Public Policy Report for 10 October 2006

After tabling several pieces of legislation, Congress recessed on 29 September so that members could return home to campaign for the November midterm elections on 7 November 2006. All 435 seats in the House of Representatives will be on the ballot, and one-third of Senate seats will be decided. Additionally, a number of high-profile state and local races with the potential to impact science education will be decided this November.

Before recessing, the Senate approved the "Secure Fence Act of 2006" (H.R. 6061) and agreed to conference reports on the 2007 Department of Homeland Security Appropriations Act (H.R. 5441) and the 2007 Department of Defense Appropriations Act (H.R. 5631). A continuing resolution was attached to the conference report for H.R. 5631 for "continuing appropriations for fiscal year 2007 for those departments and agencies for which appropriations will not be enacted into law before October 1, 2006."

Although the Mark Foley scandal and a recently released book by Watergate reporter Robert Woodward have captured national headlines and given the Sunday morning political pundits new discussion topics, some in the science community plan to ensure that the integrity of science is also a campaign issue. On 27 September 2006, a group of well-known scientists announced the launch of Scientists and Engineers for America (SEFORA). The group was established as a section 527 organization "dedicated to electing public officials who respect evidence and understand the importance of using scientific and engineering advice in making public policy," according to the group's website. The group plans to support candidates who support the group's mission and scientific bill of rights.

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Science promises to play a prominent role in this year's political campaigns. Important decisions about science policy, however, are not made exclusively at the federal level. State legislators play a critical role in allocating funding for state and local education activities ranging from pre-kindergarten programs to graduate education at state universities. They may also help determine how or whether science is used to inform local environmental public policy, and to craft state-supported programs aimed at fostering scientific R&D. In some locations, opponents of evolution education have sought to elect officials who support their anti evolution policy agenda.

In light of the importance of politics to sound science policy, scientists who are US citizens should remember to vote on Tuesday, 7 November. If you plan to be out of town on 7 November, you may vote by absentee ballot. Before voting, however, spend a little time researching the candidates. Local newspapers often outline candidates' positions on local issues, or local community groups (e.g. citizens for science education) will convene public meetings with candidates. Or simply contact the candidate's campaign headquarters and ask for their candidate's position on a given issue. You can find out more about candidates in your area by going to http://www.lwv.org/AM/Template.cfm?Section=Candidate_Information_Voter_Guides.

If you have not yet registered to vote or if you have moved since the last election, you may obtain the information you need to register at http://www.govote.org. You should also be able to obtain the necessary information from your state's Secretary of State and/or your local county Board of Elections.

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Animal rights activists that conduct violent acts against businesses and academic research institutions could soon face stiffer penalties. The United States Senate passed legislation (S. 3880) on 29 September 2006 that would authorize federal prosecution of animal rights activists charged with conducting acts of terrorism. The legislation, "The Animal Enterprise Terrorism Act" (AETA), was introduced by Senators James Inhofe (R-OK) and Diane Feinstein (D-CA).

Before final passage, Feinstein amended the legislation to remove a clause that would have made it a misdemeanor offense for "non-violent physical obstruction of an animal enterprise." Non-violent picketing and demonstrations would still allowed under this bill.

S. 3880 would outlaw physically or economically damaging and intimidating any "animal enterprise" which includes "...a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, research, or testing; a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or any fair or similar event intended to advance agricultural arts and sciences..." This measure is a more specific effort to protect "animal enterprises" than its predecessor, the "Animal Enterprise Protection Act of 1992" (AEPA). In March 2006, six animal rights' activists were found guilty under AEPA and are currently being sentenced. The new bill would broaden the offenses punishable to include property damage. It would provide varying sentences based on the extent of the crimes committed, and would also reduce punishment for violent crimes that result in death from a maximum sentence of the death penalty to life in prison.

Passing AETA was a priority for the fur industry, according to Fur Commission USA. The National Animal Interest Alliance also supports this legislation.

Not all sectors support the legislation, however. A witness at a House hearing on companion legislation, H.R. 4239, stated, "Property crimes are already punishable as so-called animal enterprise terrorism. This bill, though, further expands that sweeping category to include protests, boycotts, undercover investigations, whistle-blowing and non-violent disobedience. This bill criminalizes any activity...that causes economic damage defined as including the loss of profits. That's not terrorism, that's effective activism."

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As a result of a U.S. District Court ruling in 1999, the National Park Service (NPS) has released a 340-page Draft Environmental Impact Statement (DEIS) for Benefits-Sharing programs in national parks. The U.S. District Court ruled that the NPS had to prepare a DEIS to define the costs and benefits to the different aspects of the mission of the NPS before continuing with benefits-sharing plans. The DEIS describes the Park Service's role in commercial research findings that are a direct result of research activities within a NPS unit (approximately 400 units across the country). Under existing law, the NPS has the legal capacity to enter benefits-sharing agreements with researchers who commercialize findings from park lands, but no rules or restrictons have been established for these benefits-sharing agreements.

The DEIS provides background information on research permitting and access to NPS units. It explicitly states that "Research activities may be conducted by any scientist who qualifies for an NPS research permit without regard to whether that scientist is affiliated with or funded by public or private sources." The proposed Benefits-Sharing program (Alternative B in the DEIS) would not influence the research permitting process, but rather, provide specific guidelines for researchers who identify commercial applications for work conducted in national parks. It still prohibits the use of "research specimens" for commercial use, but does allow for "research findings" to be used commercially. Potential researchers would continue to use their existing permits to conduct research on NPS land, but would have to identify potential commercial impacts of the work.

Public comments on the DEIS must be received by 15 December 2006. Comments can be submitted via the internet at http://parkplanning.nps.gov/. They can also be mailed to the address specified in the DEIS.

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The USGS Coalition held its third annual Capitol Hill reception on September 18, 2006. The event was an opportunity to provide congressional staff with information about the biological, geographic, geological, and hydrologic research conducted by USGS scientists. The reception happened to immediately follow the confirmation of Dr. Mark D. Myers as director of the U.S. Geological Survey. The Senate confirmed Myers on Friday, September 15.

The reception once again featured exhibits that illustrate the kinds of research the USGS conducts in support of science and decision-makers across the nation. One display featured the Puerto Rican Trench mapping project. A screen display showed a three dimensional computer model of fire fuel predictors based on land coverage. The predictor is currently being used by on-the-ground fire crews across the country to focus efforts in those areas that are most likely to have fires. Other displays emphasized USGS natural hazards projects. The projects are aimed at reducing harmful effects of natural disasters by increasing preparedness in local communities.

AIBS is a founding member of the USGS Coalition. Other AIBS member societies that belong to the Coalition include the American Fisheries Society, American Society of Agronomy, Association of Ecosystem Research Centers, Botanical Society of America, Council of Science Editors, Crop Science Society of America, Ecological Society of America, Natural Science Collections Alliance, NatureServe, North American Benthological Society, Phycological Society of America, Society for Range Management, Society for Environmental Toxicology and Chemistry - North America, Soil Science Society of America, Weed Science Society of America, and The Wildlife Society.

AIBS member societies and organizations interested in becoming involved with the USGS Coalition should contact AIBS director of public policy Robert Gropp.

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Mark D. Myers, Ph.D., was confirmed as director of the United States Geological Survey by the Senate on 15 September 2006. Dr. Myers has over twenty years of experience in the geological science field as a state geologist and head of Alaska's Geological Survey. He has also served as a petroleum geologist and director of the State of Alaska's Division of Oil and Gas and has served as sedimentologist for multiple North Slope field programs. Myers has also been a geologist for ARCO Alaska Inc. and Phillips Alaska Inc. Myers earned his B.S. and M.S. degrees in geology from the University of Wisconsin-Madison and his Ph.D. in geology from the University of Alaska-Fairbanks.

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In the October 2006 Washington Watch article in BioScience, Barton Reppert reports that in the absence of a federal policy direction, state and local governments are beginning to address global climate change on their own.

Following is a brief excerpt from the article:

Back in 1992, Representative Henry A. Waxman (D-CA) introduced legislation aimed at dealing with global climate change by controlling emissions of greenhouse gases. Fourteen years later, the California Democrat and other environmentally conscious lawmakers are still waiting for Congress to act and set US national policy on global warming.

On 20 June 2006, Waxman and 12 cosponsors launched another effort, introducing the Safe Climate Act (H.R. 5642). "Global warming is the greatest environmental challenge of our time, and we have a short window in which to act to prevent profound changes in the climate system," Waxman declared. "Unless we seize the opportunity to act now, our legacy to our children and grandchildren will be an unstable and dangerous planet." He added that "it's simply too late for legislative baby steps."

To read the balance of the article for free, please visit http://www.aibs.org/washington-watch/washington_watch_2006_10.html.

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