December 2008 Legislative And Policy Update
Washington DC
December marked the end of the 110th Congress with members returning home permanently or planning to return for the 111th Congress, which convenes on January 6, 2009. The November-December lame duck session accomplished little and the new Congress will return to a Democratic controlled House, Senate and White House. Immediate tasks will include passing a second economic stimulus package and completing unfinished FY2009 appropriations measures. Neither is expected to be completed before the Presidents’ Day week recess.
1. Appropriations and Budget
Economic stimulus package #2 – Lawrence Summers, incoming director of the National Economic Council, has stated that research and development (R&D) will not be included in the economic stimulus. Mr. Summers stated that “it does not strike me that running up the research budget and then running (it) down… is a terribly rational way to run a country.” He added that there needs to be an increase in federal R&D for the long-term health of the economy. Meanwhile, House Speaker Nancy Pelosi noted that the stimulus would be aimed not just at roads and bridges, but at improving the nation’s electricity infrastructure, such as creating a “smart grid,” expansion of broadband coverage, and “green jobs.”
Leadership in the House and Senate hope to have the package approved by Congress and ready for the new president to sign shortly after his inauguration on January 20. However, the reported magnitude of the package - $800 billion or more over two years – has prompted concern among both Democratic and Republican legislators, along with negotiations over its specific provisions, could extend consideration into February. The Washington Post reports that incoming Senate Appropriations Committee Chairman Daniel Inouye (D-HI) has commented that there is no agreement yet on the size of the package, and that House Democrats have indicated that a package larger than $600 billion proposed by House Speaker Nancy Pelosi (D-CA) could lose votes among conservative “Blue Dog” Democrats.
Although reports vary about the details, it has been reported that about one-fifth of the developing package could be devoted to health care, with up to $100 billion allocated to help states deal with growing Medicaid costs and another $50 billion to help medical providers move toward electronic recordkeeping. Additional billions could support “energy-saving programs, public works projects, school construction and renovation, and expanded jobless aid and food stamps… as well as tax cuts.” Tax reductions for low- and middle-income workers could total about $200 billion.
The Washington higher education associations have submitted recommendations to Congressional leadership for the stimulus package. The associations have requested increased student aid and a major new block grant programs to the States for academic infrastructure, including a new federal credit mechanisms to enable colleges and universities to complete current building projects and begin construction of shovel-ready projects. Also included are requests to expand the instrumentation and facilities programs at the National Science Foundation (NSF), the National Institutes of Health (NIH), and the National Institute of Standards and Technology (NIST). The request includes calls for developing and expanding programs at the NSF and NIH to help nurture the next generation of young faculty scientists and engineers, and adding funding for the Department of Energy’s new Energy Frontier Research Centers program.
2.Homeland Security: Bioterrorism – The draft of a Congressionally ordered study warns that “without greater urgency and decisive action by the world community, it is more likely than not that a weapon of mass destruction will be used in a terrorist attack somewhere in the world by the end of 2013,” according to a report in The Washington Post. The study by the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism finds a growing threat of biological terrorism and urges attention comparable to that for potential nuclear terrorism. It also calls for aggressive steps to secure unguarded stockpiles of nuclear weapons material, as well as coordinated international efforts to disrupt smuggling rings that traffic in nuclear technology.
Dual use of life sciences – In December three documents were released that recommend education for “dual use research of concern.” All three recommend mandatory training of life scientists in scientific responsibility in dual use research related to biosecurity. Only one report includes funding requirements in its recommendation for such programs. On a related matter at a Senate hearing members of the WMD Commission stated that the technical and scientific barriers to making a biological weapon are not great, and measures should be taken to safeguard against development or acquisition of a dangerous biological agents by hostile entities. They offered a wide range of recommendations for how the federal government, working with the scientific community, should address such threats. Following the hearing Senators Joe Lieberman (I-CT) and Susan Collins (R-ME) issued a statement indicating that they will draft a bill on several of the issues raised at the hearing.
Defense facility – The Department of Homeland Security (DHS) issued a release recommending Manhattan, KS as the site for a National Bio and Agro-Defense Facility (NBAF). The decision was made after a year and a half long process that included an Environmental Impact Statement for the facility that will replace an existing facility at Plum Island Animal Disease Center (PIADC) in New York. The NBAF will be a Biosafety Level 4 (BSL-4) laboratory designed to conduct high security research into foreign animal and zoonotic diseases. Construction is expected to begin in 2010 with the facility fully operational in 2015.
3. NASA: Hubble repair mission
Most recent reports indicate that the Space Shuttle Atlantis mission to repair the Hubble Space Telescope has been rescheduled for May 12, 2009. The Hubble servicing crew is expected to fly an 11-day mission and stage five spacewalks to overhaul the 18-year old space telescope for the fifth and final time. The mission was delayed in Septemer when a data handling unit on the telescope failed. The four other space shuttle missions planned for 2009 have had their launch dates adjusted to accommodate the Hubble repair mission’s new schedule.
The Hubble delay also forced NASA to postpone by at least several months the Ares I-X test flight that had been slated for April.
New administration - President-elect Barack Obama’s transition team is asking NASA what it would need to make a bigger dent in a slate of Earth science missions identified two years ago as priorities, but left largely unfunded amid the US space agency’s competing priorities. Space industry officials indicate that Earth science missions are likely to gain stature in the Obama administration, considering his pledge to invest in alternative energy sources and place a greater emphasis on addressing climate change.
NASA is expected to respond based on the 17 missions identified in a 10-year plan for space-based Earth observation completed by a National Research Council (NRC) panel in 2007 at NASA’s request.
The transition team also is asking the agency to quantify how much money could be saved by canceling the Ares 1 rocket and scaling back the Orion Crew Exploration Vehicle next year. Changes in investment and timetable for the current plan would affect NASA Glenn Research Center which has a major role in developing this initiative.
4. Odds and Ends:
Department of Commerce export license controls – The Commerce Control List (CCL) is about to undergo a zero-based review in order to bring it up to date with 21st century scientific and technological developments. The list is part of the Export Administration Regulations, and includes items ranging from nuclear materials to toxins to lasers and sensors. Anyone having an item on the list may need to apply for a license from the government before it can be sent abroad.
Large Hadron Collider – Repairs to the Large Hadron Collider (LHC) at CERN near Geneva, Switzerland, could take longer than anticipated. The LHC project director stated that the work, costing an estimated $413 million or more, could extend beyond the previously announced target of May 2009. At least 20 of the facility’s 10,000 superconducting magnets suffered electrical damage nine days after the 27-kilometer collider was unveiled on September 10, 2008.
Science in the new Administration and new Congress - Looking toward the 111th Congress which convenes on January 6, 2009, Democratic science powerbrokers have retained their seats. In the 435-member House the leadership of the House Science Committee will remain unchanged after victories by Representatives Bart Gordon (D-NC), chairman, and Ralph Hall (R-TX), ranking member. The chairs of the 12 House appropriations subcommittees, who together oversee all federal research budgets, also were re-elected, as was Representative David Obey (D-WI), chair of the full Committee. The House retained its contingent of three Ph.D. physicists – Representatives Vern Ehlers (R-MI), Rush Holt (D-NH) and Bill Foster (D-IL).
Leaders in the scientific community and science policymakers will be looking to President-elect Barack Obama to make good on campaign promises, such as elevating the status of the president’s science adviser, lifting a ban on new human embryonic stem (ES) cell lines, and restoring the integrity of federal decision making, including scrapping some environmental regulations based on questionable science. However, the scientific community hasn’t forgotten about funding, especially Mr. Obama’s campaign pledge to double federal spending for basic research over the next decade. University and research advocates are hoping that the new president’s backing, combined with strong bipartisan support, will help them achieve the ramp-up in funding for the National Science Foundation, the Department of Energy’s Office of Science, and the National Institute of Standards and Technology that is authorized in the America COMPETES Act of 2007, but that has been an empty promise to date.
Comings and Goings
Linda S. Birnbaum has been appointed director of the National Institute of Environmental Health Sciences (NIEHS). Dr. Birnbaum, who is currently a senior adviser at the Environmental Protection Agency, where she has served for 16 years as director of Experimental Toxicology Division, will begin her appointment in January 2009.
Shannon Dale announced that she will step down as NASA’s deputy administrator on January 17, 2009.
Former astronaut Carl Walz will leave NASA for a position in the private sector. He most recently served as director of the agency’s Exploration Systems Mission Directorate’s Advanced Capabilities Division.
Rep. Bart Gordon (D-TN) will continue as chairman of the House Science and Technology Committee in the 111th Congress, a position he has held for the past two years.
Ohio Congressional Delegation Update – Democrat Mary Jo Kilroy has been declared the official winner in the Ohio Congressional District 15 race. She will succeed retiring Republican Rep. Deborah Pryce. In the November Legislative and Policy Update we reported that state Republican Senator Steve Stivers was the expected winner but the final vote count favored Ms. Kilroy. The Ohio House delegation is now 10 Democrats and eight Republicans.
THE BUCKEYE STATE
The 127th General Assembly completed its work in late December with the new General Assembly convening on January 5, 2009. The November-December lame duck session resulted in several pieces of legislation being passed that were beneficial to Northeast Ohio, but one, which would provide tax credits to the film industry is expected to be vetoed by Governor Strickland.
The 128th General Assembly will have split majorities, with Democrats being the House majority for the first time in 14 years but the Senate being led by Republicans. The largest looming challenge will be the crafting of a biennial operating budget with the Governor that reflects a minimum of $7 billion less in revenue than the state’s current operating budget. The Governor’s State-of-the-State address is scheduled on January 28 and he is expected to introduce the budget during the first week in February.
State Operating Budget: On December 1 Governor Ted Strickland and Pari Sabety, Director, Office of Budget and Management announced that Ohio is facing an additional $640 million shortfall in the current budget biennium ending June 30, 2009. The Governor stated that further budget reductions would be determined by whether state aid is included in the federal stimulus package (expected to be passed by Congress in January) and if significant activity occurs in holiday sales. Any further reductions in the operating budget will be in addition to $1.27 billion reductions currently in process.
Ms. Sabety’s office has predicted a $7.3 billion deficit in the next operating budget for FY2010-2011. Assuming a 10 percent reduction to all state department budgets based on the recalibrated February 2008 spending levels, the projected deficit is approximately $4.7 billion. Director Sabety attempted to place these projections in context. Until FY2008 general revenue tax receipts (GRF) had never dropped in two consecutive years since the period immediately following World War II. And, under current projections in FY 2011 receipts will drop for the fifth consecutive year.
The Governor has asked his Cabinet to begin discussions with their stakeholders to consider 2009 cuts and has asked for and encouraged creativity, flexibility and collaboration while planning future budgets.
On December 11 the Governor’s office released another analysis that suggested dire reductions in state services beginning July 1, 2009 if state revenue collections continue to lag and the federal government does not provide assistance to states in the economic stimulus package it is expected to pass in January. Potential actions include closing state prisons and state parks, severe reductions in education, health and human services to children, and massive layoffs at public colleges and universities.
The Governor announced details on the latest budget cuts on December 19th. Most state programs will be reduced an additional 5.75 percent under the latest round of budget adjustments. The reductions will close about $180 million of the gap, with the remainder to be addressed “through Medicaid spending adjustments and various cash management strategies,” the Administration stated. Ohio expects a 6 percent increase in federal matching Medicaid funds in early 2009. There were some exemptions to the cuts including Ohio Board Regents’ funding lines for Ohio College Opportunity Grant (OCOG), Ohio Instructional Grant (OIG), State Share of Instruction (SSI), Academic Scholarships, Central State Supplement, Shawnee State Supplement , and capital component. The latest reductions include $30 million each from the Departments of Mental Health and Education and $25 million from the Board of Regents.
Lame-duck Session: Cuyahoga County governance reform – In the final days of Ohio’s 127th General Assembly two competing plans to reform Cuyahoga County government reform were being contested as Republican leaders pushed different blueprints for revamping county offices. Republican Rep. Matt Dolan’s plan would adopt plan for reform recommended earlier this year by a panel of nine Cuyahoga County residents. The panel’s blueprint would eliminate six elected offices while retaining the three-member board of commissioners.
As reported in our November update Senate President Bill Harris has stated that he favored different reform language based on a plan designed by Sen. Tim Grendell (R-Chesterland). Senator Grendell’s plan would allow a blended system of county commissioners with some elected from specific districts and others from the county as a whole.
Cuyahoga Commissioners Peter Lawson Jones and Tim Hagan have commented they would vote to place the House plan before voters, but opposed the Grendell version. Should either plan make it out of the General Assembly Cuyahoga County voters would have final say on whether a change in structure is made. The General Assembly did not complete action on this item.
2010 Elections: The 2008 election results are not official yet but the political prognosticators already are turning their thoughts to 2010. In a recent poll Governor Ted Strickland’s approval rating place him at an advantage going into a re-election campaign in two years. Republicans have begun to talk with potential challenges, such as former Senator Mike DeWine and former Ohio Congressmen Rob Portman and John Kasich, but no one has emerged as a potential candidate. Although Mr. DeWine carries name recognition throughout the state, voters polled demonstrated little name recognition for the former Congressmen.
Meanwhile as U. S. Senator George Voinovich prepares for re-election to a third term early polls signal a possible tough race. The names of Ohio Congressional members Tim Ryan and Betty Sutton have surfaced as possible Democratic challengers.
Locally
Cleveland City Councilman Robert White III resigned on December 9. Mr. White had represented Ward 2 for twelve years. Nathaniel Wilkes has been appointed to complete Mr. White’s unexpired term.
A special election to fill the Ward 1 Council seat was held December 23 with Terrell Pruit defeating Tonya Jones. |
