What's New @ IEEE-USA -
Eye On Washington
Vol. 2007, No. 14 (27 November 2007)
1)
CAPITOL HILL WATCH
- Appropriations Outlook?
- Future of Global Warming Bill Uncertain
2) WHITE HOUSE & EXECUTIVE AGENCY WATCH
- President Honors Mentors of Scientists and Engineers: Eleven awards recognize those who broaden opportunities and support success in the sciences
- NSFNET: "The Partnership that Changed the World"
3) REPORTS, SPEECHES &
DOCUMENTS OF NOTE
4) U.S. COURTS ACTIVITY
- Supreme Court: Tech Case May Shape Rule On Patent 'Exhaustion'
5) U.S. STATES WATCH
6) AWARDS & GRANTS
7) CONFERENCES, FELLOWSHIPS, PROGRAMS & INTERNSHIPS FOR ENGINEERS, and STUDENTS and SCHOLARS OF ENGINEERING
8) LATEST IEEE-USA & IEEE ACTIVITIES
9) OTHER ITEMS OF POSSIBLE INTEREST
1) CAPITOL HILL WATCH
Congress returns to work on December 3rd with only one of the 12 "must pass" appropriations bills signed into law. The White House signed the defense funding bill on November 13th. Congress also sent the Labor-HHS-Education appropriations bill to the White House, however the President vetoed the bill saying it “spends too much” and “has too many earmarks.” The House attempted to override the veto; the tally was two votes short of what was needed.
After the failed override, Senate Majority Leader Harry Reid (D-NV) stated the Congress would now bundle the remaining funding bills and send the President a bill splitting the difference between the White House budget number and the $22 billion that the President accuses Congress of overspending. Congressional leaders hope that by splitting the difference between what they want to spend in FY 2008 and what the President has set as his limit, they can break the logjam. The President has threatened to veto Congress’ spending bills since earlier this year and has not compromised since.
A spokesman for the Office of Management and Budget gave little support to this split-the-difference proposal, saying that Congress should send the remaining eleven bills to the President on an individual basis. That approach is unlikely... and "untraditional." The appropriations bills faced the same dilemma at this time last year when Republicans controlled both chambers; bills were then bundled and sent to the White House. Congress frequently bundles appropriations bills to get them enacted, and President Bush has previously signed 27 such bills.
Science and technology programs face significant consequences under the contemplated compromise. It is estimated that the appropriations subcommittees would have between 2 and 3 percent less to spend. Although it is too early to know how such a reduction would be applied to individual programs, NASA's science programs could lose $170.9 million, and the National Science Foundation could lose $195.3 million, for example.
Many other programs will also suffer should Congress end up splitting the difference between what House Appropriations Committee Chairman David Obey (D-WI) calls the President’s “wholly inadequate budget” and Congress’ version. Meeting the President halfway would put medical research $700 million below the bill Congress considered. “That means about 700 fewer grants for research to treat and cure so many deadly diseases," said Obey.
The Democratic leadership hopes to attract enough Republicans to either support a veto override or this compromise approach. Said David Hobson (R-OH), Ranking Member on the House Energy and Water Development Appropriations Subcommittee: "There comes a time when you both have made your points and it is time to make a deal."
- Future of Global Warming Bill Uncertain
S. 2191, the “global warming bill” sponsored by Joseph Lieberman (I-Conn.), and John Warner (R-Va.), is scheduled for a Senate Environment Committee mark up on December 5th. The bill narrowly won subcommittee approval November 1st. Most Republicans on the full committee are likely to vote against it, while several Democrats have flagged concerns they want addressed in order to ensure their support.
The bill caps emissions of greenhouse gases and set up a market-based trading system for polluting industries. Environment and Public Works Chairwoman Barbara Boxer (D-Calif.) has made this bill a priority and says that it could move to the floor early next year. Boxer prepared a chairman’s mark of the legislation, making several changes to the bill approved in subcommittee.
One key change is to increase the percentage of emission allowances to be auctioned to industry – rather than given away – in the early years of the program. Environmentalists strongly favor the auction approach, maintaining that free allowances would lead to windfall profits for businesses. The government would use some of the revenue from the auctions for technology deployment and to help low-income energy consumers. The bill begins by auctioning around one-fourth of the allowances in 2012, gradually ramping up to slightly more than 70 percent in 2031. The previous version of the bill auctions fewer allowances at the outset and plateau at 73 percent in 2036. Committee members such as Frank Lautenberg (D-N.J.) and Bernie Sanders (I-Vt.) pushed for increasing the amount of auctioned allowances under the bill.
The revised version also expands the scope of facilities required to comply with the emissions cap. During the subcommittee markup, Lautenberg successfully offered an amendment to expand the coverage to natural gas emissions from residential and commercial uses, rather than just industrial uses. The new language specifies that natural gas processing plants must comply with the bill. It also covers producers of natural gas in Alaska and any importer of natural gas, including in liquid form.
Thomas Carper (D-Del.) pushed for the bill to regulate several air pollutants from power plants unrelated to global warming. The new version of the bill does not control these pollutants, but requires EPA reports to Congress on the latest scientific information on the health effects of mercury pollution. The EPA is also to report on how limits on greenhouse gases indirectly help states meet clean air standards for ozone and particulate matter.
Another adjustment to the bill changes the requirements for hydrofluorocarbons, used as substitutes for other chemicals that were phased out because of their ozone-depleting potential. They are among the greenhouse gases regulated under the bill. The chairman’s mark allows hydrofluorocarbon producers to trade emission allowances with each other, but not with facilities producing other greenhouse gases such as carbon dioxide. Because hydrofluorocarbons are much more potent than other greenhouse gases, some have feared producers would simply sell allowances and move offshore.
Despite the changes, the early December markup is certain to be contentious. Given the number of amendments possible, Boxer said she is prepared for the markup to last more than one day. Many Republicans on the committee have objected, saying they do not know enough about how S. 2191 affects the economy. Lieberman and Warner have asked the EPA and the Energy Information Administration to analyze the economic impacts of the bill, but the analyses are not expected to be ready before the markup.
IEEE-USA's Energy Policy Committee works to assist in the resolution of energy problems by providing rational, sound, technical and professional counsel based upon IEEE's best resources on these problems. A major portion of the efforts of the Energy Policy Committee are directed towards the energy-related activities of the legislative and executive branches at all levels of the United States government
2) WHITE HOUSE & EXECUTIVE AGENCY WATCH
- President Honors Mentors of Scientists and Engineers: Eleven awards recognize those who broaden opportunities and support success in the sciences
The value of mentoring in developing the scientists of the future was at front and center with the latest Presidential Awards for Excellence in Science, Mathematics and Engineering Mentoring (PAESMEM), a program supported and administered by the National Science Foundation (NSF). The White House announced the winners of the 2006 competition -- comprising 10 individuals and one organization and representing a number of scientific disciplines -- on November 16th.. For more information: http://www.nsf.gov/news/news_summ.jsp?cntn_id=110716
- NSFNET: "The Partnership that Changed the World"
29 NOV: Many of the early researchers and scientists responsible for the development of the Internet as we know it today will come together in Northern Virginia this week. These Internet pioneers will take part in an event that marks the 20th anniversary of the initiative to upgrade NSFNET, a set of projects and networking activities that became the direct predecessor of today's Internet.
At the celebratory event, which takes place November 29-30 in Arlington, Va., participants will discuss NSFNET's history, celebrate its contributions, and consider the major impact the Internet has had on science, education, research and commerce. For more information: http://www.nsf.gov/news/news_summ.jsp?cntn_id=110776
3) REPORTS, SPEECHES & DOCUMENTS OF NOTE
- Government Accountability Office
26 OCT: Federal Electricity Subsidies: Information on Research Funding, Tax Expenditures, and Other Activities That Support Electricity Production GAO-08-102
26 OCT: Fusion Energy: Definitive Cost Estimates for U.S. Contributions to an International Experimental Reactor and Better Coordinated DOE Research Are Needed GAO-08-30
17 OCT: Critical Infrastructure Protection: Multiple Efforts to Secure Control Systems Are Under Way, but Challenges Remain GAO-08-119T
31 OCT:
Critical Infrastructure Protection: Sector-Specific Plans' Coverage of Key Cyber Security Elements Varies GAO-08-113
16 OCT:
Aviation Security: DHS Has Made Progress in Securing the Commercial Aviation System, but Key Challenges Remain GAO-08-139T
30 OCT:
Private Pensions: Information That Sponsors and Participants Need to Understand 401(k) Plan Fees GAO-08-222T
23 OCT:
Internet Infrastructure: Challenges in Developing a Public/Private Recovery Plan GAO-08-212T
18 OCT:
Intellectual Property: Risk and Enforcement Challenges GAO-08-177T
23 OCT:
Geostationary Operational Environmental Satellites: Further Actions Needed to Effectively Manage Risks GAO-08-183T
4) U.S. COURTS ACTIVITY
- Supreme Court: Tech Case May Shape Rule On Patent 'Exhaustion'
The Supreme Court will usher in 2008 with a high-profile technology case involving a major patent dispute between a group of Taiwanese computer manufacturers and their South Korean competitor. The oral argument is scheduled for January 16th.
The plaintiffs, led by Quanta Computer, want the court to upend a 2006 ruling by the Federal Circuit Court of Appeals that they claim would let patent holders -- like rival LG Electronics -- inappropriately seek royalties from multiple companies.
Consumers Union, the Electronic Frontier Foundation (EFF)and Public Knowledge recently filed a brief arguing that the court incorrectly interpreted a principle that says patent owners "exhaust" their rights after a product is sold and cannot continue imposing post-sale conditions or filing infringement suits. The watchdog groups, and numerous other Quanta supporters, claim that letting patent owners impose such use restrictions could harm consumers. They say contract law is the proper tool for protecting a patentee's legitimate interest in restricting post-sale uses.
The EFF brief argues that failing to rule in Quanta's favor could lead to "increased information costs when trying to ascertain restrictions on patented goods."
Cisco Systems, Dell, Hewlett-Packard and the online auction site eBay filed their own brief elaborating on perceived problems with the current regime. The American Antitrust Institute (AAI) and Computer and Communications Industry Association (CCIA) also weighed in, urging the justices to overturn the appeals court.
AAI's brief argued that the court's ruling "creates uncertainty for downstream purchasers, allows for enforcement of conditions as a matter of patent infringement that may not be enforceable under contract law, and tends to restrict the proper application of the antitrust laws."
CCIA wrote that the appellate panel's ruling "will create a shadow economy of permissions that advantage opportunists, especially those who own patents outside their core business and so have little need to cooperate in promoting stable and predictable markets in those areas."
U.S. Solicitor General Paul Clement also argued that the judgment should be vacated and remanded, noting that the decision "rests on the same erroneous understanding of patent exhaustion that infuses the federal circuit's approach to this area of the law." But LG attorney Richard Taranto stated in court documents that the ruling was correct and that "petitioners strain to make a broad doctrinal issue out of a narrow case-specific ruling." He said the case does not have broader industry impact.
In a recent analysis for the Patently-O blog, Fordham University law professor Mark Patterson said it "seems probable that the Supreme Court will reverse or at least vacate the federal circuit's Quanta decision" and likely will hold that "sales of patented products exhaust the ... rights." He said two questions arise, however: Will the court define the difference between a sale and a license, and does the exhaustion rule apply if a product sold is only a component of an invention?
IEEE-USA's Intellectual Property Committee provides input to Congress and the administration on on intellectual property matters as they relate to the IEEE's U.S. membership (employed engineers, faculty, scientists, inventors, entrepreneurs, etc.), fast moving technology, technology transfer, and U.S. competitiveness. The IPC prepares testimony and position statements, drafts legislation, and delivers expert testimony before the U.S. Congress and the United States Patent and Trademark Office. The committee meets quarterly and held their final 2007 meeting on November 16th.
5) US STATES WATCH
No items at this time.
6) AWARDS & GRANTS
The American Association for the Advancement of Science has a service called GrantsNet Express. Each week GrantsNet will provide a listing of science funding opportunities from private foundations and organizations, and new U.S. government grant announcements in the sciences. AAAS will send GrantsNet by e-mail to AAAS member subscribers. The weekly emails will include: — New science funding programs, divided into opportunities for postdocs/graduate students and undergraduates — Submission deadlines for funding opportunities scheduled in the upcoming week — New listings of funding for science-related research.
- National Science Foundation
For information on
NSF Engineering (ENG) Active Funding Opportunities, visit: http://www.nsf.gov/funding/pgm_list.jsp?org=ENG
7) CONFERENCES, FELLOWSHIPS, PROGRAMS & INTERNSHIPS FOR ENGINEERS, and STUDENTS & SCHOLARS OF ENGINEERING
No items at this time.
8) LATEST IEEE-USA & IEEE ACTIVITIES
Registration is now open for the Science, Engineering, Technology 2008
Congressional Visits Day (CVD)scheduled for March 4 and 5 in Washington, DC.
CVD is sponsored by a coalition of private sector companies, professional
societies, and educational institutions. The objective of the event is
to demonstrate the importance of science, engineering and
technology to our Nation's future growth with Congressional decisionmakers.
Approximately 200 scientists, engineers and technologists from around the
country will meet here in Washington with Members of Congress and the
Administration in a series of briefings and meetings during the two-day event. We are especially
interested in attracting first-time attendees and students this year.
If interested, please register for CVD online at:
http://www.ieeeusa.org/policy/cvd/2008/CVD2008.pdf
Registration Deadline 20 FEBRUARY 2008
- IEEE-USA Government Fellowships: Linking Engineers With Government
Application information for the 2009 Fellowships is available online: Congressional and Engineering & Diplomacy. The deadline for both is 14 MARCH 2008.
***Please note, the eligibility requirements and stipend levels have changed for the 2009 fellowship year.
The Washington Internship for Students of Engineering (WISE) Sponsoring societies are seeking applications for the 2008 Summer program. The application deadline is 31 December 2007. Application forms are currently available. IEEE sponsors three interns every year; IEEE TAB, IEEE Life Members Committee and IEEE-USA each sponsor one intern.
- FYI - Recent IEEE-USA Letters to Congress
For a list of all IEEE-USA communications with Congress and the executive branch, please visit: http://ieeeusa.com/policy/policy/index.html
All of IEEE-USA's letters and position statements are developed by committees comprised of IEEE-USA members. To see a list of committees visit: http://ieeeusa.org/policy/committees.asp
- Track IEEE-USA's Progress
Review IEEE-USA's year-to-date progress in working for the IEEE U.S. members at the new IEEE-USA Year-in-Review Web page. Check out what IEEE-USA activities and programs helped the IEEE U.S. members in 2004 at the new IEEE-USA Annual Report online. And find out what's on IEEE-USA's agenda through 2009, with the new, online IEEE-USA Strategic & Operational Plan.
For the IEEE-USA Year-in-Review, go to:
http://www.ieeeusa.org/about/yearinreview.asp
For the IEEE-USA Annual Report, go to:
http://www.ieeeusa.org/about/Annual_Report/2004.pdf
For the IEEE-USA Strategic & Operational Plan, go to:
http://www.ieeeusa.org/volunteers/strategicplan/index.html
Read a full listing of IEEE-USA lobbying activities on our web site at: http://ieeeusa.com/policy/policy/index.html
Many newly approved position statements are now available online at:
http://ieeeusa.com/policy/positions/index.html
For more IEEE-USA in the News items, see: http://ieeeusa.org/communications/inthenews/default.asp.
9) OTHER ITEMS OF POSSIBLE INTEREST
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IEEE-USA
What's New @ IEEE-USA's Eye on Washington highlights important federal legislative and regulatory developments that affect U.S. engineers and their careers. In addition to this biweekly newsletter, subscribers receive legislative bulletins and action alerts on IEEE-USA priority issues, including: retirement security, employment benefits, research & development funding, computers and information policy, immigration reform, intellectual property protection and privacy of health/medical information.
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Copyright © 2007, The Institute of Electrical and Electronics Engineers, Inc. Permission granted to copy for personal use or for non-commercial republication with appropriate attribution.
Updated:
29 November 2007
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