SEC. 104. PREVENTION OF NONCOMPETITIVE PRACTICES 
INVOLVING TECHNOLOGY FEES. 
(a) DISCLOSURE OF TECHNOLOGY FEES.—A biotech 
company that sells a genetically engineered animal, geneti-
cally engineered plant, or genetically engineered seed for 
use in agricultural production in the United States shall 
notify the Secretary, at such times and in such manner 
as the Secretary shall require, of— 
(1) the nature and amount of any technology, 
nonproduction, royalty, or similar fees collected by 
the biotech company in each country where such ge-
netically engineered animal, plant, or seed is mar-
keted; and 
(2) in the case of a genetically engineered plant 
or genetically engineered seed, the prices charged by 
the biotech company for herbicides associated with 
such genetically engineered plant or seed. 
(b) PROHIBITION
ON
NONCOMPETITIVE
PRAC-
TICES.—A biotech company that sells a genetically engi-
neered animal, genetically engineered plant, or genetically 
engineered seed for use in agricultural production in the 
United States may not charge higher technology, non-
production, royalty, or similar fees for sales of the geneti-
cally engineered animal, plant, or seed in the United 
States than in other countries in which the genetically en-
gineered animal, plant, or seed is sold. 
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(c) PUBLICATION
OF DATA.—The Secretary shall 
publish all data received under subsection (a)(1) every six 
months in the Federal Register and on a publicly available 
Internet site. 
SEC. 105. MEASURES TO AVOID CROSS POLLINATION IN-
VOLVING GENETICALLY ENGINEERED SEEDS 
OR PLANTS. 
(a) DESIGNATION OF PREDOMINATELY OUTCROSSED 
POLLINATORS.—The Secretary shall determine which 
plants are predominately outcrossed pollinators and make 
such information available to persons who sell or purchase 
such plants or the seeds of such plants for use in agricul-
tural production. 
(b) MINIMIZING THE NEGATIVE EFFECTS OF PRE-
DOMINATELY
OUTCROSSED
POLLINATORS.—The Sec-
retary shall issue rules to require effective mitigation 
strategies for any crop that is a predominately outcrossed 
pollinator. 
(c) PROVIDING INSTRUCTIONS TO AVOID CROSS 
POLLINATION.—The seller of any genetically engineered 
plant or genetically engineered seed that has been identi-
fied as a predominately outcrossed pollinator shall provide 
written instructions to each purchaser of the plants or 
seeds regarding how to plant and cultivate the plants or 
seeds so as to avoid cross contamination. 
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SEC. 106. RESISTANCE OF AGRICULTURAL PESTS TO CER-
TAIN NATURALLY OCCURRING PESTICIDES. 
Section 3(c) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136a(c)) is amended by 
adding at the end the following paragraph: 
‘‘(11) PLANT-INCORPORATED BT PESTICIDES.— 
‘‘(A) Not later than 180 days after the 
date of the enactment of this paragraph, the 
Administrator, 
in 
consultation 
with 
the 
subpanel established under subparagraph (B), 
shall establish the best achievable resistance 
plan for plant-incorporated pesticides engi-
neered to include toxins derived from the bac-
terium Bacillus thuringiensis (referred to in 
this paragraph as ‘plant-incorporated Bt pes-
ticide’). 
‘‘(B) Before establishing the best achiev-
able resistance plan under subparagraph (A), 
the Administrator shall, in accordance with pro-
cedures under section 25(d), establish a tem-
porary subpanel to provide advice to the Admin-
istrator on scientific matters involved in estab-
lishing the resistance plan described in subpara-
graph (A). 
‘‘(C) Once the best achievable resistance 
plan is established under subparagraph (A), the 
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