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AAES FAST FACTS
April 4, 2003


4 April 2003

Allison Salyer, editor
asalyer@aaes.org

Washington Update

 President Bush will designate Nils J. Diaz as the new chairman of the Nuclear Regulatory Commission, replacing Richard Meserve, the White House announced. Diaz, a nuclear engineer, has been on the five-member commission since 1996. Before that, he was a professor of nuclear engineering science at the University of Florid-a and director of a consortium involved in missile defense programs. Additional information may be found at http://www.nrc.gov or www.whitehouse.gov

 The House Science Committee approved by voice vote, comprehensive energy research and development legislation. The bill, H.R. 238, will become part of the House energy package, scheduled to come to the floor early next week. The Committee approved version of H.R. 238 includes much of the research and development language agreed to by the House and Senate conferees to last Congress's comprehensive energy bill, H.R. 4, as well as new programs such as the President's Hydrogen Initiative. An amendment offered by Rep. Rohrabacher was added to H.R. 238 with unanimous support that would authorize a Department of Energy Science and Technology Scholarship program similar in many regards to the Hope Scholarships adopted by various states. The amendment would allow DOE to offer scholarships (more like loan repayments) for U.S. citizens to pursue degrees in science and engineering relevant to the agency mission. For every year of scholarship support, the student would have to commit to working two years at the agency. Because of the broad support for this measure within the committee, Chairman Boehlert announced at the mark-up that the Science Committee would add similar provisions to other agency R&D authorization bills as they move through committee, including NSF (although students supported by NSF could fulfill their obligations by working at other agencies). Additional information may be found at http://www.house.gov/science.

The National Science Foundation (NSF) has named John A. Brighton, provost of National-Louis University, to be the new leader of NSF's Directorate for Engineering. Brighton previously served from 1991 to 1999 as provost and university professor at The Pennsylvania State University, where he was also dean of the College of Engineering. Prior to his leadership at Penn State, he held faculty positions at the Georgia Institute of Technology, Michigan State University, Carnegie Mellon University, and Purdue University. Regarded as one of the top academic administrators in the United States, Brighton is also a well-known researcher who has authored dozens of research papers and holds numerous patents. He received a Ph.D. in mechanical engineering from Purdue University in 1963, and holds bachelor's and master's of science degrees, also from Purdue. Additional information may be found at http://www.nsf.gov/pubsys/ods/getpub.cfm?pa0301

 Association News
ASME

 ASME MODEL BILL PASSED MISSISSIPPI SENATE AND SENT TO HOUSE
Senator Alan Nunnelee (R- Tupelo) introduced Senate Concurrent Resolution (SC) 528, to establish a study committee to examine science, technology, engineering, and mathematics (STEM) education improvement and competitiveness in Mississippi. The resolution is based on the ASME model bill on STEM education. Richard Heinecke, ASME Mississippi State Government Coordinator since 2001, met with Nunnelee, his own state Senator, to initiate the introduction.

 SC 528 was passed out of the Senate Rules Committee on February 27, and was adopted by the Senate on March 7, 2003. On March 11, 2003, SC 528 was referred to the House Committee on Rules. The text of SC 528 can be found at: http://www.state.ms.us/frameset.jsp?URL=http%3A%2F%2Fwww.ls.state.ms.us

Arkansas State Representative Stephen Bright (R-Maumelle) has introduced House Bill 2454, an act to establish the state Science, Technology, Engineering, and Mathematics (STEM) Competitiveness Act and is based on the ASME model. Sponsored by the ASME Board on Government Relations and ASME Region X, a state action program entitled “Educating Tomorrow's Engineers” was held on March 18, 2003, for members of the Arkansas legislature. Dr. Teri Reed Rhoads, Director of Engineering Education at the University of Oklahoma, served as the keynote speaker, and discussed ways legislators could help improve K-12 STEM education.

Notable legislators in attendance were Arkansas House Speaker Herschel Cleveland (D-Paris), former Arkansas House Speaker and now State Senator Shane Broadway (D-Bryant), and Senate Senator Brenda Gullett (D-Pine Bluff).

 The text of Arkansas House Bill 2454 can be found at: http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2454.pdf. For more information about the ASME model bill, go to: http://www.asme.org/gric/ps/2002/02-32.html, or by contacting Melissa Murray at murraym@asme.org.

ASME GROUP SUPPORTS STRENGTHENING DEFENSE S&T

ASME's DOD Task Force of the Inter-Council Committee on Federal Research and Development recently endorsed the Fiscal Year 2004 funding statement of the Coalition for National Security Research (CNSR) urging the Administration and Congress to strengthen the nation's investments in Science and Technology (S&T) programs at the Department of Defense (DOD). CNSR is a broadly based coalition united by a commitment to a stronger defense science and technology base.

The FY04 funding statement supports the findings and recommendations of the Defense Science Board and the Quadrennial Defense Review (QDR) to provide 3 percent of the total Defense Department budget, or $11.4 billion, for the DOD basic (6.1), applied (6.2) and advanced technology development (6.3) accounts, which make up the S&T program. The CNSR FY04 Funding Statement is available online at http://www.asme.org/gric/ps/2003/03-07.pdf

Proposed FY 2004 funding for the DOD Science and Technology (S&T) Program is $10.231 billion, 5 percent lower than the FY 2003 appropriated levels. Continuing a trend seen last year, Basic Research (category "6.1") and Applied Research ("6.2") and are down $109 million (8 percent) and $619 million (14 percent), respectively. Advanced Technology Development ("6.3") is up $186 million (3.7 percent) but mostly because of increased funding for classified Air Force programs. After a large funding ramp-up last year for the war on terror, the Chemical and Biological Defense Program's S&T budget is down $90 million or 27 percent. The Defense Advanced Research Projects Agency (DARPA), also a large recipient of increased funding last year is slated for an S&T budget increase of $261 million or 10 percent.

DOD set an S&T funding goal of 3 percent of the department's Total Obligational Authority (TOA) in FY 2001. That goal was barely achieved in FY 2003 after Congress added an additional $773 million to the President's request. S&T funding is 2.7 percent of DoD's FY 2004 TOA request.

The DOD S&T program contains elements incorporating significant mechanical engineering research. Increases are proposed for aerospace technologies, including propulsion and power, in the Army Air Force and DARPA budgets. Much of this is for a renewed interest in hypersonics, collectively known as the National Aerospace Initiative. ASME university and industry members who are interested in defense research issues are urged to contribute their expertise to ASME's DOD Task Force. Contact Kathryn Holmes in ASME's Washington Center at holmesk@asme.org for more information.

 SEATTLE WORKSHOP FOCUSES ON K-16 STEM EDUCATION ISSUES

 On March 22, ASME's Region VIII, the Board on Government Relations, and the University of Washington Mechanical Engineering department held a state action program entitled “Building Educational Pathways: The Future of K-16 Science, Technology, Engineering, and Mathematics (STEM) Education” in Seattle.

The workshop focused on educating attendees on K-16 STEM education funding and needs in Washington state. Speakers included: Ms. Judy Hartmann, Education Advisor to Governor Gary Locke (D-WA); Mr. Craig Gabler, President, Washington Science Teachers Association; Dr. William Wilson, former Chair of the University of Washington Mechanical Engineering department; and Senator David Schmidt, Member of the Washington Senate Education and Higher Education Committee. Available speaker presentations can be found at: http://www.asme.org/gric.

As a follow-up to the workshop, Region VIII Vice President Dennis Armstrong recently sent a letter to members of the Washington House and Senate Education Committee endorsing the ASME K-12 STEM model bill and the Washington State Math Helper Corps program, which can be found at: http://www.asme.org/gric/ps/2003/03-09.html. The Region is also developing a Regional white paper on undergraduate STEM education. For more information, contact Melissa Murray at murraym@asme.org.

ASCE
DUNCAN INTRODUCES WATER INFRASTRUCTURE FINANCING LEGISLATION

 The Water Quality Financing Act of 2003 (H.R. 1560) was introduced this week by Rep. John Duncan (R-TN), chairman of the Water Resources and Environment Subcommittee of the House Transportation and Infrastructure Committee. The legislation would amend the Clean Water Act to provide $20 billion over five years to states and localities through the State Revolving Loan Fund (SRF) for the construction and maintenance of wastewater treatment facilities.

 ASCE also supports similar legislation, the Clean Water Infrastructure Financing Act of 2003 (H.R. 20), introduced earlier this year by Reps. Sue Kelly (R-NY) and Ellen Tauscher (D-CA) that would provide $25 billion over five years for wastewater treatment facility improvements. H.R. 20 specifically includes a requirement for the states to use the qualifications-based selection (QBS) process for the awarding of architectural and engineering design contracts.

CONFERENCE COMMITTEE CONTINUES WORK ON BUDGET RESOLUTION

 A conference committee continues to work through details of the FY 2004 congressional budget resolution. By unanimous consent, the Senate in March signed off on a compromise amendment from Sens. Michael Crapo (R-ID) and Paul Sarbanes (D-MD) that increases budget authority for the Clean Water State Revolving Loan Fund and Drinking Water State Revolving Loan Fund by more than 100 percent, from the original GOP-endorsed level of $2.19 billion to $5.2 billion.

Sarbanes had been pushing for an amendment that offset the increase by reducing the Bush-backed $726 billion tax cut. In response, Crapo drafted an alternative amendment that was ultimately adopted calling for the new water infrastructure funds to be pulled from the general fund. ASCE supports the amendment and concerned members should contact their Senators to ensure it survives the conference. For additional information, contact the government relations office at govwash@asce.org.

 Both House and Senate leaders are pushing for the conference committee to finish its work quickly so the final resolution can be approved by both houses before April 11th when lawmakers leave for the spring district work period.

DEFENSE DEPARTMENT CLARIFIES PROPOSAL TO AMEND ENVIRONMENTAL LAWS FOR MILITARY

The Defense Department (DOD) has modified its initial plans to amend two major pollution-control laws, a senior Pentagon official told Congress on April 2.

 The DOD has clarified its proposed amendments to the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) to change two pollution laws, Defense Deputy Counsel Ben Cohen told the Senate Environment and Public Works

 Committee. The modifications aim to ensure that the Defense Department has every intention to clean up closed bases.

Part of DOD's Readiness and Range Preservation Initiative aims to change the definition of "solid waste" under RCRA and "release" under CERCLA to exclude explosives, unexploded ordnance, munitions or munitions fragments in a variety of military readiness uses.

 "We included new language to clarify that our proposals have no effect whatsoever on our legal obligations with respect to cleanup of closed bases, or of bases that close in the future," Cohen said. "If there is a way to make this point even clearer, we would be delighted to do so."

 DOD also added the words "on an operational range" to the RCRA section to clarify that the provision does not apply to activities outside operational ranges. The proposal will also define "operational range" as a range under jurisdiction, custody or control of DOD or an area not used for range activities but still considered a range because it hasn't been put to new use.

 Despite what critics are alleging, nothing in DOD's proposal limits the Environmental Protection Agency's authority to protect public health or the environment if threatened by munitions use on an operational range, Cohen said.

 John Peter Suarez, EPA assistant administrator for the Office of Enforcement and Compliance Assurance, said the modification "underscores the administration's interest in keeping any changes limited and sharply focused."

 Suarez reiterated EPA Administrator Christie Whitman's support for the proposal. Suarez said she supports the bill and that it "appropriately takes account of the interests of the American people in military readiness and in environmental protection."

 "What they are asking for is narrowly tailored," Suarez said. "It's not abandoning obligations, nor is it giving DOD a free pass."

 The DOD initiative also includes changes to the Endangered Species Act, Clean Air Act and Marine Mammal Protection Act. The Pentagon included the initiative with its Defense authorization bill language sent to Congress last month.

 Cohen emphasized that DOD's overall intent is to stabilize and defend current regulatory policies to offset rising litigation against military training activities.

The fact the DOD wants the changes to limit possible court decisions did not please Sen. Ron Wyden (D-OR) and other Democrats on the environment panel. Wyden said he believes it was wrong to "say we are going to toss these [environmental laws] aside on what could happen." Sen. Barbara Boxer (D-CA) said she sees no problem with the laws as they stand now and called the proposal a "backdoor" repeal of environmental laws.

EPW Chairman James Inhofe (R-OK), who supports the changes, said that some of the proposed language actually originated in the Clinton administration.

Sen. Joseph Lieberman (D-CT), who also sits on the Senate Armed Services Committee, said there is "no good reason to justify these exemptions and the harm they would do to our natural resources."

 "Some believe that we must choose between a strong defense and a clean environment. I do not. The truth is, we can protect our environment and protect our people at the very same time," he said.

SENATE COMMITTEE APPROVES ENERGY TAX CREDITS

 The Senate Finance Committee approved more than $15 billion in energy tax incentives on April 2, despite efforts by Sens. Don Nickles (R-OK) and Jon Kyl (R-AR) to remove incentives for hybrid vehicles, wind power, biomass production and other energy-saving programs.

The bill, S. 597 by Chairman Charles Grassley (R-IA) and ranking member Max Baucus (D-MT), passed by a vote of 18-2. It provides $15.74 billion in incentives, according to Congress' Joint Committee on Taxation. Cosponsored by Senate Energy and Natural Resources Committee Chairman Pete Domenici (R-NM) and ranking member Jeff Bingaman (D-NM), the Energy Tax Incentives Act of 2003 provides:
  • $1.74 billion in credits for the purchase of alternative motor vehicles and electric cars;
  • $288 million in incentives for the purchase of energy efficient appliances;
  • $447 million in credits for residential homeowners using solar power or fuel cells;
  • Nearly $2 billion in investment and production credits for clean coal technology; and
  • $5.46 billion in oil and gas provisions.

Domenici said he is pleased with the measure and will add the package as an amendment to a comprehensive energy bill on the Senate floor. "I strongly support the subsidies in this tax package," Domenici said.

According to committee staff, the following were among major changes made to the bill:

• Ethanol tax change: All excise taxes paid on gasohol -- gasoline blended with ethanol -- would be put into the Highway Trust Fund. Currently, 2.5 cents of the 18.4-cent tax on gasohol is put in the general treasury. "All types of fuel should contribute equally," said Grassley. "Two important national priorities would be achieved," said Baucus, "ensuring all users of the nation's highway network contribute equally to its improvement and decreasing U.S. dependence on imported fuel."

  • Alaska natural gas pipeline: Buried in the bill is a marginal-well production credit that would effectively subsidize the price of natural gas flowing through a future natural gas pipeline to Alaska's North Slope. The provision establishes a basement price of $1.35 per million British thermal units (BTUs); should the price of gas fall below that level, the federal government would supply a production credit to make up the loss.

  • Biomass credit: Increasing the credit for electricity produced from wind, biomass or poultry waste facilities from 1.5 cents per kilowatt hour (kwh) to 1.8 cents per kwh, which would cost an additional $300 million.

  • Residential efficiency: Changing residential energy efficiency provisions so that owners of oil and propane furnaces that meet efficiency standards would qualify for the same credit as natural-gas burning furnaces.

  • Clean coal: Increasing the amount of clean-coal generated electricity qualifying for tax credits from 3,500 megawatts to 4,000 megawatts.

  • Nonconventional production: Increasing the credit for oil and gas produced from nonconventional sources -- including shale, tar sands and coal seams -- from $2 per barrel (or BTU equivalent) to $3 per barrel.

TEXAS LEGISLATION SEEKS TO CHANGE THE DEFINITION OF "ENGINEER"

 Legislation introduced in the Texas Legislature would allow the relaxation of Texas' engineering practice law which limits the use of the title of engineer. Current Texas law requires that a person using the title engineer has to have both studied engineering and passed a licensing exam. H.B. 1789 would allow persons to use the term engineer who have met neither of the two prerequisites required by the current law.

 ASCE vigorously opposes H.B. 1789. ASCE Policy Statement 433 states the following:

 The American Society of Civil Engineers (ASCE) believes that the following standards are the only basis on which any title or designation should include the term "engineer":
  • Graduation from an accredited engineering program with a degree in engineering.
  • Registration as a professional engineer or engineer-in-training under a state engineering registration law.
  • An official ruling designating an individual or a group in an engineering capacity as meeting the definition of "Professional Engineer" under the Taft-Hartley Act, or the Fair Labor Standards Act.

Only persons in one of these categories should be designated by an appropriate title "engineer" or "professional engineer". This policy shall not be construed to prohibit using the word "engineering" as a modifier in titles such as "engineering assistant", "engineering aide" and "engineering technologist" where the title clearly implies that the duties of the position are not those of professional engineer.