Volume 147, No. 98 covering the 1st Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS, THURSDAY, JULY 12, 2001” mentioning the Environmental Protection Agency was published in the Senate section on pages S7688-S7690 on July 16, 2001.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS, THURSDAY, JULY
12, 2001
By Mr. VOINOVICH (for himself and Mr. Carper):
S. 1176. A bill to strengthen research conducted by the Environmental Protection Agency, and for other purposes; 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.
Last year, the National 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 report last year, 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.
Additionally, the 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 administrative 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 initially 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, and I urge speedy consideration of 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. 1176
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 of 2001''.
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.--
``(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 approximately 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 on 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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