2/16. The House Science Committee held a hearing titled "An Overview of the Federal R&D Budget for Fiscal Year 2006".

Rep. Sherwood Boehlert (R-NY), the Chairman of the Committee, wrote in his prepared statement [PDF] that "The budget proposal before us raises serious questions about our nation’s direction in the coming years."

He said that "The budget is a glass half full in that R&D as a whole has fared better, and basic research has fared no worse, than non-defense domestic discretionary spending as a whole. In other words, it would be unfair to describe the attitude behind this budget as in any way ``anti-science.´´ We are living through a period of stringent austerity, and the science budget reflects that rather than any hostility toward science."

He added that "But this budget is also a glass half empty. Key science agencies, most notably perhaps DOE’s Office of Science, would see their budgets cut. NSF education programs would be cut by 12 percent -- about as misguided a policy as one could imagine. I should say Congress tried going down this foolhardy path with regard to NSF in the early 1980s and quickly reversed course."

Arden Bement, the Director of the National Science Foundation (NSF), presented the case for research and development funding in his prepared testimony [PDF]. He wrote that "For many years, the United States economy has depended heavily on investments in research and development -- and with good reason. America’s sustained economic prosperity is based on technological innovation made possible, in large part, by fundamental science and engineering research. Innovation and technology are the engines of the American economy, and advances in science and engineering provide the fuel."

He elaborated that "Investments in science and technology -- both public and private -- have driven economic growth and improved the quality of life in America for the last 200 years. They have generated new knowledge and new industries, created new jobs, ensured economic and national security, reduced pollution and increased energy efficiency, provided better and safer transportation, improved medical care, and increased living standards for the American people. Innovation and technology have become the engines of the American economy, and advances in science and engineering provide the fuel."

He also addressed funding of his agency. "In light of the tight fiscal climate, NSF fared relatively well. For the coming fiscal year, NSF requests $5.6 billion, an increase of $132 million, or 2.4 %, over last year’s appropriated levels.

John Marburger, Director of the White House Office of Science and Technology Policy, wrote in his prepared testimony [PDF] that despite budgetary pressures, "Federal R&D funds will increase in the President’s fiscal year (FY) 2006 budget. The Budget maintains a strong focus on winning the war against terrorism, while moderating the growth in overall spending, and this focus is reflected in the proposed R&D investments. The Administration has also maintained high levels of support for priority areas such as nanotechnology, information technology, the hydrogen initiative, and space exploration."

Marburger (at right) also focused on the President's budget proposals regarding nanotechnology and information technology. He wrote that "NSF leads two Administration priority research areas that promise to strengthen the nation’s economy: the National Nanotechnology Initiative (NNI) and the Networking and Information Technology R&D program (NITRD). NSF-funded nanotechnology research, proposed at $344 million in FY 2006, a 1.6 percent increase over 2005 and 129 percent since 2001, has advanced our understanding of materials at the molecular level and has provided insights into how innovative mechanisms and tools can be built atom by atom. This emerging field holds promise for a broad range of developing technologies, including higher-performance materials, more efficient manufacturing processes, higher-capacity computer storage, and microscopic biomedical instruments and mechanisms. NSF’s investments in NITRD, funded at $803 million in 2006, a one-percent increase over 2005 and 26 percent since 2001, support all major areas of basic information technology (IT) research."

He added that the "NSF also incorporates IT advances into its scientific and engineering applications, supports using computing and networking infrastructure for research, and contributes to IT-related education for scientists, engineers, and the IT workforce. Growing concerns about the vulnerability of computers, networks and information systems have prompted increased NSF investments in cyber security research, education and training. The FY 2006 Budget provides $94 million for these activities."

Theodore Kassinger, Deputy Secretary of Commerce, wrote in his prepared testimony [13 pages in PDF] about Department of Commerce R&D. He discussed, among other projects, the National Institute of Standards and Technology's (NIST) research regarding interoperability and security, and quantum computing.

See also, prepared testimony [70 pages in PDF] of Charles McQueary, the Undersecretary for Science and Technology at the Department of Homeland Security. He addressed cyber security at pages 34-35. And see, prepared testimony [PDF] of Samuel Bodman, the Secretary of Energy.

2/16. A group of industry and research university representatives named the "Task Force on the Future of Innovation" held a news conference in Washington DC to advocate more federal government spending on research and development.

They also released a report [PDF] titled "The Knowledge Economy: Is the United States Losing Its Competitive Edge?" This report is also subtitled "Benchmarks of Our Innovation Future".

This report provides data on numbers of graduate students in science and engineering, publication of scientific articles, and patent applications. The report concludes from this data that "the United States can no longer take its supremacy for granted. Nations from Europe to Eastern Asia are on a fast track to pass the United States in scientific excellence and technological innovation."

The thesis of the speakers is that innovation increases national competitiveness, as well as productivity and income. Moreover, innovation can, and should, be accomplished by federal government spending programs.

The speakers included Craig Barrett (CEO of Intel), John Engler (President of the National Association of Manufacturers), Nils Hasselmo (President of the American Association of Universities), Dianna Hicks (Georgia Institute of Technology), and Deborah Smith (President of the Council on Competitiveness).

Barrett, in his opening statement, said that "The competitiveness of the U.S. economy and its technological leadership depend on our companies, universities, and research institutions having access to the world’s leading talent. U.S. employers are being forced to look overseas, as they face shortages of qualified technically trained talent in the U.S. As research goes, so goes the future. If this trend continues, new technologies, and the constellation of support industries surrounding them, will increasingly develop overseas, not here."

He also elaborated later that the Congress should double the National Science Foundation (NSF) budget in the short term. He was also asked what government programs might be cut to provide more funding for research and development. He, and other speakers, provided no responsive answer.

Hasselmo stated that government spending leads to innovation in two ways. First, the funded universities make discoveries. Second, funded universities train people in math, science and engineering, who in turn go on to make discoveries.

He also pointed out that government funding and foreign competition are not the only problems that U.S. universities face. He cited the effect of "stricter visa policies enacted after 9/11".

Smith discussed the Council on Competitiveness' (CC) report [PDF] titled "National Innovation Initiative Report". The CC is a group comprised of representatives from research universities, and large incumbent U.S. corporations. She also asserted, as has the CC, that there exists a "national innovation ecosystem".

Several of the speakers at this event, in pleading for more R&D funding, invoked the fact that the year 2005 is the 100th anniversary of Albert Einstein's publication of several of his seminal papers on special relativity, quantum theory of light and Brownian motion. None noted that at the time Einstein was a clerk in a patent office writing on his own time, without the benefit of government R&D funding, or support from any university.

2/16. The House approved HR 310, the "Broadcast Decency Enforcement Act of 2005", by a vote of 389-38. See, Roll Call No. 35. This bill would, among other things, raise the minimum fine from $32,500 to $500,000 per violation.

The House approved by voice vote an amendment [PDF] in the nature of a substitute offered by Rep. Fred Upton (R-MI) and Rep. Ed Markey (D-MA), sponsors of the bill. The House then approved the bill as amended, on the roll call vote.

Rep. Upton stated that "There must be a level of expectation when a parent turns on the TV or radio between the family hours that the content will be suitable for children.  A parent should not have to think twice about the content on the public airwaves.  Unfortunately, that situation is far from reality. With passage of this legislation, I am confident that broadcasters will think twice about pushing the envelope. And our kids will be better off for it. I am pleased with the passage of this bill in the House today, not only as the bill's author, but more importantly as a parent." See, release.

The final vote was overwhelmingly in favor of the bill. Perhaps it should be noted that some of the Silicon Valley area Representatives did not support this bill. Rep. Zoe Lofgren (D-CA) voted no. Rep. Mike Honda (D-CA) voted no. Rep. Anna Eshoo (D-CA) did not cast a vote.

See also, stories titled "House Commerce Committee Approves Bill to Increase Broadcast Indecency Fines" in TLJ Daily E-Mail Alert No. 1,074, Feb. 10, 2005, and "House to Take Up Broadcast Decency Enforcement Act" in TLJ Daily E-Mail Alert No. 1078, February 16, 2005.

2/16. Peter Allgeier, the Deputy U.S. Trade Representative (USTR), held a news conference at which he discussed the Doha Development Agenda. One of the issues that he discussed was immigration of persons involved in delivering services, particularly in the technology sector. This issue is also referred to as "Mode 4". See, transcript.

He began that Mode 4 is "the movement of natural persons as a way of delivering services, in other words they actually go to the country to deliver the service." He said that "this is a difficult issue for us. And I think it is difficult for a lot of other countries too, because it has a bearing on immigration and that is a sensitive issue, as to how it is handled."

Allgeier said that "We are actually a very open country, in terms of people coming to work in our economy and to get the necessary visas to work in our economy, and if you look at any high tech area in our country, you’ll see that there are many, many people, many professionals from overseas, who are working there. But there are sensitivities, and frankly the sensitivities have increased as a result of the security situation. On the other hand, I mean, we do hear how important this is to many, many countries, and so this is one of the areas that we have a lot of work to do back in our capital to find the right response on this issue."

He also said that "there are other ways to deliver a service. And with Mode 4, for a developing country what it means is some of the brightest people in their economy are leaving their economy and going to make their fortune in another country. Understandable, but from the country's stand point, they're losing an awful lot of talent, and more and more, there are ways to deliver a lot of these services in a cross border way. I mean if you think about, for example, an architect. An architect can do a lot more across the Internet than was possible ten years ago. So I think it is important for countries to also look down the road, five years from now, ten years from now, what other modes of delivery could be important and effective for them."

2/16. Sen. Arlen Specter (R-PA), the Chairman of the Senate Judiciary Committee, announced in a release that he "has been diagnosed with Hodgkin's disease" This release further states that he "is expected to receive ABVD chemotherapy every two weeks over the next 24 to 32 weeks". It also states that "It is expected that Senator Specter will be able to perform all duties of his office including those related to the chairmanship of the Judiciary Committee."

2/16. John Wood was named Chief of Staff of the Department of Homeland Security (DHS). Before this, he was Counselor to the Attorney General in the Department of Justice (DOJ), where he handled the DOJ's Civil, Civil Rights, Antitrust, Tax, and Environment Divisions and the DOJ's civil terrorism litigation. Before that, he was Deputy General Counsel for the Office of Management and Budget (OMB). Before joining the Bush administration he was an attorney at the law firm of Kirkland and Ellis.

2/16. Brian Besanceney was named Assistant Secretary for Public Affairs at the Department of Homeland Security (DHS). He previously worked in communications at the White House. Before that, he worked as communications director for Rep. Rob Portman (R-OH).

2/16. Jennifer Manner (at left), Senior Counsel to Federal Communications Commission (FCC) Commissioner Kathleen Abernathy, will leave the FCC. She will become VP, Regulatory Affairs, at Mobile Satellite Ventures (MSV). John Branscome, who is currently Legal Advisor to the Chief of the FCC's Wireless Telecommunications Bureau, will be Abernathy's acting legal advisor for wireless, international, and technology issues. See, Abernathy release [PDF] and MSV release.

2/16. The Senate Foreign Relations Committee approved the nomination of Robert Zoellick to be Deputy Secretary of State.

2/16. The Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights cancelled its hearing titled "Obscenity Prosecution and the Constitution", which had been scheduled for Wednesday afternoon, February 16.

The House will meet at 10:00 AM for legislative business. It may take up S 5, the "Class Action Fairness Act of 2005". See, Republican Whip Notice.

The Senate will meet at 10:00 AM. It will resume consideration of resume consideration of  S 306, the "Genetic Information Nondiscrimination Act of 2005".

The Supreme Court is in recess until February 22, 2005.

9:00 - 11:00 AM. The DC Bar Association will host a panel discussion titled "Broadband Over Power Lines: Does It Work, How Does It Work, and How Will It Be Regulated?" The scheduled speakers are Kathleen Abernathy (FCC Commissioner), Nora Brownell (Federal Energy Regulatory Commission), Laura Chappelle (Chairman of the Michigan Public Service Commission), James Bolin (Current Technologies), Jonathan Frankel (Wilmer Cutler Pickering Hale & Dorr), and David Konuch (Fleischman & Walsh). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Role of Technology in Achieving a Hard Deadline for the DTV Transition". The hearing will be webcast by the Committee. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. It will consider S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005". See, notice. Press contact: Blain Rethmeier (Specter) at 202 224-5225, or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in SBC Communications v. FCC, No. 03-1147, a petition for review of a Forfeiture Order in which the FCC held that SBC violated the provision of the FCC's order approving the merger of SBC and Ameritech which required SBC to offer access to the shared transport element of its telephone network to competitors in five midwestern states. See, FCC's brief [38 pages in PDF]. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in MGM v. Marybeth Peters, No. 04-5142, and Universal City Studios v. Marybeth Peters, No.04-5138.  Judges Edwards, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:00 NOON. The Federal Communications Commission's (FCC) will host an event titled "Telecommunications Services Priority (TSP) Summit". See, notice and agenda [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

TIME CHANGE. 9:30 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR 683, the "Trademark Dilution Revision Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

9:30 AM - 12:00 NOON. The U.S. Patent and Trademark Office (USPTO) will host a seminar on the People's Republic of China's criminal justice system for intellectual property offenses. The speakers will include Steve Pinkos (Deputy Director of the USPTO), James Feinerman (Georgetown Law School), Mark Cohen (USPTO’s IP attaché assigned to the U.S. Embassy in Beijing), and Elaine Wu (Attorney Advisor, USPTO). Location: USPTO, Randolph Building Conference Center, 401 Dulany Street, Alexandria, VA.

10:00 AM. The House Appropriations Committee's Subcommittee on Homeland Security will hold a hearing titled "Department of Homeland Security Management and Operations". Deputy Secretary of Homeland Security James Loy will testify. Location: Room 2359, Rayburn Building.

10:00 AM. Alan Greenspan, Chairman of the Federal Reserve Board, will testify before the House Financial Services Committee on monetary policy and the state of the economy. Location: Room 2128, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Developments In U.S.-Russian Trade And Business Relations". The scheduled speakers are Andrey Dolgorukov (Trade Representative of the Russian Federation to the U.S.), Eugene Lawson (P/CEO of the U.S.-Russia Business Council), Richard Dean (Coudert Brothers), and Geoffrey Goodale (Gardner Carton & Douglas). See, notice. Prices vary from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

1:30 PM. The House Ways and Means Committee's Subcommittee on Trade will hold an organizational meeting. Location: Room 1129, Longworth Building.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) WRC 07 Advisory Committee, Informal Working Group 3: IMT-2000 and 2.5 GHz Sharing Issues will meet. See, FCC notice [PDF]. Location: FCC, 445 12th Street, SW, South Conference Room (6th Floor, Room 6-B516).

4:00 PM. Glynn Lunney (Tulane University Law School) will present a draft paper titled "Patents and Growth: Empirical Evidence from the States". See, abstract of paper, and notice of event. This event is part of the Spring 2005 Intellectual Property Workshop Series sponsored by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun at law dot gwu dot edu. The event is free and open to the public. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2FNPRM) regarding reducing barriers to secondary markets for spectrum rights. See, notice in the Federal Register, December 27, 2004, Vol. 69, No. 247, at Pages 77560 - 77568. This 2FNPRM is a part of a larger item that the FCC adopted on July 8, 2004, and released on September 2, 2004. See, story titled "FCC Adopts Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 934, July 9, 2004; and story titled "FCC Releases Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 969, September 3, 2004. See also, story titled "FCC Sets Comment Deadlines on 2FNPRM Regarding Secondary Markets for Spectrum" in TLJ Daily E-Mail Alert No. 1,045, December 28, 2004.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Qualcomm's Petition for Declaratory Ruling seeking clarification of rules and the establishment of a streamlined review process to accelerate the deployment of new services in the 700 MHz band. See, FCC Public Notice (DA 05-87). This proceeding is WT Docket No. 05-7.

12:00 NOON. Glynn Lunney (Tulane University Law School) will give a lecture titled "Direct and Indirect Stock Price Reactions to Patent Decisions" as part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec at law dot georgetown dot edu, or Jay Thomas at 202 662-9925. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz), which is scheduled to begin on July 20, 2005. See, FCC's Public Notice numbered DA 05-171.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 61, the auction of of ten Automated Maritime Telecommunications System (AMTS) licenses scheduled to commence on August 3, 2005. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Pages 7270-7274.

The Senate will not meet on Monday, February 21 through Friday, February 25 for its Presidents Day recess. See, Senate calendar.

The Federal Communications Commission (FCC) and other federal offices will be closed in observance of George Washington's birthday. See, Office of Personnel Management's (OPM) list of federal holidays.

The Supreme Court return from a recess that began on January 24, 2005.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Library Association v. FCC, No. 04-1037. The is a petition for review of the Federal Communications Commission's (FCC) broadcast flag order. See, Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF]. This item is FCC 03-273 in MB Docket 02-230. See also, story titled "FCC Releases Broadcast Flag Rule" in TLJ Daily E-Mail Alert No. 772, November 5, 2003. The petitioners are the American Library Association (ALA), Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Consumer Federation of America (CFA), Consumers Union, and Electronic Frontier Foundation (EFF). Public Knowledge and the law firm of Steptoe and Johnson represent petitioners. See, petitioners' brief [63 pages in PDF]. Judges Edwards, Sentelle and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Online Communications Committee will host a brown bag lunch. Jeffrey Carlisle (Co-Director of the FCC's Internet Policy Working Group and Chief of the FCC's Wireline Competition Bureau) will give an address on voice over internet protocol issues titled "Fear and Loathing in The Voice Markets". RSVP to Wendy Parish wendy@fcba.org. Location: Davis Wright Tremaine, 1500 K Street, NW, Suite 450.

6:00 - 8:45 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Using Section 337 Proceedings for Effective Enforcement of Intellectual Property Rights at the Border". The speakers will be Wayne Herrington (International Trade Commission), Sturgis Sobin (Miller & Chevalier), Cindy Weber (Sughrue Mion), and Aoi Nawashiro (Browdy & Neimark). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM - 12:00 NOON. The Advisory Committee for the 2007 World Radiocommunication Conference will meet. See, FCC notice [PDF] and notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Page 87. Location: Federal Communications Commission (FCC), Commission Meeting Room (TW-C305), 445 12th St., SW.

11:30 AM - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Wireless Broadband Issues & Hot Topics". The speakers will include Lauren Van Wazer and John Branscome (Co-Chairs of the FCC's Broadband Wireless Access Task Force), Carolyn Brandon (VP Policy, CTIA), Andrew Krieg (President of Wireless Communications Association International), Rebecca Arbogast (Legg Mason), David Furth (Associate Chief of the FCC's Wireless Telecommunications Bureau), Paul Sinderbrand (Wilkinson Barker & Knauer), Donald Evans (Fletcher Heald & Hildreth), Todd Gray (Dow Lohnes & Albertson). Lunch will be served. For more information, contact Adam Krinksy at 202 383-3340. See, registration form [PDF]. Prices to attend range from $65 to $140. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

12:00 - 1:30 PM. The DC Bar Association will host an event titled "Protecting Consumers in the 21st Century: Law Enforcement at the Federal Trade Commission". The speaker will be Deborah Majoras, Chairman of the Federal Trade Commission (FTC). The price to attends ranges from $10 to $20. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day meeting of the Homeland Security Science and Technology Advisory Committee (HSSTAC). This meeting is closed to the public. See, notice in the Federal Register, January 31, 2005, Vol. 70, No. 19, at Page 4881. Location: Booz Allen Hamilton, Virginia Square Plaza, 3811 Fairfax Drive, Arlington, VA.

12:15 PM. The Federal Communications Bar Association (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "A Bird's-Eye View of Developments in Satellite Communications". The scheduled speakers include Bill Bailey (XM Radio), Susan Eid (Directv), Jennifer Warren (Lockheed Martin), and a representative of the FCC's International Bureau. For more information, contact Natalie Roisman at natalie.roisman@fcc.gov or 202 418-1655. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

Day two of a two day meeting of the Homeland Security Science and Technology Advisory Committee (HSSTAC). This meeting is closed to the public. See, notice in the Federal Register, January 31, 2005, Vol. 70, No. 19, at Page 4881. Location: Booz Allen Hamilton, Virginia Square Plaza, 3811 Fairfax Drive, Arlington, VA.

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