II 

108TH CONGRESS 

2D SESSION S. 2233

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2004

Mr. VOINOVICH (for himself and Mr. CARPER) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Environmental Re5 search Enhancement Act’’. 
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1 SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH 

2 ACTIVITIES. 

3 (a) IN GENERAL.—Section 6 of the Environmental 

4 Research, Development, and Demonstration Authorization 

5 Act of 1979 (42 U.S.C. 4361c) is amended by adding at 

6 the end the following: 

7 ‘‘(e) DEPUTY ADMINISTRATOR FOR SCIENCE AND

8 TECHNOLOGY.— 

9 ‘‘(1) ESTABLISHMENT.—There is established in 

10 the Environmental Protection Agency (referred to in 

11 this section as the ‘Agency’) the position of Deputy 

12 Administrator for Science and Technology. 

13 ‘‘(2) APPOINTMENT.— 

14 ‘‘(A) IN GENERAL.—The Deputy Adminis15 trator for Science and Technology shall be ap16 pointed by the President, by and with the ad17 vice and consent of the Senate. 

18 ‘‘(B) CONSIDERATION OF RECOMMENDA19 TIONS.—In making an appointment under sub20 paragraph (A), the President shall consider rec21 ommendations submitted by— 

22 ‘‘(i) the National Academy of 

23 Sciences; 

24 ‘‘(ii) the National Academy of Engi25 neering; and 
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1 ‘‘(iii) the Science Advisory Board es2 tablished by section 8 of the Environ3 mental Research, Development, and Dem4 onstration Authorization Act of 1978 (42 

5 U.S.C. 4365). 

6 ‘‘(3) RESPONSIBILITIES.— 

7 ‘‘(A) OVERSIGHT.—The Deputy Adminis8 trator for Science and Technology shall coordi9 nate and oversee— 

10 ‘‘(i) the Office of Research and Devel11 opment of the Agency (referred to in this 

12 section as the ‘Office’); 

13 ‘‘(ii) the Office of Environmental In14 formation of the Agency; 

15 ‘‘(iii) the Science Advisory Board; 

16 ‘‘(iv) the Science Policy Council of the 

17 Agency; and 

18 ‘‘(v) scientific and technical activities 

19 in the regulatory program and regional of20 fices of the Agency. 

21 ‘‘(B) OTHER RESPONSIBILITIES.—The 

22 Deputy Administrator for Science and Tech23 nology shall— 

24 ‘‘(i) ensure that the most important 

25 scientific issues facing the Agency are 
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1 identified and defined, including those 

2 issues embedded in major policy or regu3 latory proposals; 

4 ‘‘(ii) develop and oversee an Agency5 wide strategy to acquire and disseminate 

6 necessary scientific information through in7 tramural efforts or through extramural 

8 programs involving academia, other gov9 ernment agencies, and the private sector in 

10 the United States and in foreign countries; 

11 ‘‘(iii) ensure that the complex sci12 entific outreach and communication needs 

13 of the Agency are met, including the 

14 needs— 

15 ‘‘(I) to reach throughout the 

16 Agency for credible science in support 

17 of regulatory office, regional office, 

18 and Agency-wide policy deliberations; 

19 and 

20 ‘‘(II) to reach out to the broader 

21 United States and international sci22 entific community for scientific knowl23 edge that is relevant to Agency policy 

24 or regulatory issues; 
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1 ‘‘(iv) coordinate and oversee scientific 

2 quality-assurance and peer-review activities 

3 throughout the Agency, including activities 

4 in support of the regulatory and regional 

5 offices; 

6 ‘‘(v) develop processes to ensure that 

7 appropriate scientific information is used 

8 in decisionmaking at all levels in the Agen9 cy; and 

10 ‘‘(vi) ensure, and certify to the Ad11 ministrator of the Agency, that the sci12 entific and technical information used in 

13 each Agency regulatory decision and policy 

14 is— 

15 ‘‘(I) valid; 

16 ‘‘(II) appropriately characterized 

17 in terms of scientific uncertainty and 

18 cross-media issues; and 

19 ‘‘(III) appropriately applied. 

20 ‘‘(f) ASSISTANT ADMINISTRATOR FOR RESEARCH

21 AND DEVELOPMENT.— 

22 ‘‘(1) TERM OF APPOINTMENT.—Notwith23 standing any other provision of law, the Assistant 

24 Administrator for Research and Development of the 

25 Agency shall be appointed for a term of 6 years.
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1 ‘‘(2) APPLICABILITY.—Paragraph (1) applies to 

2 each appointment that is made on or after the date 

3 of enactment of this subsection. 

4 ‘‘(g) SENIOR RESEARCH APPOINTMENTS IN OFFICE

5 OF RESEARCH AND DEVELOPMENT LABORATORIES.— 

6 ‘‘(1) ESTABLISHMENT.—The head of the Of7 fice, in consultation with the Science Advisory Board 

8 and the Board of Scientific Counselors of the Office, 

9 shall establish a program to recruit and appoint to 

10 the laboratories of the Office senior researchers who 

11 have made distinguished achievements in environ12 mental research. 

13 ‘‘(2) AWARDS.— 

14 ‘‘(A) IN GENERAL.—The head of the Of15 fice shall make awards to the senior researchers 

16 appointed under paragraph (1)— 

17 ‘‘(i) to support research in areas that 

18 are rapidly advancing and are related to 

19 the mission of the Agency; and 

20 ‘‘(ii) to train junior researchers who 

21 demonstrate exceptional promise to con22 duct research in such areas. 

23 ‘‘(B) SELECTION PROCEDURES.—The head 

24 of the Office shall establish procedures for the 

25 selection of the recipients of awards under this 
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1 paragraph, including procedures for consulta2 tion with the Science Advisory Board and the 

3 Board of Scientific Counselors of the Office. 

4 ‘‘(C) DURATION OF AWARDS.—Awards 

5 under this paragraph shall be made for a 5-year 

6 period and may be renewed. 

7 ‘‘(3) PLACEMENT OF RESEARCHERS.—Each 

8 laboratory of the Office shall have not fewer than 1 

9 senior researcher appointed under the program es10 tablished under paragraph (1). 

11 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subsection. 

14 ‘‘(h) OTHER ACTIVITIES OF OFFICE OF RESEARCH

15 AND DEVELOPMENT.— 

16 ‘‘(1) ACTIVITIES OF THE OFFICE.—The Office 

17 shall— 

18 ‘‘(A) make a concerted effort to give re19 search managers of the Office a high degree of 

20 flexibility and accountability, including empow21 ering the research managers to make decisions 

22 at the lowest appropriate management level 

23 consistent with the policy of the Agency and the 

24 strategic goals and budget priorities of the Of25 fice; 
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1 ‘‘(B) maintain, to the maximum extent 

2 practicable, an even balance between core re3 search and problem-driven research; 

4 ‘‘(C) develop and implement a structured 

5 strategy for encouraging, and acquiring and ap6 plying the results of, research conducted or 

7 sponsored by other Federal and State agencies, 

8 universities, and industry, both in the United 

9 States and in foreign countries; and 

10 ‘‘(D) substantially improve the documenta11 tion and transparency of the decisionmaking 

12 processes of the Office for— 

13 ‘‘(i) establishing research and tech14 nical-assistance priorities; 

15 ‘‘(ii) making intramural and extra16 mural assignments; and 

17 ‘‘(iii) allocating funds. 

18 ‘‘(2) ACTIVITIES OF THE ADMINISTRATOR.—

19 The Administrator of the Agency shall— 

20 ‘‘(A) substantially increase the efforts of 

21 the Agency— 

22 ‘‘(i) to disseminate actively the re23 search products and ongoing projects of 

24 the Office; 
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1 ‘‘(ii) to explain the significance of the 

2 research products and projects; and 

3 ‘‘(iii) to assist other persons and enti4 ties inside and outside the Agency in ap5 plying the results of the research products 

6 and projects; 

7 ‘‘(B)(i) direct the Deputy Administrator 

8 for Science and Technology to expand the 

9 science inventory of the Agency by conducting, 

10 documenting, and publishing a more com11 prehensive and detailed inventory of all sci12 entific activities conducted by Agency units out13 side the Office, which inventory should include 

14 information such as— 

15 ‘‘(I) project goals, milestones, and 

16 schedules; 

17 ‘‘(II) principal investigators and 

18 project managers; and 

19 ‘‘(III) allocations of staff and finan20 cial resources; and 

21 ‘‘(ii) use the results of the inventory to en22 sure that activities described in clause (i) are 

23 properly coordinated through the Agency-wide 

24 science planning and budgeting process and are 

25 appropriately peer reviewed; and 
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1 ‘‘(C) change the peer-review policy of the 

2 Agency to more strictly separate the manage3 ment of the development of a work product 

4 from the management of the peer review of that 

5 work product, thereby ensuring greater inde6 pendence of peer reviews from the control of 

7 program managers, or the potential appearance 

8 of control by program managers, throughout 

9 the Agency.’’. 

10 (b) DEPUTY ADMINISTRATOR FOR POLICY AND MAN11 AGEMENT.— 

12 (1) IN GENERAL.—The position of Deputy Ad13 ministrator of the Environmental Protection Agency 

14 is redesignated as the position of ‘‘Deputy Adminis15 trator for Policy and Management of the Environ16 mental Protection Agency’’. 

17 (2) REFERENCES.—Any reference in a law, 

18 map, regulation, document, paper, or other record of 

19 the United States to the Deputy Administrator of 

20 the Environmental Protection Agency shall be 

21 deemed to be a reference to the Deputy Adminis22 trator for Policy and Management of the Environ23 mental Protection Agency. 

24 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

25 5314 of title 5, United States Code, is amended by strik-
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1 ing the item relating to the Deputy Administrator of the 

2 Environmental Protection Agency and inserting the fol3 lowing: 

4 ‘‘Deputy Administrator for Policy and Manage5 ment of the Environmental Protection Agency. 

6 ‘‘Deputy Administrator for Science and Tech7 nology of the Environmental Protection Agency.’’.

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