AAAS Policy Alert -- December 21, 2011

IN THIS ISSUE

BUDGET NEWS


Late last week the House and Senate passed the FY 2012 Consolidated Appropriations Act, a $915 billion compromise package containing the nine remaining spending bills for FY 2012. The bill covers spending in Defense, Energy and Water, Interior and Environment, and other areas. At press time, the final bill had been sent to the White House and was awaiting the President’s signature. Over the weekend the President signed into law a continuing resolution keeping the government funded through Friday, Dec. 23. Should the President sign the compromise bill this week as expected, it would mark the first time since 2009 that Congress was able to enact every spending bill prior to the year’s end. Overall, the bill reduces discretionary spending across the nine areas by $6 billion below FY 2011 levels, far below the Administration’s FY 2012 request. When combined with the November $120 billion “minibus” appropriations bill, the spending package allows Congress to meet the $1.043 trillion dollar discretionary spending cap agreed to in last summer’s debt ceiling agreement.

The impact of the FY 2012 compromise bill on R&D funding appears to vary by agency, but many key areas will receive moderate increases. According to initial AAAS analysis, for instance, funding for Department of Defense R&D, Testing, and Evaluation will see a $2.6 billion or 3.4% decrease from FY2011 levels; on the other hand, basic and applied Defense research will actually see a combined increase of $421 million, or 6.5%. The National Institutes of Health, the Department of Energy’s Office of Science, and the Centers for Disease Control and Prevention all will see modest increases of 1% or less, although hundreds of millions below the Administration’s request in each case. Funding for DOE’s Office of Energy Efficiency and Renewable Energy will stay nearly the same as FY 2011 levels. EPA’s overall budget will see a roughly 3% (or $233 million) reduction, including a 6% or $14 million decrease in climate and air quality research.

A full analysis of the FY 2012 spending bill is forthcoming this week. Please visit AAAS R&D Budget and Policy Program Website for further updates.

OTHER CONGRESSIONAL NEWS


Final Defense Authorization Bill Includes SBIR Language. The final FY 2012 authorization bill for the Department of Defense (H.R. 1540) retained language to reauthorize the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The final bill, which President Obama is expected to sign into law, would increase the current 2.5% set-aside (taken from the annual R&D budgets of all federal agencies with R&D above $100,000) to fund SBIR programs in all agencies. However, the final language was amended to lower the overall goal for the increase, from the original 3.5% over twelve years to 3.2% over six years. The legislation also requires the Government Accountability Office (GAO) to conduct a study of defense science and technology research including "investment strategy, technology development, and transition activities."

Hearing Airs Conflict at NRC. The House Committee on Oversight and Government Reform, chaired by Rep. Darrell Issa (R-CA), held a hearing on Dec. 14 to look into an internal conflict reportedly affecting the functioning of the Nuclear Regulatory Commission (NRC). Four of the five Commissioners had written to the White House in October expressing concerns about the leadership of chairman Gregory Jaczko. At the hearing, which The Washington Post described as "dramatic" and "often tense," Jaczko, appointed by President Obama in 2009, denied the allegations and defended his leadership of the NRC, repeatedly telling the Committee that he was "passionate about safety." According to the Post account, Chairman Issa indicated he would reserve judgment on Jaczko in order to give the commissioners a chance to resolve their differences, but House Science, Space, and Technology Committee Vice Chairman James Sensenbrenner (R-WI) and two subcommittee chairs immediately called for Jaczko to step down (see press release).

PAHPA Advances. The bill to reauthorize the Pandemic and All-Hazards Preparedness Act (PAHPA) was approved by the Senate Health, Education, Labor and Pensions Committee on Dec. 14, a week after the House passed its version. The bill now goes to the Senate floor. The original PAHPA created new authority for the government to advance the development of vaccines and other resources critical for public health preparedness.

Senators Introduce Bill to Spur Innovation. On Dec. 8 Senators Jerry Moran (R-KS) and Mark Warner (D-VA) introduced The Startup Act (S. 1965) to spur investment in small businesses, accelerate commercialization, and create a new visa for foreign students in STEM fields. The bill would create a new grant program to be managed through the Department of Commerce for universities “to improve commercialization capacity” and to allow faculty “to approach technology transfer programs outside their institution of employment.” The program would be funded by creating a new set-aside of 1.5% from the federal R&D budget.

EXECUTIVE BRANCH


Bioethics Commission Releases Report on Human Subjects Research. The Presidential Commission for the Study of Bioethical Issues has released its second report related to human subjects research. (The first, released in September, examined a case of unethical government-funded research that took place in Guatemala in the 1940s.) The latest report, Moral Science, looks at the current state of human subjects research protections and finds that the U.S. government has a robust set of protections. It lays out 14 recommendations for strengthening those protections. They pertain to improving accountability, transparency and education, as well as harmonizing federal regulations.

GAO Report Examines ARRA Job Creation Through NIH. The Government Accountability Office has released a report examining jobs created through funding provided to the National Institutes of Health through the American Recovery and Reinvestment Act of 2009 (ARRA). The report states that full-time equivalent jobs supported by NIH recovery funds went from 12,000 at the end of 2009 to 21,000 in mid-2011.

OSTP Releases STEM Education Portfolio. The White House Office of Science and Technology Policy has issued a detailed catalogue of all federal programs pertaining to science, technology, engineering and math education. The Federal Science, Technology, Engineering, and Mathematics (STEM) Portfolio shows an overall federal investment in STEM education of $3.4 billion in FY 2010.

Public Input Sought for Startup America Policy Challenge on Clean Energy. Public comments are being sought for the Startup America Policy Challenge on Clean Energy. As announced on the White House blog, individuals are encouraged to share their thoughts through Quora, an “idea-sharing platform,” about the primary barriers and potential policy solutions for bringing clean energy technologies into the marketplace.

NASA Releases Scientific Integrity Policy. NASA has joined the list of federal agencies submitting scientific integrity policies in response to a memorandum issued by the White House Office of Science and Technology Policy in Dec. 2010. Among other things, NASA’s policy stresses that “NASA scientists may speak freely with the public about scientific and technical matters,” and that “it is NASA policy that political officials should not suppress or alter scientific or technological findings and that in no circumstance may public affairs officers ask or direct Federal scientists to alter scientific findings.” 

FDA Science Board to Meet, Seeks Nominations. The Science Board to the FDA will hold a public meeting on Jan. 6, 2012.  The Board advises the FDA on complex scientific issues as well as on emerging trends in academia and industry. Included on the meeting agenda will be discussion of the FDA’s Scientific Integrity Policy.  Details appear here. In a related announcement, the FDA is seeking nominations for membership on its Science Board. 

ELSEWHERE


IOM Report Would Restrict Using Chimpanzees in Research. On Dec. 15 the Institute of Medicine, released its report, “Chimpanzees in Biomedical and Behavioral Research: Assessing the Necessity.” Although it did not propose an outright ban on all research using chimpanzees, it did recommend stringent criteria that would eliminate a significant portion of biomedical chimpanzee research. The recommendations apply to all chimpanzees owned by NIH, housed in NIH-supported facilities, or involved in NIH-supported research. Following release of the report, NIH Director Francis Collins issued a statement accepting the IOM committee’s recommendations. He announced the formation of a working group to plan implementation of the report’s recommendations. He said further that all current research using chimpanzees will be reviewed, and if it does not meet the criteria, it will be phased out. New proposals for research with chimpanzees are suspended, pending further notice.

Animal Rights Group Challenges Animal Enterprise Terrorism Act. A group of animal rights activists filed a lawsuit in federal court in the District Court of Massachusetts challenging the constitutionality of the Animal Enterprise Terrorism Act (AETA) (more details found here). The suit claims that the Act violates the First and Fifth Amendments of the Constitution and that the group feels restricted from engaging in protests and undercover filming operations due to possible prosecution under AETA.

Judge to Review Researcher Notes. A federal judge will review notes of Boston College historians who interviewed key figures about the period of violence in Belfast in the late 1960s. The British government, with backing from U.S. Justice Department, sought to compel the court to order Boston College to turn over the relevant records. In the ruling, which Boston College will not appeal, the judge indicates that targeting “confidential academic information deserves heightened scrutiny,” given “the potential chilling effects on academic research.”
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Research Universities Retain High Credit Ratings. A Moody’s Investors Service report finds that the 100 U.S. research universities that borrow from capital markets have “sufficient strength to maintain high ratings” despite the challenges of federal and state funding reductions and other emerging challenges.

UK Government Embraces Public Access. The UK government has issued a policy document, Innovation and Research Strategy for Growth, supporting the idea that published work stemming from publicly funded research should be made publicly available. Science Minister David Willetts is exploring ways that the government might encourage public access.

Canada Withdraws from Kyoto Protocol. The Environment Minister of Canada’s Conservative government has announced that Canada is formally withdrawing from the Kyoto Protocol. (See the Guardian report here.) The announcement came shortly after the conclusion of the U.N. climate change summit in Durban, South Africa. Had it remained in the agreement, Canada would have been required to buy several billion dollars worth of carbon offsets. The government has committed to much smaller reductions than those required in the Kyoto agreement.

The Policy Alert will not publish next week. It will resume publication the week of January 2, 2012.

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, Ed Derrick, Mark Frankel, Erin Heath, Matt Hourihan, Earl Lane, Anne Poduska, Deborah Runkle, Gretchen Seiler, Al Teich, Ric Weibl

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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