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The Use of Title 42 Authority at the U.S. Environmental Protection Agency: A Letter Report (2010)

Chapter: Attachment B COMMITTEE TO REVIEW EPA'S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS

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Suggested Citation:"Attachment B COMMITTEE TO REVIEW EPA'S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS." National Research Council. 2010. The Use of Title 42 Authority at the U.S. Environmental Protection Agency: A Letter Report. Washington, DC: The National Academies Press. doi: 10.17226/12901.
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Suggested Citation:"Attachment B COMMITTEE TO REVIEW EPA'S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS." National Research Council. 2010. The Use of Title 42 Authority at the U.S. Environmental Protection Agency: A Letter Report. Washington, DC: The National Academies Press. doi: 10.17226/12901.
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Page 19
Suggested Citation:"Attachment B COMMITTEE TO REVIEW EPA'S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS." National Research Council. 2010. The Use of Title 42 Authority at the U.S. Environmental Protection Agency: A Letter Report. Washington, DC: The National Academies Press. doi: 10.17226/12901.
×
Page 20
Suggested Citation:"Attachment B COMMITTEE TO REVIEW EPA'S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS." National Research Council. 2010. The Use of Title 42 Authority at the U.S. Environmental Protection Agency: A Letter Report. Washington, DC: The National Academies Press. doi: 10.17226/12901.
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Page 21

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Attachment B COMMITTEE TO REVIEW EPA’S TITLE 42 HIRING AUTHORITY FOR HIGHLY QUALIFIED SCIENTISTS AND ENGINEERS THOMAS BURKE (Chair), Johns Hopkins Bloomberg School of Public Health, Baltimore, MD BURT BARNOW, Johns Hopkins University, Baltimore, MD RITA COLWELL, University of Maryland, College Park IRWIN FELLER, American Association for the Advancement of Science, Washington, DC J. PAUL GILMAN, Covanta Energy Corporation, Fairfield, NJ ROBERT HUGGETT (retired), Seaford, VA SHARON, LEVIN, University of Missouri, Saint Louis KENNETH OLDEN, Hunter College of the City University of New York, New York LAUREN ZEISE, California Environmental Protection Agency, Oakland STAFF ELLEN MANTUS, Project Director NORMAN GROSSBLATT, Senior Editor HEIDI MURRAY-SMITH, Associate Program Officer JOHN BROWN, Program Associate BIOGRAPHIES THOMAS A. BURKE (Chair) is associate dean for public-health practice and professor of health policy and management at the Johns Hopkins University Bloomberg School of Public Health. He holds joint appointments in the Department of Environmental Health Sciences and the School of Medicine’s Department of Oncology. Dr. Burke is also director of the Johns Hopkins Risk Sciences and Public Policy Institute. His research interests include environmental epidemiology and surveillance, evaluation of population exposures to environmental pollutants, assessment and communication of environmental risks, and application of epidemiology and health risk assessment to public policy. Before joining Johns Hopkins University, Dr. Burke was deputy commissioner of health for New Jersey and director of science and research for the New Jersey Department of Environmental Protection. In New Jersey, he directed initiatives that influenced the development of national programs, such as Superfund, the Safe Drinking Water Act, and the Toxics Release Inventory. Dr. Burke is a member of the U.S. Environmental Protection Agency (EPA) Science Advisory Board. He was the inaugural chair of the advisory board to the director of the Centers for Disease Control and Prevention National Center for Environmental Health and served two terms on the National Research Council (NRC) Board on Environmental Studies and Toxicology. He has served on several NRC committees; he was chair of the Committee on Improving Risk Analysis Approaches Used by the U.S. EPA, the Committee on Human Biomonitoring for Environmental Toxicants, and the Committee on Toxicants and Pathogens in Biosolids Applied to Land. In 2003, he was designated a lifetime national associate of the National Academies. He received his PhD in epidemiology from the University of Pennsylvania. BURT S. BARNOW is associate director for research and principal research scientist at the Institute for Policy Studies of Johns Hopkins University. He also teaches program evaluation in the institute’s graduate public-policy program and labor economics in the Department of Economics. Dr. Barnow’s work focuses on the operation of labor markets and the evaluation of social programs, including a study 18 Prepublication Copy

for the U.S. Department of Labor to evaluate the effects of selected projects in the High Growth Job Training Initiative using nonexperimental methods, an assessment of occupational skill shortages for the Alfred P. Sloan Foundation, an evaluation of the priority of services for veterans mandate for Department of Labor programs for the U.S. Department of Labor, a project to develop cost performance standards for the U.S. Department of Labor, an evaluation of the determinants of the welfare caseload in Colorado for the state of Colorado, an evaluation of a Department of Labor demonstration project to help youth in foster care to make the transition into the labor market, and a project to develop and evaluate demonstrations that test innovative employment projects for welfare recipients for the U.S. Department of Health and Human Services. Dr. Barnow was vice president of a consulting firm in the Washington, DC, area. He also served 9 years in the Department of Labor, most recently as director of the Office of Research and Evaluation for the Employment and Training Administration. Dr. Barnow has served on the Board on Higher Education and Workforce and on several National Research Council committees, including the Committee on Workforce Needs in Information Technology, the Committee on a Review of the United States Institute of Peace Senior Fellows Program, the Committee on Approaches to Evaluating the NIST Postdoctoral Research Program, the Committee on the NASA Workforce, and the Committee for Review of the Title VI and Fulbright-Hays International Education Programs. Dr. Barnow received a PhD in economics from the University of Wisconsin-Madison. RITA R. COLWELL is senior adviser at Canon U.S. Life Sciences, Inc. and distinguished university professor at the University of Maryland at College Park and at the Johns Hopkins University Bloomberg School of Public Health. Her interests are focused on global infectious diseases, water, and health, and she is developing an international network to address emerging infectious diseases and water issues, including safe drinking water for the developed world and the developing world. Dr. Colwell served as the 11th director of the National Science Foundation. She has also held many advisory positions in the U.S. government, nonprofit science-policy organizations, and private foundations and in the international scientific research community. She is a nationally recognized scientist and educator and is author or co- author of 17 books and more than 750 scientific publications. Dr. Colwell served as chair of the Board of Governors of the American Academy of Microbiology and as president of the American Association for the Advancement of Science, the Washington Academy of Sciences, the American Society for Microbiology, the Sigma Xi National Science Honorary Society, and the International Union of Microbiological Societies. Dr. Colwell is a member of the National Academy of Sciences, the Royal Swedish Academy of Sciences, the American Academy of Arts and Sciences, and the American Philosophical Society. She has been awarded 54 honorary degrees from institutions of higher education; she is an honorary member of the microbiologic societies of the United Kingdom, France, Israel, Bangladesh, and the United States; and she has held several honorary professorships. She was awarded the National Medal of Science by the president of the United States and the Order of the Rising Sun by the emperor of Japan. A geologic site in Antarctica, Colwell Massif, has been named in recognition of her work in the polar regions. Dr. Colwell earned a PhD in oceanography from the University of Washington. IRWIN FELLER is senior visiting scientist at the American Association for the Advancement of Science. He is also emeritus professor of economics and former director of and professor of economics in the Institute for Policy Research and Evaluation at Pennsylvania State University. His research interests include science and technology policy, the economics of higher education, and program evaluation. He has published widely on such topics as the influence of the Government Performance and Results Act on research, technology diffusion from university research, research performance measurement, the role of universities in basic research, and state and federal technology policy. He has been a consultant to the president's Office of Science and Technology Policy; the National Aeronautics and Space Administration; the Carnegie Commission on Science, Technology, and Government; the Ford Foundation; the National Science Foundation; the National Institute of Standards and Technology; the COSMOS Corporation, SRI International; the U.S. General Accounting Office; the U.S. Department of Education; and the U.S. Department of Energy. Dr. Feller is a member of the American Economic Association, the American Prepublication Copy 19

Association for the Advancement of Science, and the Association for Public Policy Analysis and Management. He is a member of the National Research Council Committee on the Review of the USDOT Strategic Plan for R&D and has served on numerous other committees, including the Committee to Review the Worker and Public Health Activities Program Administered by DOE and DHHS and the Committee for Assessment of Centers of Excellence Programs at NIH. Dr. Feller received a PhD in economics from the University of Minnesota. J. PAUL GILMAN is senior vice president and chief sustainability officer for Convanta Energy. Previously, he served as director of the Oak Ridge Center for Advanced Studies and as assistant administrator for research and development in the U.S. Environmental Protection Agency. He also worked in the Office of Management and Budget, where he had oversight responsibilities for the Department of Energy (DOE) and all other science agencies, and in DOE, where he advised the secretary of energy on scientific and technical matters. From 1993 to 1998, Dr. Gilman was the executive director of the Commission on Life Sciences and the Board on Agriculture and Natural Resources of the National Research Council (NRC). He is a member of the NRC Board on Environmental Studies and Toxicology and has served on several committees, including the Committee on Evaluating the Efficiency of Research and Development Programs at the Environmental Protection Agency. Dr. Gilman earned PhDs in ecology and evolutionary biology from Johns Hopkins University. ROBERT J. HUGGETT is a consultant and professor emeritus of marine science at the College of William and Mary. From 1997 to 2004, he served as professor of zoology and vice president for research and graduate studies of Michigan State University. Dr. Huggett’s aquatic-biogeochemistry research involved the fate and effects of hazardous substances in aquatic systems. From 1994 to 1997, he was the assistant administrator for research and development at the U.S. Environmental Protection Agency, where his responsibilities included planning and directing the agency’s research program. He has served on the National Research Council Board on Environmental Studies and Toxicology and Committee on Evaluating the Efficiency of Research and Development Programs at the Environmental Protection Agency and others. Dr. Huggett earned his PhD in marine science at the College of William and Mary. SHARON G. LEVIN is professor emeritus and research professor of economics at the University of Missouri–St. Louis. Her research has focused for the most part on the quality and composition of the scientific workforce. A major theme has been the effect of immigration on the careers of U.S. scientists and engineers. Her research has been the subject of articles in The Economist, Science, The Scientist, and various newspapers and magazines in the United States and abroad. Dr. Levin has served as a consultant to the Howard Hughes Medical Institute on issues concerning scientific productivity over the life cycle and the Office of Technology Assessment of the U.S. Congress. She is a member of the Network on the Scientific Workforce, jointly sponsored by the Sloan Foundation and the National Bureau of Economic Research Inc. In 1993, she received the Chancellor’s Award for Excellence in Research and Creativity by the University of Missouri–St. Louis. Dr. Levin earned a PhD in economics from the University of Michigan. KENNETH OLDEN is the founder and acting dean of the School of Public Health of the City University of New York and a tenured faculty member of Hunter College. He is a cell biologist and biochemist by training and has been active in cancer research for almost 4 decades. In 1991, Dr. Olden was named the third director of the National Institute of Environmental Health Sciences and the second director of the National Toxicology Program. Previously, he was director of the Howard University Cancer Center and professor and chairman of the Department of Oncology of Howard University Medical School (1985- 1991). He also held several roles at the National Institutes of Health: senior staff fellow, expert, and research biologist in the Division of Cancer Biology and Diagnosis of the National Cancer Institute. Dr. Olden is a member of the Institute of Medicine and served as an ex officio member of the Roundtable on Environmental Health Sciences, Research, and Medicine and as a member of the Office of Scientific and 20 Prepublication Copy

Engineering Personnel Advisory Committee. He earned a PhD in cell biology and biochemistry from Temple University. LAUREN ZEISE is chief of the Reproductive and Cancer Hazard Assessment Branch of the California Environmental Protection Agency. Her research focuses on modeling human interindividual variability and risk. Dr. Zeise has served on advisory boards of the U.S. Environmental Protection Agency (EPA), the World Health Organization, the Office of Technology Assessment, and the National Institute of Environmental Health Sciences. She is a member, fellow, past councilor, and past editor of the Society of Risk Analysis and received the society's Outstanding Risk Practitioner Award in 2008. She is a lifetime national associate of the National Academies. She has served on the National Research Council (NRC) Board on Environmental Studies and Toxicology and the Institute of Medicine Board on Health Promotion and Disease Prevention, and she has served as a member of several NRC committees, including the Committee on Risk Characterization, the Committee on Comparative Toxicology of Naturally Occurring Carcinogens, and the Committee to Review EPA’s Research Grants Program. Dr. Zeise received her PhD from Harvard University. Prepublication Copy 21

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At the request of the U.S. Environmental Protection Agency (EPA), the present letter report evaluates the effectiveness of EPA's Title 42 program. Title 42 authority was granted to EPA for 5 years, from 2006 to 2011. As that period draws to a close, it was thought that a review of the current program would be appropriate.

This letter report first provides some background information on the origin of EPA's Title 42 program and then more detailed information on the committee's task and its approach to the task, comments on implementation of the Title 42 program, and suggestions for strengthening the program. The report concludes with the committee's overall findings and recommendations. Although the Title 42 program at EPA is still evolving, the committee found that the agency has implemented the program appropriately. Most important, the Title 42 appointees have already had a favorable effect on EPA's scientific research even after such a short time since implementation of the program. A leading example is the development of the National Center for Computational Toxicology.

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