What's New @ IEEE-USA - Eye On Washington

Vol. 2008, No. 13 (30 September 2008)

CAPITOL HILL ACTIVITY

EXECUTIVE ACTIVITY

REPORTS & DOCUMENTS OF NOTE

U.S. STATES WATCH

AWARDS & GRANTS

CONFERENCES, FELLOWSHIPS, PROGRAMS & INTERNSHIPS FOR ENGINEERS

LATEST IEEE-USA & IEEE ACTIVITIES

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CAPITOL HILL ACTIVITY

New Patent Reform Efforts From the Senate

Senate Minority Whip John Kyl (R-Az.) introduced S. 3600, a marker bill (bills proposed as"placeholders" and used to introduce specific issues into debate, not intended to ever come to a floor vote) in the ongoing battle to overhaul the U.S. patent system. S. 3600 departs substantially from the bill (S. 1145) Senators Patrick Leahy (D-Vt.) and Orrin Hatch (R-Ut.) introduced last year.The Kyl bill, the result of months of meetings with critics of S. 1145, boosts Patent and Trademark Office authority on a number of fronts, but does not grant the agency its biggest wish: mandatory applicant quality controls. Rather than requiring each application to be accompanied by a search report and analysis relevant to patentability, S. 3600 makes that process voluntary and offers incentives for compliance.

Kyl's measure changes the "inequitable conduct" doctrine, which would require patent applicants to be more forthcoming to the PTO or face hefty fines. But unlike previous legislation, S. 3600 addresses allegations of misconduct administratively rather than through the courts. The bill also makes permanent PTO's authority over money earned from patent and trademark applications. In recent years, appropriators have let the agency keep the funds instead of diverting them to unrelated projects. Senator Tom Coburn (R-Okla.) and others believe permanence would lead to more certainty in longer-term budgeting at the PTO.

Under S. 3600, individuals could challenge patents after they are granted through a first window of nine months after the grant of a patent or issuance of a reissue patent, and during a limited second window that includes subject matter restrictions. However, sources said the Kyl bill does not require the threat of a lawsuit as a trigger for post-grant review and otherwise does not meet the PTO's vision of a second window serving as a more efficient alternative to litigation. While the Kyl bill has not been endorsed by the Bush administration, agency officials and representatives from the pharmaceutical and life-sciences industries, small tech firms, and others whose business models depend on patent licenses, were consulted regularly as the bill was drafted.

Absent from the talks were major high-tech and media firms that belong to the Coalition for Patent Fairness. Cisco Systems, Google, Microsoft, Time Warner Inc., and other fans of Leahy's bill believe the way damages are awarded in patent lawsuits needs to change drastically. Under Kyl's plan, are urged to use precise economic analyses to gauge damages rather than less exact calculations. According to a CPF statement, Kyl's bill "will not fix the nation's patent system, which is broken and draining critical resources from healthy sectors of our economy."

Leahy and Judiciary committee ranking member Arlen Specter (R-Pa.) have indicated that patent reform is a top priority for the Judiciary Committee in 2009; Leahy is expected to reintroduce a new version of S. 1145 and move it through the committee. The situation is more uncertain in the House since Judiciary Chair Howard Berman (D-Calif.) plans to move to the chairmanship of the Foreign Affairs Committee if Democrats retain control.

House and Senate FY 2009 Appropriation Bills for DOD S&T

The Coalition for National Security Research has compiled numbers, taken from committee prints, for defense science and technology program funding in the FY 2009 Defense Appropriations bills. Although the bills have not passed the full House and Senate Appropriations Committees, the numbers provide an indication of the appropriators' approach to funding for the basic research, applied research, and advanced technology programs. The Defense Appropriations bill has been slated for inclusion in a continuing resolution which will provide funding for government programs in FY 2009, which begins October 1. Also included are the budgets for homeland security, and military construction, and veterans affairs.

All percentage changes are based on the current FY 2008 budget. No allowances have been made for program changes or earmarked funding. The Administration's request does not include funding for the continuation of earmarked projects,
resulting in FY 2009 requests that in some cases are less than this year's budget.

AGGREGATE 6.1 BASIC RESEARCH
The current budget is $1,634 million.
The Administration requested $1,699 million, an increase of $65 million or 4.0 percent.
House appropriators recommended $1,816 million, an increase of $182 million or 11.2 percent.
Senate appropriators recommended $1,669 million, an increase of $35 million or 2.2 percent

AGGREGATE 6.2 APPLIED RESEARCH
The current budget is $5,058 million.
The Administration requested $4,245 million, a decrease of $813 million or 16.1 percent.
House appropriators recommended $4,886 million, a decrease $172 million or 3.4 percent.
Senate appropriators recommended $4,619 million, a decrease of $439 million or 8.7 percent.

AGGREGATE 6.3 ADVANCED TECHNOLOGY DEVELOPMENT
The current budget is $5,987 million.
The Administration requested $5,532 million, a decrease of $455 million or 7.6 percent.
House appropriators recommended $6,182 million, an increase of $195 million or 3.3 percent.
Senate appropriators recommended $5,869 million, a decrease of $118 million or 2.0 percent.

TOTAL 6.1, 6.2, AND 6.3
The current budget is $12,679 million.
The Administration requested $11,475 million, a decrease of $1,204 million or 9.5 percent.
House appropriators recommended $12,884 million, an increase of $205 million or 1.6 percent.
Senate appropriators recommended $12,157 million, a decrease of $522 million or 4.1 percent.

TOTAL ARMY 6.1, 6.2, and 6.3
The current budget is $2,891 million
The Administration requested $1,842 million, a decrease of $1,049 million or 36.3 percent.
House appropriators recommended $2,838 million, a decrease of $53 million or 1.8 percent.
Senate appropriators recommended $2,402 million, a decrease of $489 million or 16.9 percent.

TOTAL NAVY 6.1, 6.2, AND 6.3
The current budget is $2,021 million
The Administration requested $1,840 million, a decrease of $181 million or 8.9 percent
House appropriators recommended $1,971 million, a decrease of $50 million or 2.5 percent
Senate appropriators recommended $2,063 million, an increase of $42 million or 2.1 percent.

TOTAL AIR FORCE 6.1, 6.2, AND 6.3
The current budget is $2,255 million
The Administration requested $2,074 million, a decrease of $181 million or 8.0 percent.
House appropriators recommended $2,261million, an increase of $6 million or 0.3 percent.
Senate appropriators recommended $2,275 million, an increase $20 million or 0.9 percent.

TOTAL DEFENSE-WIDE (DARPA, ETC.) 6.1, 6.2, AND 6.3
The current budget is $5,512 million
The Administration requested $5,718 million, an increase of $206 million or 3.7 percent.
House appropriators recommended $5,814 million, an increase of $302 million or 5.5 percent.
Senate appropriators recommended $5,518 million, an increase of $6 million or 0.1 percent.

NASA Bill on Fast Track to the White House

With unanimous support, the House of Representatives passed H.R. 6063, the National Aeronautics and Space Administration Authorization Act of 2008, authorizing programs at NASA for FY 2009. The bill now goes to the White House for approval.

H.R. 6063 keeps NASA on its current path toward completing the International Space Station, transitioning from the Space Shuttle to the new Constellation launch systems, and maintaining a balanced set of science and aeronautics research programs. The bill authorizes $20.2 billion for NASA for FY 2009--including $1 billion to accelerate development of the Constellation systems. The Constellation system, consisting of the Orion crew exploration vehicle and Ares launch vehicles, will provide the United States with a modern, more robust and safer manned space flight capability, as well as the ability of our astronauts to fly out of Low Earth orbit, something the U.S. has not had since the retirement of Apollo more than 30 years ago.

H.R. 6063 also directs NASA to fly two contingency Shuttle missions to help ensure the safety and long-term viability of the International Space Station, and adds an additional flight to deliver the Alpha Magnetic Spectrometer (AMS) to the ISS. The AMS is an experiment managed by the Department of Energy to study charged particles in Cosmic rays before they are absorbed by the Earth’s atmosphere.

The Senate version of the bill added language that directs NASA to suspend any activities between now and 30 April 2009 that could preclude operation of the Space Shuttle after 2010. This will provide an opportunity to the incoming Presidential Administration to evaluate the Space Shuttle’s retirement.

House Clears Measure Increasing Damages for Copyright Infringement

28 SEPT: The House cleared S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, legislation aimed at combating copyright infringement by increase the damage awards imposed in counterfeiting cases. The Senate passed the bill by voice vote on 26 September after removing a provision allowing the Justice Department to file civil lawsuits rather than leaving it to private parties.

"Intellectual property makes up some of the most valuable, and most vulnerable, property we have," said sponsor Senator Patrick Leahy (D-Vt.). "We need to do more to protect it from theft and abuse if we hope to continue being a world leader in innovation."

The movie and recording industries pushed for the legislation, but several nonprofit and library groups, including the Electronic Frontier Foundation, Consumers Union and Public Knowledge, questioned the need to give the Justice Department authority to sue.

Worth Writing to Your Congressman About...

If you've got big ideas about how we can save all of that potential renewably generated electricity, this new piece of legislation is a good reason to write to your congressmen, asking for his/ her support.

HR 6882, sponsored by Louie Gohmert (R-Tex.) — A bill to authorize the National Science Foundation to award a monetary prize for achievement in electricity storage. (Last Major Action: Sept. 11, 2008 — Read twice and referred to: House Science and Technology. Congressional Record p. H8049)

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EXECUTIVE ACTIVITY

National Science Board Nominees Sent to the U.S. Senate

16 SEPT: The White House sent the names of seven distinguished scientists, nominated to serve on the National Science Board (NSB), to the Senate for confirmation. Drawn from industry and universities, and representing a variety of science and engineering disciplines and geographic areas, these four new and three incumbent NSB members were selected for their preeminence in research, education or public service. After Senate confirmation, they will serve six-year terms to expire in May of 2014.

Thomas W. Peterson to Become NSF Assistant Director for Engineering

Starting in January 2009, Thomas W. Peterson, dean of the College of Engineering at the University of Arizona, will begin serving as the new assistant director of the National Science Foundation's (NSF) Directorate for Engineering. Peterson, currently Arizona's dean of the engineering college, was head of the departments of chemical and environmental engineering from 1990-98, and led the merger of those two programs. During those years, his department was home to Arizona's first Engineering Research Center, supported jointly by NSF and the Semiconductor Research Corporation and focusing on environmentally benign semiconductor manufacturing.

NSF's engineering directorate provides critical support for the nation's engineering research activities and is a driving force behind the training and development of the United States engineering workforce. With a budget of approximately $640 million, the directorate supports fundamental research, the creation of cutting edge facilities and tools, broad interdisciplinary collaborations, and through its centers and Small Business Innovation Research program, enhances the competitiveness of U.S. companies.

Leadership Shakeup at NIST

16 SEPT: NIST Deputy Director James M. Turner announced that he is leaving NIST to accept another job at the Department of Commerce as Deputy Assistant Secretary for International Affairs at the National Oceanic and Atmospheric Administration.

Patrick D. Gallagher, Director of NIST's Center for Neutron Research (NCNR), has been appointed to replace Turner. Gallagher chaired a committee that issued an initial report that was critical of safety management at the Boulder NIST lab after a June 9 plutonium spill there. Gallagher, a physicist with extensive experience in national policy for scientific user facilities, has worked for 15 years at NIST, serving as Director of NCNR since 2004. Prior to becoming Director of the NCNR, Gallagher served as the NIST representative at the federal National Science and Technology Council, a Cabinet-level policy council.

Partially as a result of that report and other subsequent investigations, the agency announced safety operating changes on September 16th. Gail Porter, NIST spokeswoman, said the departures were voluntary and not directly related to the plutonium spill. Porter said Turner was "excited about his new opportunity" and that O'Brian is "very highly regarded by NIST staff."

"I welcome Dr. Gallagher in his new role as deputy director of the National Institute of Standards and Technology," said Senator Ken Salazar (D-CO), who was critical of the Boulder lab after the spill. "He has a hard road ahead of him in ensuring that safety programs at the NIST laboratories are brought up to appropriate standards in order to earn back the public’s trust."

NSF Launches an Engineering Research Center to Develop Fast, Flexible, and Affordable Communication Networks

The National Science Foundation (NSF) announces an award to the University of Arizona and its partners to establish a new NSF Engineering Research Center (ERC): NSF ERC for Integrated Access Networks (CIAN). CIAN will develop interdisciplinary research and education programs that address an important societal need and provide the foundation for new industries through innovation. NSF will invest $18.5 million in the Center over the next five years. Since 1985 the ERC program has fostered broad-based research and education collaborations in close partnership with industry that focus on making technological breakthroughs and developing new products and services. A new generation of five NSF ERCs will place a greater emphasis on innovation and entrepreneurship and on international collaboration and cultural exchange.

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REPORTS & DOCUMENTS OF NOTE

NSF Report on Federal Research Dollars

The American Academy of Arts and Sciences released ARISE: Advancing Research in Science and Engineering, a white paper from the Academy's Initiative for Science, Engineering, and Technology. With valuable input from leaders of the key federal science and technology research agencies, members of Congress and their staffs, academic leaders, and young faculty, the committee analyzed current science funding policies to find ways to strengthen the impact of federal research dollars. The publication offers policy recommendations for government, university, and foundation leaders. ARISE addresses two issues central to the vitality of America's research enterprise: 1) the support of early-career investigators; and 2) the encouragement of high-risk, high-reward research. Such support and encouragement will foster a new generation of scientists and stimulate the daring investigations that will generate competitive advantage in a global economy.

ITIF: An Innovation Agenda for the Next Administration and Where Do the Candidates Stand?

The Information Technology and Innovation Foundation, and its Director Rob Atkinson, have been releasing a series of papers looking at future directions in innovation policy. The latest, An Innovation Agenda for the Next Administration, presents an eight-point plan for how the next President and Congress can best support America's innovation economy. The plan is designed to have a big impact, but also to be feasible in today's difficult economic and political environment. The plan includes several tax policy recommendations, such as expanded Federal R&D tax credit and generous expensing for new information technology investments. It also recommends creation of a National Innovation Foundation, a National Broadband Strategy, and a more aggressive innovation-based set of trade policies. Download the September 2008 Information Technology and Innovation Foundation report, An Innovation Agenda for the Next Administration, by Robert D. Atkinson.

ITIF also released a paper comparing the two presidential candidates on their innovation and technology policies. The study tracks the candidates' position in 11 key areas, including tax, trade, education and workforce policies. Download Comparing the Candidates’ Technology and Innovation Policies, by Stephen J. Ezell and Robert D. Atkinson.

Government Accountability Office Reports

Digital Television Transition: Information on the Implementation of the Converter Box Subsidy Program and Consumer Participation in the Program GAO-08-1161T, September 16, 2008 Summary (HTML)   Highlights Page (PDF)

Digital Television Transition: Implementation of the Converter Box Subsidy Program Is Under Way, but Preparedness to Manage an Increase in Subsidy Demand Is Unclear. GAO-08-1040, September 16 Highlights

NASA Workforce: Briefing on National Aeronautics and Space Administration's Use of Term Appointments GAO-08-920R, September 10, 2008 Summary (HTML)

Elections: Federal Program for Certifying Voting Systems Needs to Be Further Defined, Fully Implemented, and Expanded GAO-08-814, September 16, 2008 Summary (HTML)   Highlights Page (PDF)  Recommendations

Elections: Federal Programs for Accrediting Laboratories That Test Voting Systems Need to Be Better Defined and Implemented GAO-08-770, September 9, 2008 Summary (HTML)   Highlights Page (PDF)  Accessible Text   Recommendations (HTML)

Visa Waiver Program: Actions Are Needed to Improve Management of the Expansion Process, and to Assess and Mitigate Program Risks GAO-08-967, September 15, 2008 Summary (HTML)   Highlights Page (PDF)   Recommendations (HTML)

Information Technology: Federal Laws, Regulations, and Mandatory Standards to Securing Private Sector Information Technology Systems and Data in Critical Infrastructure Sectors GAO-08-1075R, September 16, 2008 Summary (HTML)

Electronic Waste: EPA Needs to Better Control Harmful U.S. Exports through Stronger Enforcement and More Comprehensive Regulation GAO-08-1044, August 28. Highlights

Health Information Technology: HHS Has Taken Important Steps to Address Privacy Principles and Challenges, Although More Work Remains. GAO-08-1138, September 17 Highlights

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US STATES ACTIVITIES

If you like to keep up with going on in state politics, StateLine.org provides a good overview of the activities in all 50 state legislatures.

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AWARDS & GRANTS

AAAS Grant Site

The American Association for the Advancement of Science supports GrantsNet Express.  Each week, GrantsNet provides 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.

Grants.gov

The President's 2002 Fiscal Year Management Agenda established grants.gov as a governmental grants resource. Grants.gov is a central storehouse for information on over 1,000 grant programs, and provides access to approximately $400 billion in annual awards. Most agencies, such as the DOE's Office of Science, use only grants.gov to list all funding opportunities. Other funding opportunities of interest include the Office of Energy Efficiency and Renewable Energy and NASA.

National Science Foundation

For information on NSF Engineering Active Funding Opportunities, visit: http://www.nsf.gov/funding/pgm_list.jsp?org=ENG

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CONFERENCES, FELLOWSHIPS, PROGRAMS & INTERNSHIPS FOR ENGINEERS

IEEE ENERGY 2030 - Towards A Sustainable Energy Infrastructure ( November 17 – 18, 2008, Atlanta, GA)

This new conference will provide a forum for the exchange of ideas amongst experts from a broad range of disciplines on the technology, policy and economic framework required for the creation of a global sustainable energy infrastructure by 2030. The IEEE, as a global technology leader in electrical and related technologies, with 43 societies and 370,000 members, is uniquely positioned to help define what the transformed infrastructure is likely to look like, and to initiate the discussion on the challenges that need to be overcome to achieve success. The Conference is initiated by the IEEE TA New Technology Directions Committee, and co-sponsorship by IEEE-USA; IEEE Standards Association; and the following IEEE Societies: Industry Applications Society, Power Electronics Society, and the Power and Energy Society. For more info, visit: http://ewh.ieee.org/conf/energy2030/

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LATEST IEEE-USA & IEEE ACTIVITIES

Public Policy Priority Issues - 110th Congress, 2d Session (2008):http://ieeeusa.org/policy/issues/index.html

Position Statements: http://ieeeusa.com/policy/positions/index.html - IEEE-USA position statements identify important technical and/or engineering career-related aspects of specific public policy issues deemed to be of concern or affecting IEEE's U.S. members.  They make specific public policy recommendations and provide recommended approaches for consideration by the U.S. Congress, Executive Branch officials, the Judiciary, representatives of State and Local Government, and other interested groups and individuals, including IEEE members. 

Check out the new positions statements approved in June 2008 . Many more are Under Review by committees. Check back in December after the November board meeting for their approval status.

IEEE-USA In The News: http://ieeeusa.org/communications/inthenews/default.asp.

Former IEEE-USA Government Fellows Available to Speak to Sections

In June, IEEE-USA Congressional Fellow George Hanover spoke to an IEEE PACE group in the San Francisco Bay area. He discussed the innovation and competitiveness issues that he worked on during the year he served as an IEEE-USA government fellow, working as a staffer for the Environment, Technology and Standards Subcommittee of the House Science Committee. George also served on the personal staff of Congressman Dana Rohrabacher (R-Calif.), a member of the House Science Committee. George also discussed an engineer's perspective on the "government process" and the IEEE-USA's involvement in that process. If your section is interested in having one of the former government fellows speak to your group about the program, how the legislative process works in Washington, and how IEEE-USA is influencing it, please contact Erica Wissolik at e. wissolik @ ieee. org. For more information on the IEEE-USA Government Fellows Program, please visit: http://ieeeusa.org/policy/govfel/default.asp

Is America Losing its Competitive Edge? A Presidential Debate on Science and America's Future 

In November 2007, a small group of six citizens - two screenwriters, a physicist, a marine biologist, a philosopher and a science journalist - began working to restore science and innovation to America's political dialogue. They called themselves Science Debate 2008, and they called for a presidential debate on science. The call tapped a wellspring of concern over the state of American science. Within weeks, more than 38,000 scientists, engineers, and other concerned Americans signed on, including nearly every major American science organization, dozens of Nobel laureates, elected officials and business leaders, and the presidents of over 100 major American universities. See who here (including IEEE-USA) .  The signers submitted over 3,400 questions to the candidates for President, looking for answers to questions about the future of America. See the presidential candidates' answers here: http://www.sciencedebate2008.com/www/index.php?id=42

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Top of Page | What's New@IEEE | 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.

You can change your IEEE-USA Eye on Washington subscription status by using the forms at http://www.ieeeusa.org/communications/emailupdates/default.asp

Copyright © 2008, The Institute of Electrical and Electronics Engineers, Inc.  Permission granted to copy for personal use or for non-commercial republication with appropriate attribution.

Updated: 12 September 2008