News
Washington Update
October 2006
WASHINGTON – The House and Senate are in recess through the midterm elections on November 7. Both chambers are scheduled to resume legislative business on November 13. Prior to breaking, Congress passed the Fiscal Year 2007 (FY07) Department of Defense and Department of Homeland Security Appropriations and sent them to the President for his signature. Although the House has passed all remaining FY07 spending bills, the Senate has not yet completed its appropriations process. To ensure funding for all non-Defense and non-DHS federal programs, Congress passed a Continuing Resolution (CR) to sustain funding until November 17. Under the CR, all federal agencies and domestic programs will be funded at their current FY06 levels or the FY07 levels proposed by the House or Senate, whichever is lowest. Congress hopes to pass the remaining spending bills during next month's lame-duck session.
APPROPRIATIONS
Department of Defense (DOD)
Congress approved the FY07 Department of Defense appropriations bill which was subsequently signed into law by the President. The $377.6 billion measure includes $13.3 billion for DOD Science and Technology (S&T) programs, which is $87.4 million above the FY06 level. While the S&T increase is less than one percent, the bill does increase funding for 6.1 basic research, 6.2 applied research, and 6.3 advanced technology development.
For 6.1 basic research, the FY07 conference report provides $1.55 billion, an increase of $83.3 million over FY06 funding. Within the 6.1 total, the National Defense Education Program/SMART program is funded at $19.5 million, which is $9.4 million above FY06 level and the same as the Administration's request.
For 6.2 applied research, the conference report provides $5.28 billion. Advanced technology development (6.3) receives $6.49 billion.
Funding for the Defense Advanced Research Projects Agency (DARPA) is $3.14 billion, $156.7 million above the FY06 level.
National Security Education Program
The Defense appropriations bill also provides $32.7 million for the National Security Education Program (NSEP), more than doubling the $16 million appropriated in FY06. The additional funding will be used to enhance the National Flagship Language Initiative (NFLI) and to create a pilot program, the Civilian Linguist Reserve Corps. The NSEP funding also supports the Boren undergraduate scholarships, graduate fellowships and the new English Heritage Language Speakers program. The program will support the same number of undergraduate scholars (141) and graduate fellows (85) in FY07 as in FY06. UCLA is home to two NFLI programs in Korean and Russian.
The measure also broadens the federal service requirement of NSEP participants, a move that has been advocated by universities. The measure expands the definition of U.S. national security by increasing the number of federal organizations at which awardees may work to fulfill their service requirement -- adding the Departments of State and Homeland Security to the Defense Department and the intelligence community (the CIA, FBI, the National Security Agency, and other agencies). The bill also allows an awardee who cannot find a position in one of these agencies to fulfill the service requirement in a position "having national security responsibilities" in any federal agency.
The bill also changes the funding mechanism for NSEP. Rather than relying on the trust fund that has supported the program since its inception in 1991, the bill authorizes the program to receive direct annual appropriations.
Department of Homeland Security (DHS)
The President signed the FY07 Homeland Security appropriations bill which provides $31.9 billion to DHS. An additional $1.8 billion in emergency spending was approved for border security and Coast Guard modernization programs.
The measure includes $973 million for the Department of Homeland Security Science & Technology Directorate. The S&T total includes $50 million for university programs including the university-based DHS Centers of Excellence.
UCLA is a partner with the University of Maryland Homeland Security Center of Excellence for Behavioral and Social Research on Terrorism and Counter-Terrorism. DHS awarded $12 million to the Center in January 2005 to study the causes of terrorism and national strategies for combating and responding to terrorist attacks.
Research universities, including UCLA, were successful in stripping the bill of Senate language that would have restricted a university's participation in a Center of Excellence to three years. Instead, the Conference Report urges DHS to expand its outreach to colleges and universities and directs the Under Secretary of Science & Technology to provide a report on the FY07 goals for the program and the outcomes projected for each center over the next three years. An estimated 70 colleges and universities participate in the work of the seven designated centers around the country.
LEGISLATIVE UPDATE
President Vetoes Stem Cell Bill, House Fails to Override
In an historic series of events, the Senate passed H.R. 810, the Stem Cell Research Enhancement Act, which would have authorized federal funding of human embryonic stem cell research conducted on cell lines derived from embryos developed from in-vitro fertilization that otherwise would be discarded.
President Bush vetoed the bill the following day and the House failed to override the veto. While a majority of the House voted in favor of overriding the President's veto, 235-193, two-thirds majority was needed to override the veto.
In issuing his first-ever veto, the President said that H.R. 810 “crosses a moral boundary that our decent society needs to respect.” In a public statement following the veto, AAU President Robert M. Berdahl called the President's action “a setback for science in the United States” and said that restrictions on federal funding of embryonic stem cell research are “not only slowing down the development of cures but also making America less competitive in what may be the most promising area of biomedical research in this new century.”
Animal Terrorism Enterprise Act
Just prior to recess, the Senate passed by Unanimous Consent the Animal Enterprise Terrorism Act which was introduced by Senators Dianne Feinstein (D-CA) and James Inhofe (R-OK) earlier in September. The legislation, which is strongly supported by UCLA and the University of California , would strengthen penalties against animal rights advocates who participate in violent or threatening activities against animal researchers, those who care for animals used in research, and others. Unlike the earlier House version, the Senate bill clarifies congressional intent that the measure not be construed as prohibiting conduct protected by the First Amendment, and removes previous provisions related to the death penalty and wiretapping.
The House Judiciary Committee had been scheduled to markup AETA before the recess but did not have time to consider the measure. It is expected to be placed on the House suspension calendar, reserved for measures requiring a two-thirds majority vote, as soon as Congress reconvenes in November.
National Institutes of Health (NIH) Reauthorization
The House approved the National Institutes of Health Reform Act of 2006 by a vote of 414-2. The House-passed bill has been sent to the Senate Health, Education, Labor and Pensions Committee, which has not introduced its own companion legislation. Supporters of the reauthorization hope the Senate will approve the House version before the 109 th Congress adjourns in December.
H.R. 6164 reauthorizes the NIH and makes significant reforms to various programs within the agency. The bill would authorize a five percent annual increase in NIH funding from FY07 through FY09 ($29.7 billion in FY 2007, $31.2 billion in FY 2008, and $32.8 billion in FY 2009). Reform measures include strengthening the management authority of the NIH director and requiring development of a comprehensive NIH database to track all research activity in a standardized format.
It would also create a “Common Fund” to support broad, cross-disciplinary initiatives that involve two or more NIH Institutes or Centers. The fund would receive one-half of any new money appropriated to NIH until it reached five percent of the agency's total budget. The legislation requires that the newly established Common Fund division give appropriate consideration to proposals from first-time applicants. The University of California urged the House to adequately fund the latter in order to provide young investigators a fair opportunity to make significant contributions within their areas of expertise and to be a driving force of innovation and new discoveries in the future.
Competitiveness Legislation and NAS Convocation
A group of bipartisan Senators, including the majority and minority leaders, introduced the National Competitiveness Investment Act (S. 3936), to authorize a variety of programs aimed at improving the nation's economic competitiveness. The measure is a legislative response to recommendations offered in such reports as the National Academies' Rising Above the Gathering Storm and the Council on Competitiveness's “Innovate America ” report. It incorporates measures from the previously introduced competitiveness legislation as well as new provisions drafted by the Senate Health, Education, Labor and Pensions Committee leaders.
The National Competitiveness Investment Act identifies several major initiatives relating to innovation and education, and authorizes increases in funding to the Department of Energy, the National Institute of Standards and Technology, the National Aeronautics and Space Administration, the Department of Education, and the National Science Foundation. The bill sponsors have indicated their interest in moving this legislation during the lame-duck session. Currently, there is no companion legislation in the House, though in May the Science Committee introduced three bills that are similar in scope to the Senate legislation. Volunteer advocates participating in the 2006 UCLA Day in DC called on Members of Congress to support the Senate's competitiveness bills, in particular the measure dealing with increased federal support for the training and retention of highly qualified math and science teachers in K-12.
On September 28, the National Academies hosted a symposium entitled “Convocation on Rising Above the Gathering Storm.” The event in Washington , D.C. , and in several satellite locations throughout the country convened hundreds of government, education and industry leaders to discuss strategies for improving U.S. competitiveness in the global economy of the 21st century. The convocation focused on the key action areas identified in last year's National Academies' report: K-12 science, technology, engineering, and mathematics (STEM) education; higher education; research; and innovation environment.
The National Academies will be publishing a summary report on the convocation on November 15, and a video of the speaker presentations will be available later this month.
Representatives from at least 46 research universities, including UCLA, participated in the convocation.
Federal Funding Accountability and Transparency Act
The President signed into law the “Federal Funding Accountability and Transparency Act” as part of an ongoing initiative to improve government transparency and allow Americans to see how their tax dollars are spent. This new law calls on the Office of Management and Budget (OMB) to create a publicly accessible website with information about all grants and contracts issued by federal government agencies, except those that are classified for national security reasons.
Higher Education Act (HEA) Extension
In the absence of legislation reauthorizing the Higher Education Act, Congress approved the “Third Higher Education Extension Act of 2006,” temporarily extending the programs under the HEA through June 30, 2007 just before leaving for the fall recess. The latest extension contains several modifications to the HEA.
Passage of the most recent extension is an indication that Congress will not consider HEA reauthorization in the remaining days of the 109 th Congress.
The extension would modify several HEA provisions, including limitations on "trustee relationships" for school-as-lender programs; loan forgiveness for survivors of victims of the 9/11 attacks; modifications of definitions of Hispanic-serving institutions; and changes in guaranty agency account maintenance fees.
The most recent extension of the law expired on September 30. Although the House approved a five-year reauthorization bill earlier this year, a companion measure has yet to be considered on the Senate floor.
Peer-to-Peer File Sharing
The House Education and Workforce Subcommittee on 21 st Century Competitiveness held a hearing on September 26 on students' use of campus computer networks to download music and movies illegally. The subcommittee noted that the House-passed reauthorization of the Higher Education Act contains provisions that would allow universities to use federal funding to acquire technologies to combat illegal file sharing on campuses. Full Committee Chairman Buck McKeon (R-Santa Clarita) participated in the hearing, noting his hope that significant progress could be made in reducing illegal file sharing through voluntary efforts on campuses rather than having to resort to federal legislation, which often carries unintended consequences.
AGENCY UPDATES
Commission on the Future of Higher Education
Secretary of Education Margaret Spellings outlined her action plan for implementing the newly-released recommendations of the Commission on the Future of Higher Education, which she had convened in the fall of 2005 to examine the state of the country's higher education system. Secretary Spellings outlined initial action steps, among them holding high schools accountable for meeting No Child Left Behind standards; streamlining the federal student financial aid process by cutting the application time in half and notifying students of their aid eligibility in the spring of their senior year; and providing matching funds to institutions and states that collect and publicly report student learning outcomes.
Secretary Spellings announced that next year the Department will convene a summit with representatives from the higher education and business communities, as well as student, parent, and policy organizations to discuss the full slate of recommendations and next steps.
National Institutes of Health
The National Institutes of Health (NIH) has announced that until its final FY07 appropriation is approved, the agency will fund non-competing grant awards at a level “below that indicated on the most recent Notice of Award (generally up to 80% of the previously committed level).” NIH “will consider upward adjustments to these levels after the final appropriation is enacted, but expects institutions to monitor their expenditures carefully during this period.”
NIH is taking this action because Congress was unable to pass its FY07 appropriations bill before recessing for the November elections. Like all other federal domestic agencies which are covered under the Continuing Resolution, NIH is operating at its FY06 funding level.
Department of Commerce Names Carnesale to Advisory Committee
Former UCLA Chancellor Albert Carnesale was appointed to the newly created Department of Commerce Deemed Export Advisory Committee (DEAC) to review the Department's deemed export licensing policy, with the goal of safeguarding national security while ensuring that the U.S. remains at the leading edge of technological innovation. The deemed export licensing policy governs materials and technology that have the potential to be weaponized. The policy affects research universities with international graduate and post-doctoral students conducting research in labs containing such dual-use technology and materials. Universities have been granted an export license waiver for campus-based research involving international students.
The 12-member committee is divided evenly among representatives from the academic community, industry, and national security and intelligence experts.
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