1) CAPITOL HILL WATCH

• House Hearing Explores Globalization Impacts for U.S. S&T Workforce
• House Passes Broadband Mapping Requirement
• Patent Reform, Not Moving and Rumored Not Likely To
• All Appropriations Bills Face Veto Treats... (Or Already Have Been Vetoed)

2) WHITE HOUSE & EXECUTIVE AGENCY WATCH

• USPTO Publishes Examination Guidelines for Determining Obviousness in Light of the Supreme Court’s KSR v Teleflex Decision

3) REPORTS, SPEECHES & DOCUMENTS OF NOTE

• Kauffman Foundation Report Ranks States International Patents Filings
• The Energy-Competitiveness Relationship

4) U.S. COURTS ACTIVITY

• Court Ruling Will Lead to Loss of Offshore Oil, Gas Royalties

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

• Track IEEE-USA's Progress
  
• IEEE-USA In The News

9) OTHER ITEMS OF POSSIBLE INTEREST

1) CAPITOL HILL WATCH

• House Hearing Explores Globalization Impacts for U.S. S&T Workforce

6 NOV: The House Committee on Science and Technology's Subcommittee on Technology & Innovation held a hearing to consider the implications of the globalization of R&D and innovation for America's science and engineering workforce.  IEEE-USA vice president for career activities Paul Kostek was one of four witnesses who testified. Kostek described how workforce globalization is exerting downward pressures on high technology labor markets in the United States and outlined related areas of concern.

The hearing—the fourth in a series of hearings examining the impact of globalization on innovation— explored the impact of high-technology offshoring on American STEM (science, technology, engineering and mathematics) workers and students. All the witnesses discussed the new opportunities and challenges for workers created by globalization, including how globalization is reshaping the demand for STEM workers and skills. The witnesses also addressed how offshoring is affecting the STEM workforce pipeline and how incumbent workers are responding to globalization.

• House Passes Broadband Mapping Requirement

13 NOV: The House passed Broadband Census of America Act of 2007 (H.R. 3919), a mandate to two federal agencies to conduct a nationwide inventory of U.S. broadband capabilities and generate a detailed picture of the U.S.’ high-speed Internet market.

The bill, intended to inform future federal broadband policies, directs the Federal Communications Commission to report annually on the deployment of Internet services across the country by service type and speed. The FCC is required to report the actual number of residential and business broadband subscribers per ZIP code, a move that will help paint a clearer picture of where the United States ranks in broadband service internationally.

H.R. 3919 also requires the FCC to compare U.S. broadband capabilities with 75 communities in at least 25 countries of its choosing. Additionally, H.R. 3919 directs the National Telecommunications and Information Administration to produce a consumer-friendly map, post it online,  and illustrate what types of broadband access are provided where and by what companies. The NTIA would administer a $300 million grant program, authorized through FY 2010, to assist states and localities in the mapping effort.

The IEEE-USA Committee on Communications Policy is responsible for drafting positions statements on the broadband issue. Click here to view, Accelerating Advanced Broadband Deployment in the U.S. and High-Speed Broadband Networks.

• Patent Reform, Not Moving and Rumored Not Likely To

In October, the House passed H.R. 1908, the Patent Reform Act of 2007, and sent it to the Senate where it has languished ever since.  As of this week, the future looked dim for those who are pushing this legislation.

While it seemed a victory for behemoth technology companies who have long campaigned to change U.S. patent law to make it friendlier and less expensive for their industry, their victory on the House floor produced an unexpected backlash. New — and potentially more influential — opponents woke up to the fact that too many players were left out of the patent reform negotiations, and this bill that is being sold as an "improvement," will in reality serve only to stifle U.S. innovation.

Companies such as Microsoft, Apple, Oracle and other large companies under the misnomered Coalition for Patent Fairness, want an accelerated patent approval process and protection from the endless legal fees and expensive judgments from patent infringement lawsuits. These companies that once benefited from the current U.S. patent system now want to change it and make it harder for the next generation of start-ups to succeed.

Those who oppose the patent reform bill – including pharmaceutical and biotechnology trade groups, manufacturers, research universities, inventors and unions – worry that changes in the law, such as an administrative avenue to challenge patents outside court, might imperil their intellectual property rights.  “All of a sudden people realized that this was happening for real,” said William Samuel, legislative director for the AFL-CIO.

Just before the House voted on the patent bill, an unexpected lobbying effort by the AFL-CIO, the National Association of Manufacturers (NAM) and other groups including IEEE-USA, attempted to slow down action in the hope that the Congress would rethink the language of the current reform bill.  Even the U.S. Patent Trademark Office's employees union opposes the bill. H.R. 1908 generated fears that the U.S. will lose inventions to China and other countries (through offshoring and outsourcing of jobs) as well as the traditional economic incentive once enjoyed among U.S. inventors.

This week, the IEEE-USA Intellectual Property Policy Committee will meet in Washington for their last quarterly meeting this year.  On the same day, the committee's chair, vice chair one of its members will travel to Capitol Hill to meet with several Senators and voice concerns about the bill.  To read the committee's letters to Congress, visit: http://www.ieeeusa.org/volunteers/committees/ipc/index.htm

• All Appropriations Bills Face Veto Threats.. (Or Already Have Been Vetoed)

It is almost Thanksgiving, a month and a half into FY2008, and only two spending bills have been signed into law. Democratic leaders have been calling on the administration to compromise so that all of the appropriations bills could be signed; however, the White House blames Congress for passing spending bills that exceed his request and the president has vetoed or threatens to veto the bills. The only spending bills to be signed into law thus far are the Defense bill (HR 3222) and a bill providing supplemental funds for the war in Iraq. It also appears possible that passage of the Commerce-Justice-Science bill (HR 3093) before the Thanksgiving Day recess, once thought possible, is unlikely.

Transportation-HUD - This week the House adopted a conference report on the $105.6B FY 2008 Transportation-HUD spending bill; prospects for quick Senate action dimmed.  Meanwhile, the administration issued a veto threat, citing “an irresponsible and excessive level of spending” and the number of earmarks. The House adopted the conference report by a vote that is just short of the two-thirds majority of members voting that would be required to override a veto. When the Senate approved its version of the spending bill Oct. 16, it did so by a margin large enough to override a veto, although it is uncertain whether that will hold during Senate consideration of the conference report.

Examples of conference report language include an increase in the mandatory retirement age for airline pilots to 65 from 60; provision of $40.2 billion for highway programs; funds to finance additional bridge inspection and maintenance by boosting the amount drawn from the highway trust fund by $1 billion above the level set in the 2005 highway bill; and $14.6 billion for the FAA ($556 million above the White House request).

The conference report does not include a provision in the House-passed bill that would have prevented the Federal Aviation Administration (FAA) from eliminating or consolidating air traffic control facilities.

Labor-HHS - The White House vetoed the HHS-Education bill (HR 3043) on November 13th because the bill provided $150.7B in discretionary spending, $9.8B more than he requested. Once again, the President charged that spending was “excessive.” Critics accused the White House of trying to score political points by vetoing vital funding for such things as vocational education and health research.

The House cleared the HHS bill on November 8th by a vote of 272-141, three votes short of the two-thirds majority that would be needed to override a veto.

2) WHITE HOUSE & EXECUTIVE AGENCY WATCH

• USPTO Publishes Examination Guidelines for Determining Obviousness in Light of the Supreme Court’s KSR v Teleflex Decision

The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help USPTO examiners make appropriate decisions regarding the obviousness of claimed inventions in light of the Supreme Court’s decision in KSR International Co. v. Teleflex Inc., 550 U.S. __, 82 USPQ2d 1385 (2007) (KSR).

"The Guidelines stress that the familiar factual inquiries announced by the Supreme Court in its much earlier decision, Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), remain the basis for every decision regarding obviousness," noted Commissioner for Patents John Doll.  "That is, patent examiners will continue to consider (1) the scope and content of the prior art, (2) the differences between the claimed invention and the prior art, (3) the level of ordinary skill in the pertinent art, and (4) objective evidence relevant to the issue of obviousness."

The Guidelines also note that patent examiners must continue to explain the reasoning that leads to a legal conclusion of obviousness when rejecting claims on that ground.  The reasoning may still include the established Court of Appeals for the Federal Circuit standard that a claimed invention may be obvious if the examiner identifies a prior art teaching, suggestion, or motivation (TSM) to make it.  However, in keeping with the KSR decision, the Guidelines explain that there is no requirement that patent examiners use the TSM approach in order to make a proper obviousness rejection.  Furthermore, the Guidelines point out that even if the TSM approach cannot be applied to a claimed invention, that invention may still be found obvious.

To help patent examiners make obviousness rejections that are supported by appropriate facts and reasoning, the Guidelines identify a number of rationales suggested by the Supreme Court in the KSR decision.  For each rationale, the Guidelines explain the underlying factual findings, and provide guidance about how to reason from the facts to the legal conclusion of obviousness.  The Guidelines emphasize, however, that the identified rationales are only examples, and that any explanation of facts and reasoning based on the Graham inquiries may be used to support a rejection for obviousness. The Examination Guidelines can be found at http://www.uspto.gov/web/offices/com/sol/notices/72fr57526.pdf

3) REPORTS, SPEECHES & DOCUMENTS OF NOTE

• National Science Foundation

National Plan for STEM Education The National Science Foundation’s (NSF) National Science Board released a draft action plan for improving science, technology, engineering and math (STEM) education. The report provides detailed action recommendations and seeks to build upon the ongoing momentum regarding STEM education that is found in the America COMPETES Act and other related initiatives. The plan calls for creating a number of new organizations including a non-federal National Council for STEM Education to coordinate key policies, a new pre-K to 20 STEM education program at the NSF, and new offices to focus on STEM education at the National Science and Technology Council and at the US Department of Education. The plan also recommends a host of measures to promote vertical integration (across different grade levels) and horizontal integration (between local, state, and federal authorities) of STEM education initiatives. Download a pre-publication copy: A National Action Plan for Addressing the Critical Needs of the U.S. Science, Technology, Engineering, and Mathematics Education System.

• Kauffman Foundation Report Ranks States International Patents Filings

The Ewing Marion Kauffman Foundation has released a new study which ranks the states according to U.S.-based global intellectual property creation. Delaware, Massachusetts, Minnesota, California and Connecticut top the list of states that are leaders in innovation as measured by international patent applications.

The state ranking is based on the total percentage of international patent applications filed under the Patent Cooperation Treaty (PCT) per 100,000 workers for the years 1998 and 2006. Concluded in 1970, the PCT offers a means for inventors to safeguard their intellectual property in more than 100 countries with a single application.

Because of the higher level of sophistication and the costly and time-intensive application process for PCT patents versus those submitted only to the United States Patent and Trademark Office, PCT applications arguably represent some of the most sophisticated inventions originating in this country. An analysis of these applications, therefore, offers an opportunity to understand where innovation is happening, which organizations are driving innovative change, and the technical areas that are the focus of U.S. filings.

"Given the importance of global intellectual property protection to continued innovation and growth in the United States, an inquiry into trends in U.S. PCT applications offers a unique lens on technological change in this country and on the country's role in global intellectual property creation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation. To read the report, visit: http://www.kauffman.org/items.cfm?itemID=928.

• The Energy-Competitiveness Relationship

A new Council on Competitiveness study examines the links between the rising cost of energy and America’s international competitiveness. The report notes that few Americans are deeply examining the draining impact of U.S. energy use policies on our economic prosperity. According to the study, U.S. GDP growth was reduced by anywhere from 0.25 percent to one percent as a result of energy price increases since 2004. Moreover, high energy costs are leading some industries, such as steel and aluminum production, to move operations overseas. Some state governments are crafting innovative solutions, but, in general, US policymakers are not acting aggressively to respond to this changed environment. Meanwhile, other nations, such as European Union members, Brazil, China, and Japan, have announced extensive new investment programs to support sustainable energy. As energy costs become a more important factor driving international competitiveness, these investments are expected to generate great benefits for citizens and for innovative businesses, and for economic prosperity more generally. Download the September 2007 Council on Competitiveness report, http://www.compete.org/pdf/ESIS_Initiative-ProvokeEnergyCompetitivenessRelationship_Sept2007.pdf

4) U.S. COURTS ACTIVITY

• Court Ruling Will Lead to Loss of Offshore Oil, Gas Royalties

House Democrats are banking on billions of dollars in drilling royalties to offset tax incentives they have included in the 2007 energy and farm bills. The House farm bill (HR 2419) uses about $6B over 10 years in oil and gas royalties, while House energy legislation (HR 6) uses new offshore drilling funds to finance renewable-energy tax incentives.

Oil and gas royalties have become one of the biggest sources of government revenue after income and payroll taxes. Last year they totaled more than $10B. High oil prices are likely to drive those numbers to a new peak, but a federal court decision last week may threaten the revenue.

Energy firms signing deepwater contracts between 1995 and 2000 had been exempt from royalty payments under the Outer Continental Shelf Deep Water Royalty Relief Act (PL 104-58), a law designed to spur production — unless prices, volume or depth exceeded certain limits. As oil prices climbed in 2007, Congress attempted to recoup some of the drilling royalties not collected on those leases.  In last week’s decision, Louisiana, federal judge Patricia H. Minaldi rejected the government’s claims that companies are not entitled royalty relief if the market price of oil climbs above about $34/barrel, and found that Kerr-McGee Oil & Gas Corp., now Anadarko Petroleum Corp., need not pay royalties on production from some leases despite oil and gas prices that exceeded thresholds in the contracts.

As much as $1 billion in royalties might have to be refunded if the ruling stands. The Justice Department is expected to appeal, and Energy and Natural Resources Chairman Jeff Bingaman (D-N.M.) began gathering colleagues’ signatures to a letter that he plans to send to the President.  The letter expresses concern about the potential loss of the offshore oil and gas royalties.  Approximately 12 senators have signed on.

"In a time when critical national needs cannot be met because of a lack of federal resources . . . giving the oil and gas industry billions of dollars of the public’s natural resources for free . . . is not an acceptable outcome," the senators wrote. The Government Accountability Office estimated that an industry victory in the case could cost the government $60B over the next 20 years. But with oil prices now approaching $100/barrel, and companies investing billions to develop new gulf fields, the losses to taxpayers could be considerably higher.

5) US STATES WATCH

No items at this time.

6) AWARDS & GRANTS

• AAAS Grant Site

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

NSF funding opportunities can be viewed at: http://www.nsf.gov/funding/The NSF is an independent federal agency that supports fundamental research and education across all fields of science and engineering. NSF funds reach all 50 states through grants to over 1,700 universities and institutions. Each year, NSF receives about 42,000 competitive requests for funding, and makes over 10,000 new funding awards. The NSF also awards over $400 million in professional and service contracts yearly.

Research and Evaluation on Education in Science and Engineering (REESE) - Dear Colleague: On behalf of the Division of Graduate Education (DGE) in the Directorate for Education and Human Resources (EHR) we call your attention to an opportunity to request support for research and evaluation projects focused on graduate education. This opportunity is embedded in the Research and Evaluation on Education in Science and Engineering (REESE) program managed by the Division of Research on Learning in Formal and Informal Settings (DRL) in EHR. The REESE Program Solicitation (NSF 07-595) can be viewed at: http://www.nsf.gov/pubs/2007/nsf07595/nsf07595.htm

7) CONFERENCES, FELLOWSHIPS, PROGRAMS & INTERNSHIPS FOR ENGINEERS, and STUDENTS & SCHOLARS OF ENGINEERING

No items at this time.

8) LATEST IEEE-USA & IEEE ACTIVITIES

• FYI - Recent IEEE-USA Letters to Congress

8 NOV: Letter to Congressman Dana Rohrabacher )R-Calif.)endorsing continued operation of the Arecibo
Observatory by NSF and NASA, including the radio astronomy and the NEO radar missions.

2 NOV: Letter to the U.S. Senate endorsing the Genetic Information Nondiscrimination Act (S.358).

1 NOV: Letter to  Members of U.S. House of Representatives encouraging their participation in the congressional Robotics Caucus.

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

• IEEE-USA In The News

For more IEEE-USA in the News items, see: http://ieeeusa.org/communications/inthenews/default.asp.

9) OTHER ITEMS OF POSSIBLE INTEREST

Top of Page | What's New@IEEE | EyeOnWash Archive | 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 © 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: 15 November 2007