On The Hill Bush Praised On Energy, Disappoints On Innovation by Heather Greenfield      President Bush spent a significant part of his State of the Union address Tuesday talking about developing energy alternatives and saving energy. Technology industry leaders also noted his first stop as he took his message on the road: DuPont's Experimental Station in Wilmington, Del.    Tech Talk In Committee The Watchful Eye Of House Judiciary Patent Reform Tops Panel's Agenda Tech Agenda At Senate Commerce Senate Judiciary Embraces Oversight House Energy And Commerce Roster More stories ...      Flanked by scientists, Bush on Wednesday saw the latest in biofuels research, including cellulosic ethanol, which is produced from switchgrass and wood chips rather than corn.      Deborah Wince-Smith, CEO of the Council on Competitiveness and a former undersecretary for technology at the Commerce Department, said she was excited about "the whole energy sustainability and climate change focus" in both the president's speech and the visit to DuPont. "He's signaling that he's serious about biofuels and renewables," Wince-Smith said.      She said energy is a competitiveness issue for both the companies on the innovation end and users who face rising energy costs that have caused manufacturing plants to locate overseas and Internet companies to build in the Pacific Northwest because of lower energy costs.      "Just like we want the U.S. to [produce] the next Google or the next leader in the creation of the nano-device industry, we want the U.S. to be the leader in the movement to sustainability," Wince-Smith said.      "We commend the administration for their heightened focus on advanced energy technologies, including alternative and renewable fuels," TechNet CEO Lezlee Westine said. "This strong commitment will continue the bipartisan progress we are making to provide greater energy security, global competitiveness and enhanced protection for our environment."      Parker Brugge, the environmental counsel at the Consumer Electronics Association, noted that "it was interesting and refreshing to hear the president recognize climate change as an issue. Setting a renewable fuel goal five times greater than the current goal is certainly ambitious."      The president did not mention his American competitiveness initiative that was highlighted in his last State of the Union address. It calls for greater funding of basic research at the national laboratories, making the research and development tax credit permanent, providing visas for highly skilled foreign workers and improving mathematics and science education.      But he did mention two of those items. Some techies are making the best of Bush's call for "comprehensive immigration reform" and to "make sure our children are prepared for the jobs of the future, and our country is more competitive, by strengthening math and science skills."      "There wasn't a big focus on education like last year," said Wince-Smith, noting that she knows from discussions that it remains a priority. "The State of the Union can't repeat what it did the year before."      But Al Teich, director of science and policy programs for the American Association for the Advancement of Science, said he "was rather disappointed there was no mention" of the competitiveness initiative. He added that "the science and math education reference is something that could be tied" to the initiative.      "It was disappointing and missed the opportunity to follow up on ideas that looked very promising last year," Teich said.      Business Software Alliance President and CEO Robert Holleyman was more optimistic, welcoming the mention of education as a sign that the president continues to support the competitiveness initiative. He added that BSA remains "hopeful" that Congress will pass competitiveness legislation.      "We're confident that the president remains committed to these issues, but last night they were crowded out by other priorities," Electronic Industries Alliance CEO Charlie Robinson said. "Still, this speech offers some promise that by continuing to work on a bipartisan basis, we can enact much of the innovation agenda this year."

Education Bush Calls For Adding Science To Education Rules by Aliya Sternstein      In Tuesday's State of the Union address, President Bush proposed adding a science component to the five-year-old education law that currently focuses on mathematics and reading proficiency.      The 2002 education law, known as the No Child Left Behind Act, requires educators to ensure that every student read and do math at grade level or above by 2014.      The science measure is one of several enhancements that the president said he wants rolled into the reauthorization of the law. Bush said such improvements could link education to the competitiveness agenda he proposed during last year's State of the Union speech.      "Because we acted, students are performing better in reading and math, and minority students are closing the achievement gap," Bush said. "Now the task is to build on the success. ... We can make sure our children are prepared for the jobs of the future and our country is more competitive by strengthening math and science skills."      Before and after the president's announcement, lawmakers and lobbyists were urging a new focus on science, technology, engineering and math when the law is reauthorized.      House Education and Labor Committee Chairman George Miller, D-Calif., one of the four original authors of the act, said the president's commitment to his new education proposals is in question until "we see his budget and see if he is finally ready to begin to keep his promise to schoolchildren and their schools."      Sen. Mike Enzi of Wyoming, the top Republican on the Senate Health, Education, Labor and Pensions Committee, said that because "the global economy is increasingly technology-driven," the nation must continue efforts to ensure that students have the chance to sharpen their science, technology, engineering, and math knowledge and skills.      Some advocates of bolstering science, technology, engineering and math education praised the president's message.      "His proposal to ensure that all students are proficient in science by [2019-2020] will bring much needed attention to the lackluster science education far too many students are receiving," said James Brown, the co-chairman of the STEM Education Coalition, an alliance of science, education and business groups.      Brown said last week that while he expects science, technology, engineering and math will be added to the law, he doubts lawmakers will finish work on the reauthorization this Congress.      Other education experts were less enthusiastic about Bush's education proposals. "Most of President Bush's State of the Union education proposals are old and come off the shelf," said Michael Dannenberg, director of the New America Foundation's education policy program.      He said "the freshest idea in the Bush education agenda" rests on improving high schools. Bush called for making advanced-placement classes available to more low-income students and distributing grant aid to low-income college students who take challenging course loads while in high school.      Dannenberg noted, however, that congressional Democrats' priority is college affordability and access. "There's no reason these two agenda items -- improving high schools and college affordability and access -- can't come together and become law, he said.

Editor's Note: The following two stories are part of a series on the key technology players and issues before the committees of the 110th Congress. The package will run over the next two weeks. On The Hill Civil Libertarians Hope Rep. Conyers Charts New Path by Andrew Noyes      In early 2006, the effort by Rep. John Conyers to probe the Bush administration's domestic spying program was relegated to the Rayburn Building's basement after the House Judiciary Committee's Republican leadership refused to hold an official hearing.      Twelve months later, the Michigan Democrat is now in the committee driver's seat. That has led civil libertarians and privacy experts to anticipate more action on issues like government wiretapping and secrecy than under the watch of the panel's previous chairman, Wisconsin Republican James Sensenbrenner.      Caroline Fredrickson, executive director of the American Civil Liberties Union's Washington office, said Conyers is "very, very committed to getting to the bottom of this," but the House and Senate are "different animals." The Senate Judiciary Committee already has held two hearings this month that touched on the topic.      Members of the Senate panel, who heard testimony last year from Attorney General Alberto Gonzales, judges and privacy experts, "had more running room to get their ideas out," Fredrickson said. Sensenbrenner "had everything clamped down from the beginning."      The ACLU believes that Conyers "can set a new agenda in the House and put issues on the table that they weren't allowed to discuss before," she said, pointing out that the 21-term congressman has "a long, proud history of supporting civil liberties and civil rights."      It took a few weeks to finalize a membership roster and subcommittee chairmanships, a spokesman said, noting that Conyers has yet to publicize his agenda. Lamar Smith of Texas, who previously chaired the Courts, Internet and Intellectual Property Subcommittee, will be the full committee's ranking Republican.      Arizona Republican Jeff Flake, who joined California Democrat Adam Schiff early this session in introducing a bill to modernize laws governing domestic cases of foreign intelligence collection, is no longer on the committee. "That's a loss from a civil liberties perspective," Fredrickson said.      Schiff said he believes his panel and the House Intelligence Committee "really need to get to the bottom of whether the Constitution is being upheld in the [National Security Agency] surveillance program."      The about-face the Bush administration did in agreeing to submit cases to the Foreign Intelligence Surveillance Court "is a step in the right direction," he said. "But we have no way of knowing if it's a step far enough or a step too short," Schiff noted, because the Justice Department left many questions about the program unanswered.      He said he hopes there will be increased willingness under Conyers' leadership "to ask the hard questions." "When the chairman of the committee asks for information, if the administration isn't forthcoming, there will be real consequences," he said.      New York Democrat Jerrold Nadler, who is expected to head the Constitution Subcommittee, "will play a very decisive role," Fredrickson said. Melvin Watt, D-N.C., and Bobby Scott, D-Va., also will be key players, she added.      Lisa Graves, deputy director of the Center for National Security Studies, echoed Fredrickson. She called Scott "a brilliant and devoted champion of individual rights" who will "work hard about getting the truth and be dogged about getting the truth."      Nevertheless, it remains unclear how much attention Conyers will give to government surveillance and privacy issues. Graves said Sensenbrenner "showed no interest" in the topic until after the office raid targeting Rep. William Jefferson, D-La., in a bribery investigation.      Rep. Zoe Lofgren, D-Calif., said she is hopeful the NSA program and related issues will be on the committee's front burner. "We need to take a serious look at this and make sure the Constitution is being adhered to and the law is being complied with," she said.      So far, that has not happened. She characterized one classified briefing by administration officials late last year as "useless" and "not on point."      "If there's a problem that makes it difficult or impossible to get wiretaps on America's enemies, we should take a look at that," Lofgren said. "We're not opposed to wiretapping al Qaeda. We're opposed to trashing the Constitution."      There will be more dialogue between the House and Senate Judiciary panels this year, she predicted. For the first time in recent history, Lofgren said she believes her committee will "aggressively reach out to the Senate so we can accomplish something, not just pass a House measure."      Data security is another issue that "slops over" into multiple jurisdictions but is important for the Judiciary to address, she said. "If you establish some standards for everyone to meet, you'll go a long way in solving the problem," Lofgren said, referring to the string of recent government and private-sector data breaches.

On The Hill House Panel Eyes Patent And Music-Licensing Reforms by Andrew Noyes      Updating the nation's patent laws will be the chief priority of the House Judiciary Courts, the Internet and Intellectual Property Subcommittee in the 110th Congress, members told Technology Daily in a series of interviews. Other issues, such as music licensing and examining progress on anti-piracy efforts, also are on the agenda.      California Democrat Howard Berman, the panel's chairman, has pushed patent reform for more than five years, ever since he read studies by the FTC and National Academies that indicated the existing system is ill-suited for the high-tech age.      The consequence is too much time being taken to get patents issued and "things being patented that shouldn't have been patented," he said. Poor-quality patents have a serious impact on the economy and innovation, and can lead to frivolous litigation, he said.      Berman said he hopes to have patent reform legislation ready for the subcommittee's consideration "in a matter of weeks." "We'll move on that issue quickly," he predicted, noting his plans to work with Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., to get a similar bill moving.      Critics will not thwart his effort this year, as was the case in the Republican-led 109th Congress, Berman vowed. "One particular industry was very change-resistant and, from on high came the word that if that industry wasn't happy, nothing was going to move," he recalled.      The industry in question, according to policy watchers, was the powerful pharmaceutical lobby, which made hefty donations to Republican campaigns in recent elections. The patent reform campaign, led by many in the tech industry, could not compete.      A spokeswoman for the Pharmaceutical Research and Manufacturers of America said she would not comment on her group's strategy this year because no legislation has been introduced and no hearings have been scheduled yet.      Berman said he anticipates that his first formal subcommittee gathering will focus on patent quality, backlogs at the Patent and Trademark Office, and whether the delays carry negative consequences for the economy and innovators.      Virginia Democrat Rick Boucher, with whom Berman has worked closely on patent issues, said "the dynamic is very different" in the 110th Congress thanks to a change in congressional leadership and the Supreme Court's acknowledgement that change is needed in the patent system. Boucher said he wants to ensure ample opportunity for an opposition proceeding at the PTO when someone alleges that a particular patent should not have been granted.      Rep. Bob Goodlatte, R-Va., said the subcommittee also should push for an increase in the number of H1-B visas for skilled foreign workers. Lifting the visa cap would help "make sure American companies can remain competitive in the world ... which means having highly skilled foreign workers here."      Goodlatte also plans legislation aimed at thwarting frauds who use phony e-mails and Web sites to go "phishing" for personal and financial data, and who secretly install spyware on people's computers. One such bill passed the House in the 109th Congress but stalled in the Senate last year.      Berman said he wants to make headway on music-licensing reform as well. The recording industry's survival depends on streamlining the process for granting digital music rights, he said.      Examining piracy, particularly in Russia, is another item on Berman's to-do list. Keeping tabs on China, which reportedly has the highest piracy levels in the world, is important, "but with Russia, there is a leverage opportunity," he said. That is because Congress eventually will be asked for its blessing on Russia's accession to the World Trade Organization.      The IP subcommittee chairman said he also will rely heavily on ranking Republican Howard Coble of North Carolina for input into the panel's priorities. "He's a wonderful person to work on a bipartisan basis with," Berman said. "These issues in many cases don't break down on partisan grounds."

On The Hill Pelosi Pledges To Help Localities On Tech Issues by Michael Martinez      House Speaker Nancy Pelosi on Wednesday told a group of local lawmakers that she would fight hard on their behalf in the 110th Congress for various technology-related issues.      At the winter meeting of the U.S. Conference of Mayors, Pelosi, D-Calif., pledged her support for the group's 10-point congressional action agenda for 2007. The mayors' plan includes calls for increased federal funding for security and law enforcement programs, and assistance in improving local education systems to cultivate a globally competitive workforce.      Pelosi, whose brother and father both served as mayor in Baltimore, touted a few measures already passed by the House in its first few weeks under her party's control. She said a measure to implement the remaining recommendations of a 2004 commission that investigated the Sept. 11, 2001, terrorist attacks would help secure the nation's urban areas.      On the education front, she said Congress needs to ensure that the Bush administration's 2002 education law, known as the No Child Left Behind Act, is fully funded. She also noted that security, education and economic competitiveness are linked.      "In order to be competitive, Americans must first be safe," she said.      Earlier Wednesday at a meeting of the conference's transportation and communications committee, a key aide to Rep. Edward Markey, D-Mass., warned that a recent FCC order undercuts the authority of localities to regulate telecommunications services.      Markey aide Colin Crowell said the FCC order, which restricts the time localities can take to review applications for video franchises, closely tracked provisions in communications legislation that the House passed last year but that died in the Senate. Markey now chairs the House Energy and Commerce Telecommunications and the Internet Subcommittee.      Telephone companies have lobbied hard at the federal and state levels for streamlined rules that would allow them speedier entry into video markets. An order approved by the FCC last month requires localities to review franchise applications within 90 days.      "Many of the provisions (of the FCC order) usurp congressional authority," Crowell said. "It certainly will be subject to oversight."      He said Markey has concerns about how the order would affect local public, educational and governmental programming, and about its lack of safeguards to ensure that providers offer service to low-income and rural areas.      In addition to video-franchising, Crowell said Markey plans to examine high-speed Internet connectivity, equal treatment of broadband content, media ownership, the digital television transition, the e-rate program, which subsidizes Internet access at schools and libraries, and the universal service fund that aims to ensure access to affordable communications.      House Transportation and Infrastructure Committee Chairman James Oberstar, D-Minn., told mayors on the panel that he is fully committed to legislation to secure passenger railroad and transit systems. He said he has been working closely with Homeland Security Committee Chairman Bennie Thompson, D-Miss., on the issue.      "We have agreed on how we're doing it," he said. "We're going to move ahead."

Intellectual Property Business Groups Release New Tools To Combat Piracy by Andrew Noyes      The American business community took another step Wednesday toward combating counterfeiting and piracy by unveiling a comprehensive roadmap to help companies protect their supply chains from intellectual property infringers.      The Coalition Against Counterfeiting and Piracy and the U.S. Chamber of Commerce, which released the recommendations at a press briefing, estimate that modern-day pirates cost the economy as much as $250 billion annually.      The toolkit includes best practices and a handful of case studies on companies that implemented aggressive IP protection techniques, said Caroline Joiner, the chamber's anti-piracy chief. Participating firms included Bendix Commercial Vehicle Systems, Ford and the pharmaceutical firm Purdue Pharma.      Purdue Pharma uses armored trucks, global-positioning equipment, radio-frequency identification tags and counter-surveillance teams to keep their products out of criminals' hands. Aaron Graham, the firm's vice president for corporate security, said the measures are "not about ROI [return on investment] or profit loss. It's about patient safety."      Some companies have pursued litigation against IP abusers. David Wilt, a security manager with Xerox, said his corporation has successfully prosecuted pirates domestically and overseas. "We want Xerox to be as hard a target as possible for counterfeiters to infiltrate," he said.      But Brad Huther, the chamber's IP coordinator, said foreign prosecutions have not met the U.S. business community's expectations. One reason is because IP protectors lack a global database of intelligence on the topic. That type of resource is in the works, thanks to an Interpol initiative to gather data from the international law enforcement agency's 186 member-countries.      The U.S. government challenged the chamber two years ago to develop the strategy with an eye toward helping small- and medium-sized enterprises, said Stephen Jacobs, the Commerce Department's deputy assistant secretary for trade agreements. He commended the group for its "emphasis on cooperation with law enforcement officials."      "There is no one-size-fits-all solution" to the epidemic, Jacobs said, "but these guidelines will be helpful." He said his agency will make the guidelines "widely available to our trading partners for them to adopt appropriately in their economies." The chamber also will distribute the toolkit to more than a million members in the coming weeks.      While the event focused mainly on piracy of physical goods, Huther noted that the guidelines apply to Internet-based infringement.      "What we're seeing on the Internet is a wide expansion of available products from virtually every industry sector," he said. Users of e-commerce sites like eBay routinely do business with pirates posing as legitimate sellers, he noted.

International Canada, China Strengthen Science, Technology Ties by Winter Casey      Canada's government started the New Year with a number of moves taken to improve the country's relationship with the booming economy found across the Pacific Ocean.      Not only did two Canadian business delegations led by government officials visit China this month, but the countries' shared goals were made official in a science and technology agreement signed by Canadian International Trade Minister David Emerson and Chinese Science and Technology Minister Xu Guangua.      With the inclusion of China, Canada now has seven science and technology accords. The others are with the European Union, France, Germany, India, Japan and South Korea.      "As China's remarkable economic growth and expanding consumer base continue to change the global landscape, Canada must act now to ensure it remains one of China's top choices for trade and investment," Emerson said.      Emerson, accompanied by James Moore, the parliamentary secretary for the Pacific Gateway and the Vancouver-Whistler Olympics, was scheduled to spend the last week meeting with Chinese officials on ways to improve Canada's overall bilateral commercial relationship with China and highlighting Canada's strengths in strategic sectors.      The trip was "an opportunity to promote the gateway to Chinese exporters and shippers, and to sell Canada as having the best commercial routes into North America," Emerson said.      The delegations planned to stop in Beijing, Hong Kong and Shanghai.      The new pact between Canada and China, inked Jan. 15, is meant to encourage collaborative research and development activities. The goals include helping Canadian innovators and entrepreneurs bring their work to market faster, and supporting innovation and the protection of intellectual property. The five-year accord will be renewed automatically upon reaching its expiration date unless either party objects.      In terms of intellectual property, the annex of the deal calls for both parties to "notify one another within a reasonable time of the creation of new IP rights arising from a joint research activity undertaken pursuant to this agreement and shall, as appropriate, seek protection for such intellectual property rights." It also notes that the parties must receive treatment no less favorable than "that afforded under applicable international law" for intellectual property.      According to the agreement, both Canada and China have been pursuing research and technological activities and would benefit from working with each other in areas of common interest with beneficial economic or social applications.

Today's Feature: International Roundup More use of "open source" software in the European Union could increase the region's competitiveness, according to a final report commissioned by the European Commission and released last week. Every Wednesday, read the International Roundup by Winter Casey

E-briefs Budget:   With just a few weeks before the stopgap budget measure for fiscal 2007 expires, technology and manufacturing companies are asking Congress to provide more basic research money at the national laboratories this year. Without action, funding for the Energy Department's science office, the National Institute of Standards and Technology's core labs and the National Science Foundation most likely would continue at fiscal 2006 levels after Feb. 15. The National Association of Manufacturers on Wednesday joined the Task Force on the Future of American Innovation in a letter to congressional leaders to request funding increases for the rest of fiscal 2007. "The administration's 2007 budget called for doubling this funding over 10 years, and the House Democratic Caucus did so over five," NAM President and CEO John Engler said. "Congress must act now to finish the job if we are going to remain the world's most innovative and competitive country." On The Hill:   The House Science and Technology Committee on Wednesday announced the addition of a subcommittee and released the names of all subcommittee chairmen. The new subcommittee is called Investigations and Oversight and will be headed by Brad Miller, D-N.C., while James Sensenbrenner, R-Wis, will serve as ranking member. The panel will handle investigative and oversight activities on matters covering the entire jurisdiction of the committee. The other subcommittee chairmen and ranking minority members are: David Wu, D-Ore., and Phil Gingrey, R-Ga., at Technology and Innovation; Brian Baird, D-Wash., and Vern Ehlers, R-Mich., at Research and Science Education; and Mark Udall, D-Colo., and Ken Calvert, R-Calif., at Space and Aeronautics; and Nick Lampson, D-Texas, and Bob Inglis, R-S.C., at Energy and Environment.

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