[Congressional Record Volume 150, Number 39 (Thursday, March 25, 2004)]
[Senate]
[Pages S3184-S3185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Mr. Carper):
  S. 2233. A bill to amend the Environmental Research, Development, and 
Demonstration Authorization Act of 1979 to establish in the 
Environmental Protection Agency the position of Deputy Administrator 
for Science and Technology; to the Committee on Environment and Public 
Works.
  Mr. VOINOVICH. Mr. President, I rise today to introduce legislation 
with my friend and colleague, Senator Carper, which will strengthen the 
use of science at the Environmental Protection Agency. By improving 
science at the Agency, we will be improving the framework of our 
regulatory decisions. It is important that these regulations be 
effective, not onerous and inefficient. To make government regulations 
efficient, they must be based on a solid foundation of scientific 
understanding and data.
  In 2000, the Nation Research Council released a report, 
``Strengthening Science at the U.S. Environmental Protection Agency: 
Research Management and Peer Review Practices'' which outlined current 
practices at the EPA and made recommendations for improving science 
within the agency. The bill we are introducing today, the 
``Environmental Research Enhancement Act,'' builds on the NRC report.
  When the Environmental Protection Agency was created in 1970 by 
President Nixon, its mission was set to protect human health and 
safeguard the environment. In the 1960s, it had become increasingly 
clear that ``we needed to know more about the total environment--land, 
water, and air.'' The EPA was part of President Nixon's 
reorganizational efforts to effectively ensure the protection, 
development and enhancement of the total environment.
  For the EPA to reach this mission, establishing rules and priorities 
for clean land, air and water require a fundamental understanding of 
the science behind the real and potential threats to public health and 
the environment. Unfortunately, many institutions, citizens and groups 
believe that science has not always played a significant role in the 
decision-making process at the EPA.
  In NRC's 2002 report, it was concluded that, while the use of sound 
science is one of the Environmental Protection Agency's goals, the EPA 
needs to change its current structure to allow science to play a more 
significant role in decisions made by the Administrator.
  The legislation we are introducing today looks to address those 
shortcomings at the EPA by implementing portions of the report that 
require congressional authorization.
  Under our bill, a new position, Deputy Administrator for Science and 
Technology will be established at the EPA. This individual will oversee 
the Office of Research and Development; the Environmental Information 
Agency; the Science Advisory board; the Science Policy Council; and the 
scientific and technical activities in the regulatory program at the 
EPA. This new position is equal in rank to the current Deputy 
Administrator and would report directly to the Administrator. The new 
Deputy would be responsible for coordinating scientific research and 
application between the scientific and regulatory arms of the Agency. 
This will ensure that sound science is the basis for regulatory 
decisions. The new Deputy's focus on science could also change how 
environmental decisions are made.
  Assistant Administrator for Research and Development, currently the 
top science job at the EPA, will be appointed for 6 years versus the 
current 4 years political appointment. Historically, this position is 
recognized to be one of the EPA's weakest and most transient 
administrator positions according to NRC's report, even though in my 
view, the position addresses some of the Agency's more important 
topics. By lengthening the term of this Assistant Administrator 
position and removing it from the realm of politics, I believe there 
will be more continuity in the scientific work of the Agency across 
administrations and allow the Assistant Administrator to focus on 
science conducted at the Agency.
  In 1997, we learned the problems that can arise when sound science is 
not used in making regulatory decisions. Following EPA's ozone and 
particulate matter regulations there was great uncertainty on the 
scientific side.
  When intitally releasing the Ozone/PM regulations, the EPA greatly 
over estimated the impacts for both ozone and PM, and they had to 
publicly change their figures later on. Additionally, they selectively 
applied some study results while ignoring others in their calculations. 
For example, the majority of the health benefits for ozone are based on 
one PM study by a Dr. Moogarkar, even though the Agency ignored the PM 
results of that study because it contradicted their position on PM.
  The legislation that Senator Carper and I are introducing will ensure 
that science no longer takes a ``back seat'' at the Environmental 
Protection Agency in terms of policy making. I call on my colleagues to 
join us in cosponsoring this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2233

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Environmental Research 
     Enhancement Act''.

     SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH ACTIVITIES.

       (a) In General.--Section 6 of the Environmental Research, 
     Development, and Demonstration Authorization Act of 1979 (42 
     U.S.C. 4361c) is amended by adding at the end the following:
       ``(e) Deputy Administrator for Science and Technology.--

[[Page S3185]]

       ``(1) Establishment.--There is established in the 
     Environmental Protection Agency (referred to in this section 
     as the `Agency') the position of Deputy Administrator for 
     Science and Technology.
       ``(2) Appointment.--
       ``(A) In general.--The Deputy Administrator for Science and 
     Technology shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       ``(B) Consideration of recommendations.--In making an 
     appointment under subparagraph (A), the President shall 
     consider recommendations submitted by--
       ``(i) the National Academy of Sciences;
       ``(ii) the National Academy of Engineering; and
       ``(iii) the Science Advisory Board established by section 8 
     of the Environmental Research, Development, and Demonstration 
     Authorization Act of 1978 (42 U.S.C. 4365).
       ``(3) Responsibilities.--
       ``(A) Oversight.--The Deputy Administrator for Science and 
     Technology shall coordinate and oversee--
       ``(i) the Office of Research and Development of the Agency 
     (referred to in this section as the `Office');
       ``(ii) the Office of Environmental Information of the 
     Agency;
       ``(iii) the Science Advisory Board;
       ``(iv) the Science Policy Council of the Agency; and
       ``(v) scientific and technical activities in the regulatory 
     program and regional offices of the Agency.
       ``(B) Other responsibilities.--The Deputy Administrator for 
     Science and Technology shall--
       ``(i) ensure that the most important scientific issues 
     facing the Agency are identified and defined, including those 
     issues embedded in major policy or regulatory proposals;
       ``(ii) develop and oversee an Agency-wide strategy to 
     acquire and disseminate necessary scientific information 
     through intramural efforts or through extramural programs 
     involving academia, other government agencies, and the 
     private sector in the United States and in foreign countries;
       ``(iii) ensure that the complex scientific outreach and 
     communication needs of the Agency are met, including the 
     needs--

       ``(I) to reach throughout the Agency for credible science 
     in support of regulatory office, regional office, and Agency-
     wide policy deliberations; and
       ``(II) to reach out to the broader United States and 
     international scientific community for scientific knowledge 
     that is relevant to Agency policy or regulatory issues;

       ``(iv) coordinate and oversee scientific quality-assurance 
     and peer-review activities throughout the Agency, including 
     activities in support of the regulatory and regional offices;
       ``(v) develop processes to ensure that appropriate 
     scientific information is used in decisionmaking at all 
     levels in the Agency; and
       ``(vi) ensure, and certify to the Administrator of the 
     Agency, that the scientific and technical information used in 
     each Agency regulatory decision and policy is--

       ``(I) valid;
       ``(II) appropriately characterized in terms of scientific 
     uncertainty and cross-media issues; and
       ``(III) appropriately applied.

       ``(f) Assistant Administrator for Research and 
     Development.--
       ``(1) Term of appointment.--Notwithstanding any other 
     provision of law, the Assistant Administrator for Research 
     and Development of the Agency shall be appointed for a term 
     of 6 years.
       ``(2) Applicability.--Paragraph (1) applies to each 
     appointment that is made on or after the date of enactment of 
     this subsection.
       ``(g) Senior Research Appointments in Office of Research 
     and Development Laboratories.--
       ``(1) Establishment.--The head of the Office, in 
     consultation with the Science Advisory Board and the Board of 
     Scientific Counselors of the Office, shall establish a 
     program to recruit and appoint to the laboratories of the 
     Office senior researchers who have made distinguished 
     achievements in environmental research.
       ``(2) Awards.--
       ``(A) In general.--The head of the Office shall make awards 
     to the senior researchers appointed under paragraph (1)--
       ``(i) to support research in areas that are rapidly 
     advancing and are related to the mission of the Agency; and
       ``(ii) to train junior researchers who demonstrate 
     exceptional promise to conduct research in such areas.
       ``(B) Selection procedures.--The head of the Office shall 
     establish procedures for the selection of the recipients of 
     awards under this paragraph, including procedures for 
     consultation with the Science Advisory Board and the Board of 
     Scientific Counselors of the Office.
       ``(C) Duration of awards.--Awards under this paragraph 
     shall be made for a 5-year period and may be renewed.
       ``(3) Placement of researchers.--Each laboratory of the 
     Office shall have not fewer than 1 senior researcher 
     appointed under the program established under paragraph (1).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.
       ``(h) Other Activities of Office of Research and 
     Development.--
       ``(1) Activities of the office.--The Office shall--
       ``(A) make a concerted effort to give research managers of 
     the Office a high degree of flexibility and accountability, 
     including empowering the research managers to make decisions 
     at the lowest appropriate management level consistent with 
     the policy of the Agency and the strategic goals and budget 
     priorities of the Office;
       ``(B) maintain, to the maximum extent practicable, an even 
     balance between core research and problem-driven research;
       ``(C) develop and implement a structured strategy for 
     encouraging, and acquiring and applying the results of, 
     research conducted or sponsored by other Federal and State 
     agencies, universities, and industry, both in the United 
     States and in foreign countries; and
       ``(D) substantially improve the documentation and 
     transparency of the decisionmaking processes of the Office 
     for--
       ``(i) establishing research and technical-assistance 
     priorities;
       ``(ii) making intramural and extramural assignments; and
       ``(iii) allocating funds.
       ``(2) Activities of the administrator.--The Administrator 
     of the Agency shall--
       ``(A) substantially increase the efforts of the Agency--
       ``(i) to disseminate actively the research products and 
     ongoing projects of the Office;
       ``(ii) to explain the significance of the research products 
     and projects; and
       ``(iii) to assist other persons and entities inside and 
     outside the Agency in applying the results of the research 
     products and projects;
       ``(B)(i) direct the Deputy Administrator for Science and 
     Technology to expand the science inventory of the Agency by 
     conducting, documenting, and publishing a more comprehensive 
     and detailed inventory of all scientific activities conducted 
     by Agency units outside the Office, which inventory should 
     include information such as--
       ``(I) project goals, milestones, and schedules;
       ``(II) principal investigators and project managers; and
       ``(III) allocations of staff and financial resources; and
       ``(ii) use the results of the inventory to ensure that 
     activities described in clause (i) are properly coordinated 
     through the Agency-wide science planning and budgeting 
     process and are appropriately peer reviewed; and
       ``(C) change the peer-review policy of the Agency to more 
     strictly separate the management of the development of a work 
     product from the management of the peer review of that work 
     product, thereby ensuring greater independence of peer 
     reviews from the control of program managers, or the 
     potential appearance of control by program managers, 
     throughout the Agency.''.
       (b) Deputy Administrator for Policy and Management.--
       (1) In general.--The position of Deputy Administrator of 
     the Environmental Protection Agency is redesignated as the 
     position of ``Deputy Administrator for Policy and Management 
     of the Environmental Protection Agency''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Deputy Administrator of the Environmental Protection Agency 
     shall be deemed to be a reference to the Deputy Administrator 
     for Policy and Management of the Environmental Protection 
     Agency.
       (c) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Administrator of the Environmental Protection 
     Agency and inserting the following:
       ``Deputy Administrator for Policy and Management of the 
     Environmental Protection Agency.
       ``Deputy Administrator for Science and Technology of the 
     Environmental Protection Agency.''.
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