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The 107th Congress (2nd Session) – 2002 in Outlook

2002 is an election year, and Congress will most likely avoid any long and protracted battles so that they can adjourn early in the year and return home to campaign for re-election. Considering how slim each party’s majority is in both chambers, Democrats and Republicans will position themselves on controversial legislation to show contrast between the two parties.

Because of the September 11 tragedies and the slowed economy, the large Federal surpluses have been eliminated and the Administration and Congress now face growing deficits. While members of Congress continue to view universities and their work as part of the long term solutions to both the economic and terrorist issues, they do not necessarily see an immediate, direct connection with the war on terrorism which is now dominating the Federal agenda. While federally funded scientific research is expected to receive favorable treatment, especially at NIH and NSF, funding increases may be accompanied by additional Federal oversight of research and education programs conducted by post-secondary education institutions.

Doubling NIH and NSF Budgets Effort — For the past few years, Congress has supported large increases for science funding at NIH and NSF, the majority of which is awarded in extramural grants to universities. While these increases have benefited core scientific disciplinary research, Congress has continued to provide significant funding for major initiatives in areas such as nanotechnology, information technology, and genomics. While both these agencies enjoy strong support from Congress and the Administration, the elimination of the Federal surplus and the growing deficits may lead to smaller increases than they have received in recent years.

Increased Support for Research to Combat Terrorism — Following September 11, the Administration and Congress have increased initiatives to fund programs to combat terrorism. Programs such as Critical Infrastructure Protection and Chemical and Biological Defense at the Department of Defense will receive substantial funding increases. From the DOD to the Department of Health and Human Services, a majority of the Federal agencies are involved in this effort. Much of the public discussion is in preparation for the near future. However, long-term basic and applied research in combating terrorism, in which universities play a vital role, will also be significantly increased.

Energy Policy and Research — Although Congress attempted to pass a comprehensive energy policy and research bill in 2001, differences over issues such as drilling in the Arctic National Wildlife Reserve (ANWR) prevented any legislation from moving through the chambers. In 2002, Senate Majority Leader Tom Daschle (D-SD) has promised to return to the debate and has introduced legislation (S. 1766). The House has passed H.R. 4, which embodies President Bush’s energy policy and contains the controversial ANWR provision, but members from both chambers and both parties may introduce additional bills to develop a new energy policy. Important to the UH System, many of the proposed bills encourage basic energy research and development programs to enhance energy efficiency in buildings, industry, power technologies, and transportation. A number of bills would also enhance the Department of Energy Office of Science’s fundamental research in energy-related aspects of nanoscience, advanced scientific computing, and genome research.

Student Aid Regulations — As Congress struggles to develop new policies and regulations in the aftermath of September 11, higher education institutions are concerned about how they can participate in the process while still fostering a positive atmosphere conducive to both an intellectual and cultural education on campus. In addition to examining potential new requirements, such as restrictions on student visas and increased lab security, Congress will also continue to streamline regulations governing Federal student aid. In the spring of 2001, Representative Buck McKeon (R-CA) introduced the "FED-UP" initiative in which he asked stakeholders in the student aid process to submit to Congress any burdensome and inefficient rules governing the disbursement of student aid. Based on suggestions he received, Representative McKeon is expected to introduce new legislation to alleviate many of these burdens. The Department of Education will also be examining any suggestions that do not require statutory changes.

Researcher Restrictions — Presently, UH is working with the academic community to develop an effective process of ensuring that university researchers are not on any of the lists of restricted individuals. Under the university-favored Bioterrorism Act, proposed by Senators Ted Kennedy (D- MA) and William Frist (R-TN), organizations would be required to register in order to use or transfer any biological agents or toxins. Registered organizations would then be required to submit names and other identifying information of intended users to the Attorney General so a background check can determine if a person should be restricted from using agents.

Rats, Birds, and Mice — The FY 2002 Agriculture Appropriations bill included language that placed a one-year moratorium on any proposed rulemaking that would modify the definition of "animal" in research to include rats, birds, and mice. However, because the moratorium lasts only one year, the issue will certainly resurface in 2002.

Charitable IRA Rollover — Earlier in the year, the Senate included a provision in its version of the tax cut legislation which would permit taxpayers 70.5 years of age and older to transfer their IRA assets directly to non-profit organizations without any tax liability. Unfortunately, the final tax cut legislation did not include this provision. This issue remains a favorite of President Bush and will be raised again in 2002.

Cybersecurity — Following September 11, Congress has stepped up its efforts to address the vulnerability of the nation’s computer networks and systems. In the House, Science Committee Chairman Sherwood Boehlert (R-NY) introduced H.R. 3394, the Cyber-Security Research and Development Act, which provides significant increases for grants in extramural research at the NSF and National Institute of Standards and Technology. This bill has been favorably reported out of the committee and will be debated in 2002.

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