee hearing, all of the witnesses, including Deputy Secretary of State John Negroponte, Deputy Secretary of Defense Gordon England, and Admiral Patrick Walsh, Vice Chief of Naval Operations, joined committee leaders in calling for the United States to join the 155 nations that have ratified the treaty. They noted that the United States has essentially been following the treaty for years without negative impacts. Becoming a signatory to the treaty, Negroponte said, is necessary to give the United States a seat at the table for further negotiations to the treaty and issues that arise under it, such as Russia’s mineral claims.

Negroponte also highlighted economic benefits to U.S. participation. In particular, he noted that companies were unlikely to explore and develop resources on the extended continental shelf without the protections provided by the treaty. England spoke to the national security benefits of the treaty, stating, “The navigation and overflight rights and high seas freedoms codified in the Convention are essential for the global mobility of our Armed Forces and the sustainment of our combat forces overseas.”

Those opposing the treaty cited threats to U.S. sovereignty. Sen. Jim DeMint (R-SC) asked,  "Do we really want to submit the U.S. to another international body?" Negroponte stressed that while the treaty was officially a United Nations (U.N.) convention, "there will be no U.N. bureaucracy" or taxes flowing to the U.N. Competitive Enterprise Institute President Fred Smith spoke of the treaty’s “coercive, collectivist philosophical underpinnings” at a second hearing on October 4

The treaty's long legacy was also an issue. Frank Gaffney, President of the Center for Security Policy, testified that the treaty was opposed by the Reagan Administration. Other witnesses and Senators countered that though the Reagan Administration opposed provisions on deep seabed mining, which were amended in 1994, ocean policy statements made by President Reagan illustrate support for and compliance with the remaining provisions.

In contrast, witnesses representing the oil and gas, marine shipping, and telecommunications industries called for ratification due to their business needs for a stable legal regime for international waters.

-- Kasey White

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House Passes Patent Reform Bill

On September 7 the House passed the Patent Reform Act (H.R. 1908) by a vote of 220-175. Though chief sponsor Rep. Howard Berman (D-CA) worked steadily to reconcile the interests of various stakeholders, industry groups remain deeply divided on the bill.

Berman, who chairs the Judiciary Committee’s Courts, Internet and Intellectual Property panel, did gain some allies leading up to the vote, including a major endorsement from the university community. The University of California, previously a critic, wrote a letter to Speaker Pelosi encouraging the bill to move forward. The AFL-CIO also was satisfied enough with the changes to cease its opposition. Berman has ushered numerous changes through the bill, such as clarifying the one-year grace period in which an inventor can file for a patent after disclosing the idea; this was a crucial piece for universities, where researchers often publish results before filing for patents.

A major emphasis of the bill is the “first to file” section, which would bring the United States’ system (which currently rewards the first to invent) in line with that of many other developed nations.

Another component Berman was determined to keep in the bill was the apportionment language, which would permit a trial judge to allow royalties to be apportioned by percentages attributed to the patented use of the invention. Courts currently consider the value of the entire product when a part of that product is infringed upon.

With some exceptions, tech companies, whose products contain multitudes of small patentable parts, applauded the bill, while pharmaceutical companies and some manufacturers, whose profits can hinge on single a patent, opposed it.

The White House released a Statement of Administration Policy opposing the apportionment language on September 6, opening up the possibility of a veto. “Making this change to a reasonably well-functioning patent legal system is unwarranted and risks reducing the rewards from innovation,” the SAP said.

Negotiations on the bill will continue on the Senate side, where the Judiciary Committee passed its version of the bill (S. 1145) by a vote of 13-5 on July 19. The Senate is expected to debate the bill this fall.

Not far from the Capitol, patent news was also made at the Supreme Court, which announced that it would continue its string of high-profile patent cases by taking on a case involving LG Electronics. At issue is whether a patent holder can sue multiple companies as a product moves through the manufacturing process.

-- Erin Heath

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Ozone Treaty Updated

The Montreal Protocol on Substances that Deplete the Ozone Layer got an important update on its 20th anniversary in September. The Protocol has been hailed as a successful global effort to reduce the production of chlorofluorocarbons (CFCs), a group of chemicals that deplete the ozone layer. A 2006 NASA study predicted that the ozone hole over the South Pole would begin shrinking significantly by 2018 and the full return of the protective ozone layer would be complete in about 60 years.

An unanticipated consequence of the Protocol, however, has been the explosion in the use of hydrochlorofluorocarbons (HCFCs) – substances that have been used to replace CFCs in refrigeration, particularly in developing countries. These HCFCs, though not as harmful to the ozone layer, are a potent greenhouse gas that produce a byproduct that is 11,700 times more powerful at warming the planet than carbon dioxide.

Under the agreement reached by delegates from 191 countries who are Parties to the Montreal Protocol, HCFCs will be phased out in developed countries by 2020 and in developing countries by 2030 – ten years ahead of the original schedule. This change is estimated to reduce carbon dioxide-equivalent emissions by 18 to 25 billion metric tons over 10 years.

The topic has arisen in Congress as well, where Oversight and Government Reform Chair Henry Waxman introduced the Global Climate and Ozone Layer Protection Act of 2007 (H.R. 3448). This bill calls for reductions similar to those made at the recent negotiations, as well as additional provisions regarding the importation and treatment of HCFCs. Waxman’s bill builds up testimony given at a May 23 hearing that showed synergies between addressing the stratospheric ozone layer and global warming. Though surveys show the majority of Americans mistakenly believe that the ozone hole and climate change are caused by the same atmospheric process, these negotiations have highlighted actions can mitigate both.

-- Kasey White

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AAAS News and Notes

MARK YOUR CALENDAR

The Genetically Supercharged Athlete: Gene Testing, Gene Doping and the Future of Sport
October 22, 2007; 12:00-1:30 p.m.
253 Russell Senate Office Building

Is there a marathon gene or any other performance gene? Can (and should) you test yourself or your child for it? Are "enhanced" athletes the future of sport? Speakers include:

This public luncheon briefing is sponsored by AAAS and the Hastings Center. RSVP via rsvpcstc@aaas.org or phone (202-326-6600).

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Academic Diversity: A Look at Gender, Race, and Ethnicity in Higher Education
October 31, 2007, 12:00-1:30 p.m.
B-338 House Rayburn Office Building

In conjunction with the House Diversity and Innovation Caucus, the American Association for the Advancement of Science and the American Chemical Society invite you to a public lunch briefing that will present survey results on gender, race, and ethnicity among the faculties of the "top 100” departments of science and engineering disciplines in the United States.  This briefing will enable policy makers to examine data on the representation of females and minorities in higher education, compare data among various disciplines, and learn about the important role of mentoring and programs that work to build diversity in these critical fields. Speakers include:

RSVP to rsvp@aaas.org or by phone (202-326-6600)

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Project BioShield, BARDA, and the Medical Countermeasure Enterprise
November 28, 2007; 10:00-11:00 am
2168 Rayburn House Office Building

Since the September 11th 2001 attack, October 2001 anthrax letters and the emerging threat of an influenza pandemic, the U.S. government has created new programs and increased funding for medical countermeasure research, development and procurement.  The AAAS Center for Science, Technology and Security Policy has invited Brad Smith, PhD, a Senior Associate at the Center for Biosecurity of the University of Pittsburgh Medical Center (UPMC) to discuss the status of the civilian medical countermeasure enterprise and how to strengthen the enterprise’s essential public-private partnerships.

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Frontiers in Science

Captive breeding programs to prevent extinction are now in place for restoring many endangered wild populations and species, although the impact of such programs remains largely untested. A new study shows that the ability to reproduce in the wild declines approximately 40% per captive-reared generation, which suggests that breeding programs need further evaluation of their impact when used to restore declining wild populations.

Araki, H, et al., "Genetic Effects of Captive Breeding Cause a Rapid, Cumulative Fitness Decline in the Wild," Science, 5 October 2007: 100 - 103.

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