AAAS Policy Alert -- March 31, 2010


Budget News

Hearings on FY 2011 appropriations and related matters continued last week. NASA Administrator Charles Bolden testified before the House Commerce, Justice and Science Appropriations Subcommittee on March 23. Members quizzed Bolden on details of the Constellation Program cancellation and the proposed transition to leasing commercial vehicles for transportation to the Space Station. Bolden also reiterated that a manned mission to Mars was a primary goal for the foreseeable future.

National Science Foundation (NSF) Director Arden Bement testified before the House Commerce, Justice and Science Appropriations Subcommittee on March 24. Most questions focused on STEM education and the relatively small increase (2.2%) for the Education and Human Resources (EHR) Directorate, as compared with the 8.0% increase for NSF overall. Bement noted that grants given by other directorates often have significant STEM education components and that those contributions should not be overlooked.

On March 23 Patrick Gallagher, Director of the National Institute of Standards and Technology (NIST), testified before the House Committee on Science and Technology on the pending NIST reorganization. He noted that NIST's expansion over the years to 17 major line organizations had rendered the current flat organizational structure unstable. The proposed changes would reorganize the NIST lab systems on a vertically-oriented, mission-centered basis, instead of the current disciplinary alignment. Gallagher said that putting the responsibility for taking a project from basic research through implementation under a single group would increase accountability and improve NIST's ability to manage multidisciplinary projects.

For up-to-date news on the FY 2011 budget, visit the AAAS R&D Budget and Policy Program Website. Detailed coverage of the major R&D funding agencies and historical trends will appear in the AAAS Report XXXV: Research and Development FY 2011, available online in April 2010 and released in print at the 35th annual AAAS Forum on Science and Technology Policy, May 13-14.

Other Congressional News

America COMPETES Act Reauthorization Begins. The House Science and Technology Committee took the first steps toward reauthorizing the America COMPETES Act by marking up a committee print of its energy title in the Energy and Environment Subcommittee on March 25. This title contains three bills that provide a comprehensive reauthorization of the Department of Energy's Office of Science (HR 4905), a reauthorization of ARPA-E (HR 4906), and an authorization of Energy Innovation Hubs (HR 4907). Much of the discussion and several amendments offered during the three-hour markup centered on how much to authorize for these well-regarded programs in an era of rising deficits. House S&T Committee staff are using the two-week congressional recess to seek comments from key stakeholders on a draft of other components of the America COMPETES bill, primarily related to NSF. The draft does not yet provide details of the funding levels for the agencies, nor does it contain all of the education sections.

Cancer Research News. Last week the House Energy and Commerce Committee held a hearing to spotlight cancer research. Speakers included National Cancer Institute Deputy Director Anne Barker, who spoke at length about the Cancer Genome Atlas, a project that is using stimulus funds to identify and catalogue relevant genomic alterations in various types of cancer. In other NCI news, the press has widely reported that former NIH head and current PCAST co-chair Harold Varmus is likely to be nominated to head the institute.

Cybersecurity Bill Advances. On March 24 the Senate Commerce, Science, and Transportation Committee approved a far-reaching cybersecurity bill, S.773. This measure, sponsored by Committee Chair John Rockefeller (D-WV), would authorize cybersecurity R&D and workforce development programs at NIST and NSF. It also seeks to improve coordination between the federal government and industry on cybersecurity issues and to increase government oversight of companies designated as "critical infrastructure." The bill now goes to the full Senate for further action.

Oceans and Human Health Bill through Committee. The Senate Commerce, Science, and Transportation Committee also passed S.1252, a bill reauthorizing the Oceans and Human Health Initiative through 2014. OHHI supports a wide variety of research examining the interactions between human health and the marine environment.

Executive Branch

White House RFI on Commercialization of University Research. On March 26 the White House issued a Request for Information (RFI) seeking public comment on the best ways to commercialize federally funded research, especially research conducted at U.S. universities. In addition, the White House is using the RFI to elicit thoughts on whether proof-of-concept centers such as the NSF Engineering Research Centers are an effective means for moving early-stage technologies into the development and commercialization phases of innovation. Public comments are due by April 26.

Additional Greenhouse Gas Monitoring Proposed. The Environmental Protection Agency has proposed adding the oil and gas sector, industries that emit fluorinated gases and facilities that inject carbon dioxide into the ground, to the list of sources that are required to report their annual greenhouse gas emissions to the government. This proposed rule would expand regulations issued last fall that required 31 industry sectors, covering 85% of total U.S. greenhouse gas emissions, to track and report their emissions. The rule will be open for public comment for 60 days after publication in The Federal Register.

Disagreements Surface on Nuclear Stockpile Policies. Officials at the National Nuclear Security Administration (NNSA) and the nation's three nuclear weapons labs (Los Alamos, Sandia, and Lawrence Livermore) have claimed that there are important differences between the classified and unclassified versions of a report by JASON (a government advisory group of independent scientists) on the life-extension programs for the nuclear stockpile that can lead to different policy choices. Last week, Rep. Michael Turner (R-OH), ranking member of the House Armed Services Committee's Subcommittee on Strategic Forces, released letters from the directors of the laboratories that stated specific disagreements with some of the conclusions in the unclassified version. Rep. Jim Langevin (D-RI), chair of the subcommittee, has requested a classified meeting that will include subcommittee members, NNSA Administrator Thomas D'Agostino, the three lab directors, and members of the JASONs to address the differences.

Elsewhere

Judge Strikes Down Human Gene Patents. A federal judge's decision on March 29, striking down a company's patents on two genes linked to breast and ovarian cancer, could have far-reaching consequences, legally, economically, and scientifically. The judge ruled that the patents were "improperly granted" since they depended upon isolating the DNA from the body in order to supposedly make it patentable, a move that critics of gene patents called "a lawyer's trick." Plaintiffs had also argued that the patents stifled research and limited patients' testing options. The case is likely to be appealed but, if upheld, will likely have widespread effects on biotechnology firms, university research, and the delivery of health care.

Appeals Court Rules on Patentability of Basic Research. The U.S. Court of Appeals for the Federal Circuit last week upheld a ruling that may make it more difficult for university scientists, engineers, and their institutions to patent their basic research. The 9-2 decision (Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company) stated that "the patent law has always been directed to … inventions of a practical use;" and further that "patents are not awarded for academic theories, no matter how groundbreaking or necessary to the later patentable inventions of others." The court was aware of the likely effects of its decision, saying: "Universities may not have the resources or the inclination to work out the practical implications" of the research they do, and that might mean universities become "disadvantaged" when seeking patents.

"Academic Inventors' Bill of Rights" Proposed. At the Association of University Technology Managers (AUTM) Annual Meeting last week, a proposal for an "Academic Inventors' Bill of Rights" was unveiled for comment. The authors, Alan Bentley, Director of Commercialization for Cleveland Clinic Innovations, and Dr. Renee Kaswan, a former research professor at the University of Georgia and inventor of the eye drug Restasis® and founder of IPAdvocate.org, argue for greater rights for academic researchers. The "Bill of Rights" states, among other things, that inventors should be allowed to consult with outside firms in accordance with conflict of interest policies, and that the inventors should retain the intellectual property created under such consulting agreements.

Ayala Awarded Templeton Prize. UC-Irvine Professor Francisco Ayala, an expert on evolution and genetics and a former president of AAAS, has won this year's Templeton Prize, a prize worth about $1.5 million, which is given to someone who has contributed to "affirming life's spiritual dimension, whether through insight, discovery, or practical works." In addition to his scientific accomplishments, Ayala has also been a vocal critic of intelligent design and a strong advocate for the teaching of evolution.

AAAS Advocates Uniform Science Standards for U.S. Schools. While the nation's governors and state school officers have proposed uniform standards in English and mathematics for all students in American public schools, science also should be included in the standards, Shirley Malcom, AAAS director of Education and Human Resources, and Alan I. Leshner, AAAS chief executive officer and executive publisher of Science, wrote in a 28 March op-ed in the Richmond Times-Dispatch. While the proposed standards are an excellent first step, Malcom and Leshner say Virginia and the other states also must adopt common learning standards for science if the nation's students are to acquire the skills they need to compete for the best jobs in the world of the future.

Massachusetts to Tie College Goals to Economy? Since 1997, the Massachusetts Technology Collaborative has been publishing an Index of the Innovation Economy, tracking a variety of indicators within the state. Now, the Board of Higher Education in Massachusetts is planning to change the way public universities and colleges of the state measure and report educational and research outcomes. The proposal, called the Vision Project, will incorporate ties to the state economy into the indicators of success. Among the goals are alignment of degree production with key areas of workforce need and leadership in research that drives economic development. A PowerPoint presentation on the project is available at http://www.mass.edu/aboutus/documents/2010-03-16ReportonVisionProject.ppt.

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Pharmaceutical Firms to Provide Low-Cost Vaccines to Poor Nations. Under an agreement brokered by the nonprofit Global Alliance for Vaccines and Immunization (GAVI), Pfizer and GlaxoSmithKline have agreed to provide vaccines for pneumococcal disease, including pneumonia and meningitis, at costs far below market, to the world's poorest nations. The governments of Italy, the United Kingdom, Canada, Russia, and Norway as well as the Gates Foundation have committed a total of $1.5 billion to underwrite the ten-year program which will provide the vaccines initially for $7 a dose and later for $3.50 a dose. In Western countries the vaccines sell for $54 to $108 per dose.


Archived issues of AAAS Policy Alert can be found at http://www.aaas.org/spp/policyalert.



Publisher: Alan I. Leshner
Editor: Steve Nelson
Contributors: Joanne Carney, Patrick Clemins, Ed Derrick, Mark Frankel, Erin Heath, Earl Lane, Shirley Malcom, Jonathan McMurry, Gretchen Seiler, Peter Sprunger, Al Teich, Ric Weibl, Kasey White, Brad Wible

NOTE: The AAAS Policy Alert is a newsletter provided to AAAS Members to inform them of developments in science and technology policy that may be of interest.  Information in the Policy Alert is gathered from published news reports, unpublished documents, and personal communications.  Although the information contained in this newsletter is regarded as reliable, it is provided only for the convenience and  private use of our members.  Comments and suggestions regarding the Policy Alert are welcome.  Please write to alert@aaas.org.




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