(11) Congressional guidance for the Adminis-
trator is needed to ensure that decisions are reason-
able, well supported, and balanced; to avoid disrup-
tions in agriculture, other sectors of the economy,
and international trade caused by prematurely im-
plemented decisions or by public misunderstanding
or unwarranted speculation about tentative deci-
sions. Much of the potential problem can be avoided
if the Administrator uses available authority to re-
solve policy issues, announce data needs, avoid
unneeded use of assumptions in lieu of data, make
clear the tentative and preliminary nature of find-
ings made in the short term, and provide extended
implementation periods for adverse decisions when
appropriate.
SEC. 3. SPECIAL DATA REQUIREMENTS; REQUIREMENT
FOR CALLING IN ADDITIONAL DATA.
(a) IN GENERAL.—Section 408(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a(f)) is
amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by striking ‘‘(1) REQUIRING SUBMISSION’’
and all that follows through ‘‘(A) issue a notice re-
quiring the person’’ and inserting the following:
‘‘(1) REQUIRING SUBMISSION OF ADDITIONAL
DATA.—
‘‘(A) CONTINUATION
OF
TOLERANCE
OR
EXEMPTION.—If the Administrator determines
that additional data or information are reason-
ably required to support the continuation of a
tolerance or exemption that is in effect under
this section for a pesticide chemical residue on
a food, the Administrator shall obtain addi-
tional data or information through any of the
methods described in paragraph (2).
‘‘(B) MODIFYING, SUSPENDING, OR
RE-
VOKING
TOLERANCE
OR
EXEMPTION.—If the
Administrator makes a determination that there
may be grounds for modifying, suspending, or
revoking a tolerance or exemption in effect
under this section for a pesticide chemical res-
idue in or on food, the Administrator may not
modify, suspend, or revoke the tolerance or ex-
emption until the Administrator has considered
additional data or information obtained by the
Administrator (after making such determina-
tion). The Administrator shall obtain the re-
quired additional data or information through
any of the methods described in paragraph (2).
‘‘(2) METHODS
OF
OBTAINING
ADDITIONAL
DATA.—For purposes of obtaining additional data or
information under subparagraph (A) or (B) of para-
graph (1), the Administrator shall—
‘‘(A) issue a notice requiring the person’’.
(b) CONFORMING AMENDMENTS.—Section 408 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a)
is amended—
(1) in subsection (b)(2)(E)(ii), by striking
‘‘(f)(2)’’ and inserting ‘‘(f)(3)’’; and
(2) in subsection (g), in each of paragraphs (1)
and (2)(A), by striking ‘‘(f)(2)’’ and inserting
‘‘(f)(3)’’.
SEC. 4. REVIEW.
(a) AGENCY AUTHORITY FOR CERTAIN PUBLIC-IN-
TEREST DETERMINATIONS.—Section 408 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a) is
amended in subparagraph (C) of subsection (q)(1) by
striking the period at the end and inserting a comma, and
in the matter immediately after and below such subpara-
graph by inserting before the sentence the following: ‘‘ex-
cept that such requirements relating to periods of time
apply only to the extent determined by the Administrator
to be in the public interest. Any such determination shall
be published in the Federal Register, together with a
statement of the reasons underlying the determination.’’.
(b) PUBLIC INPUT.—Section 408(q)(1) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C.
346a(q)(1)) is amended in the matter after and below sub-
paragraph (C) by inserting before the period at the end
the following: ‘‘, except that before issuing a final rule
under subsection (d)(4) the Administrator shall issue a
proposed rule with a period of 60 days for public comment,
and before issuing a proposed rule under subsection (e)
the Administrator shall issue an advance notice of pro-
posed rulemaking in order to provide for a preliminary ex-
change of information and comments between the Admin-
istrator and the public’’.
SEC. 5. TOLERANCES FOR EMERGENCY USES.
Section 408(l)(6) of the Federal Food, Drug, and
Cosmetic Act is amended in the last sentence by inserting
before the period the following: ‘‘, except that the Adminis-
trator may issue such a tolerance or exemption associated
with an emergency exemption without regard to other tol-
erances or exemptions for the pesticide chemical residue
and before reassessing such tolerances or exemptions, if
the Administrator determines that any incremental expo-
sure that may result from the tolerance or exemption asso-
ciated with the emergency exemption alone will not pose
any significant dietary risk’’.
SEC. 6. REPORTS ON RESOURCES AND PRIORITIES.
(a) ENVIRONMENTAL PROTECTION AGENCY.—
(1) IN GENERAL.—Not later than January 15,
2000, the Administrator of the Environmental Pro-
tection Agency (in this subsection referred to as the
‘‘Administrator’’) shall submit to the Congress a re-
port specifying the financial resources needed by the
Administrator for the fiscal years 2001 through
2005 in order to carry out the amendments made by
the Food Quality Protection Act of 1996 to the Fed-
eral Food, Drug, and Cosmetic Act and the Federal
Insecticide, Fungicide, and Rodenticide Act, includ-
ing providing for the prompt processing of all reg-
istration applications and petitions for tolerances,
requests for experimental use permits, and requests
for emergency exemptions and for decisions on the
merits of such applications, petitions, and requests,
in addition to performing tolerance reassessments
and other duties required by such amendments.
(2) DETERMINATION OF EFFECTS OF NOT RE-
CEIVING INCREASED AMOUNT OF APPROPRIATIONS;
REALLOCATION OF RESOURCES.—The report under
paragraph (1) shall, in addition to provisions re-