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[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weather Modification Research and 
Technology Transfer Authorization Act of 2005''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to develop and implement a 
comprehensive and coordinated national weather modification policy and 
a national cooperative Federal and State program of weather 
modification research and development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Weather 
        Modification Advisory and Research Board.
            (2) Executive director.--The term ``Executive Director'' 
        means the Executive Director of the Weather Modification 
        Advisory and Research Board.
            (3) Research and development.--The term ``research and 
        development'' means theoretical analysis, exploration, 
        experimentation, and the extension of investigative findings 
        and theories of scientific or technical nature into practical 
        application for experimental and demonstration purposes, 
        including the experimental production and testing of models, 
        devices, equipment, materials, and processes.
            (4) Weather modification.--The term ``weather 
        modification'' means changing or controlling, or attempting to 
        change or control, by artificial methods the natural 
        development of atmospheric cloud forms or precipitation forms 
        which occur in the troposphere.

SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD ESTABLISHED.

    (a) In General.--There is established in the Department of Commerce 
the Weather Modification Advisory and Research Board.
    (b) Membership.--
            (1) In general.--The Board shall consist of 11 members 
        appointed by the Secretary of Commerce, of whom--
                    (A) at least 1 shall be a representative of the 
                American Meteorological Society;
                    (B) at least 1 shall be a representative of the 
                American Society of Civil Engineers;
                    (C) at least 1 shall be a representative of the 
                National Academy of Sciences;
                    (D) at least 1 shall be a representative of the 
                National Center for Atmospheric Research of the 
                National Science Foundation;
                    (E) at least 2 shall be representatives of the 
                National Oceanic and Atmospheric Administration of the 
                Department of Commerce;
                    (F) at least 1 shall be a representative of 
                institutions of higher education or research 
                institutes; and
                    (G) at least 1 shall be a representative of a State 
                that is currently supporting operational weather 
                modification projects.
            (2) Tenure.--A member of the Board serves at the pleasure 
        of the Secretary of Commerce.
            (3) Vacancies.--Any vacancy on the Board shall be filled in 
        the same manner as the original appointment.
    (b) Advisory Committees.--The Board may establish advisory 
committees to advise the Board and to make recommendations to the Board 
concerning legislation, policies, administration, research, and other 
matters.
    (c) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Board have been appointed, the Board shall 
hold its first meeting.
    (d) Meetings.--The Board shall meet at the call of the Chair.
    (e) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Chair and Vice Chair.--The Board shall select a Chair and Vice 
Chair from among its members.

SEC. 5. DUTIES OF THE BOARD.

    (a) Promotion of Research and Development.--In order to assist in 
expanding the theoretical and practical knowledge of weather 
modification, the Board shall promote and fund research and 
development, studies, and investigations with respect to--
            (1) improved forecast and decisionmaking technologies for 
        weather modification operations, including tailored computer 
        workstations and software and new observation systems with 
        remote sensors; and
            (2) assessments and evaluations of the efficacy of weather 
        modification, both purposeful (including cloud-seeding 
        operations) and inadvertent (including downwind effects and 
        anthropogenic effects).
    (b) Financial Assistance.--Unless the use of the money is 
restricted or subject to any limitations provided by law, the Board 
shall use amounts in the Weather Modification Research and Development 
Fund--
            (1) to pay its expenses in the administration of this Act; 
        and
            (2) to provide for research and development with respect to 
        weather modifications by grants to, or contracts or cooperative 
        arrangements with, public or private agencies.
    (c) Report.--The Board shall submit to the Secretary of Commerce 
biennially a report on its findings and research results.

SEC. 6. POWERS OF THE BOARD.

    (a) Studies, Investigations, and Hearings.--The Board may make any 
studies or investigations, obtain any information, and hold any 
hearings necessary or proper to administer or enforce this Act or any 
rules or orders issued under this Act.
    (b) Personnel.--The Board may employ, as provided for in 
appropriations Acts, an Executive Director and other support staff 
necessary to perform duties and functions under this Act.
    (c) Cooperation With Other Agencies.--The Board may cooperate with 
public or private agencies to promote the purposes of this Act.
    (d) Cooperative Agreements.--The Board may enter into cooperative 
agreements with the head of any department or agency of the United 
States, an appropriate official of any State or political subdivision 
of a State, or an appropriate official of any private or public agency 
or organization for conducting weather modification activities or 
cloud-seeding operations.
    (e) Conduct and Contracts for Research and Development.--The 
Executive Director, with the approval of the Board, may conduct and may 
contract for research and development activities relating to the 
purpose described in section 2.

SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS AND 
              RESEARCH BOARD.

    The heads of the departments and agencies of the United States and 
the heads of any other public or private agencies and institutions that 
receive research funds from the United States shall, to the extent 
possible, give full support and cooperation to the Board and to 
initiate independent research and development programs that address 
weather modifications.

SEC. 8. FUNDING.

    (a) In General.--There is established within the Treasury of the 
United States the Weather Modification Research and Development Fund, 
which shall consist of amounts appropriated pursuant to subsection (b) 
or received by the Board under subsection (c).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Board for the purposes of carrying out this Act 
$10,000,000 for each of fiscal years 2006 through 2015. Any sums 
appropriated under this subsection shall remain available, without 
fiscal year limitation, until expended.
    (c) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.
[A]: Weather Modification Research and Technology Transfer Authorization Act of 2005 - Establishes in the Department of Commerce the Weather Modification Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects).

Establishes within the U.S. Treasury the Weather Modification Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Enhancement Act of 
2006''.

                TITLE I--ALIEN SMUGGLER PROSECUTION ACT

SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.

    (a) Findings.--The Congress finds as follows:
            (1) Recent experience shows that alien smuggling is 
        flourishing, is increasingly violent, and is highly profitable.
            (2) Alien smuggling operations also present terrorist and 
        criminal organizations with opportunities for smuggling their 
        members into the United States practically at will.
            (3) Alien smuggling is a lucrative business. Each year, 
        criminal organizations that smuggle or traffic in persons are 
        estimated to generate $9,500,000,000 in revenue worldwide.
            (4) Alien smuggling frequently involves dangerous and 
        inhumane conditions for smuggled aliens. Migrants are 
        frequently abused or exploited, both during their journey and 
        upon reaching the United States. Consequently, aliens smuggled 
        into the United States are at significant risk of physical 
        injury, abuse, and death.
            (5) Notwithstanding that alien smuggling poses a risk to 
        the United States as a whole, uniform guidelines for the 
        prosecution of smuggling offenses are not employed by the 
        various United States attorneys. Understanding that border-area 
        United States attorneys face an overwhelming workload, a lack 
        of sufficient prosecutions by certain United States attorneys 
        has encouraged additional smuggling, and demoralized Border 
        Patrol officers charged with enforcing our anti-smuggling laws.
    (b) Sense of Congress.--It is the sense of the Congress that the 
Attorney General should adopt, not later than 3 months after the date 
of the enactment of this Act, uniform guidelines for the prosecution of 
smuggling offenses to be followed by each United States attorney in the 
United States.
    (c) Additional Personnel.--In each of the fiscal years 2008 through 
2013, the Attorney General shall, subject to the availability of 
appropriations, increase by not less than 20 the number of attorneys in 
the offices of United States attorneys employed to prosecute cases 
under section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324), as compared to the previous fiscal year.

                  TITLE II--CRIMINAL ALIEN REMOVAL ACT

SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL 
              GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date.

            TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006

SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by the Bureau 
of Immigration and Customs Enforcement, shall be imprisoned for not 
more than 20 years.
    ``(b) Any person who recklessly permits the construction or use of 
a tunnel or passage described in subsection (a) on land that the person 
owns or controls shall be imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice 
the penalty that would have otherwise been imposed had the unlawful 
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``554,'' before ``1425,''.

SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate or amend 
sentencing guidelines to provide for increased penalties for persons 
convicted of offenses described in section 554 of title 18, United 
States Code, as added by section 301.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines, policy 
        statements, and official commentary reflect the serious nature 
        of the offenses described in section 554 of title 18, United 
        States Code, and the need for aggressive and appropriate law 
        enforcement action to prevent such offenses;
            (2) provide adequate base offense levels for offenses under 
        such section;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a tunnel or passage described in 
                subsection (a) of such section to facilitate other 
                felonies; and
                    (B) the circumstances for which the sentencing 
                guidelines currently provide applicable sentencing 
                enhancements;
            (4) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (5) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (6) ensure that the sentencing guidelines adequately meet 
        the purposes of sentencing set forth in section 3553(a)(2) of 
        title 18, United States Code.
[A]: Border Security Enhancement Act of 2006 - Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses.

Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013.

Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to determine inadmissibility based on criminal grounds under an expedited removal process for an alien who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal.

Authorizes the Secretary to execute an order of removal seven days (currently, 14 days) after it's issuance.

Amends the federal criminal code to prohibit the knowing construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country.

Imposes a 20-year maximum prison term for such offense. Imposes a 10-year maximum prison term on any person who recklessly permits the construction or use of such a tunnel or passage on land that such person owns or controls.

Doubles penalties for persons who use such a tunnel or passage to unlawfully smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization.

Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of such a tunnel or passage.


[Q]: SECTION 1. REGISTRATION OF FOREIGN PESTICIDES BY STATES.

    (a) In General.--Section 24 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the 
following:
    ``(d) Registration of Foreign Pesticides by States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Comparable domestic pesticide.--The term 
                `comparable domestic pesticide' means a pesticide 
                that--
                            ``(i) is registered under section 3;
                            ``(ii) is not subject to a notice of intent 
                        to cancel or suspend or an enforcement action 
                        under section 12, based on the labeling or 
                        composition of the pesticide;
                            ``(iii) is used as the basis for comparison 
                        for the determinations required under paragraph 
                        (3); and
                            ``(iv) is labeled for use on the site or 
                        crop for which registration is sought under 
                        this subsection on the basis of a use that is 
                        not the subject of a pending interim 
                        administrative review under section 3(c)(8).
                    ``(B) Foreign pesticide.--The term `foreign 
                pesticide' means a pesticide that--
                            ``(i) is registered for use as a pesticide 
                        in a foreign country;
                            ``(ii) is identical or substantially 
                        similar in its composition to any pesticide 
                        registered under section 3; and
                            ``(iii) is registered by the registrant of 
                        a comparable domestic pesticide or an 
                        affiliated entity of the registrant.
            ``(2) Authority to register foreign pesticides.--
                    ``(A) In general.--On the request of 1 or more 
                agricultural producers or on the initiative of a State, 
                the State may register a foreign pesticide for 
                distribution and use in the State if the registration 
                is consistent with this subsection and other provisions 
                of this Act and is approved by the Administrator.
                    ``(B) Effect of registration.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), on approval by the Administrator, 
                        the registration of a foreign pesticide by a 
                        State shall be considered a registration of the 
                        pesticide under section 3.
                            ``(ii) Distribution to other states.--A 
                        foreign pesticide that is registered by a State 
                        under this subsection and distributed to a 
                        person in that State shall not be transported 
                        to, or used by, a person in another State 
                        unless the distribution and use is consistent 
                        with the registration by the original State.
                    ``(C) Registrant.--A State that registers a foreign 
                pesticide under this subsection shall be considered the 
                registrant of the foreign pesticide under this Act.
            ``(3) State requirements for registration.--To register a 
        foreign pesticide under this subsection, a State shall--
                    ``(A)(i) determine whether the foreign pesticide is 
                identical or substantially similar in its composition 
                to a comparable domestic pesticide; and
                    ``(ii) submit the proposed registration to the 
                Administrator only if the State determines that the 
                foreign pesticide is identical or substantially similar 
                in its composition to a comparable domestic pesticide;
                    ``(B) for each food or feed use authorized by the 
                registration--
                            ``(i) determine whether there exists a 
                        tolerance or exemption under the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
                        that permits the residues of the pesticide on 
                        the food or feed;
                            ``(ii) identify the tolerances or 
                        exemptions in the submission made under 
                        subparagraph (D); and
                            ``(iii) describe in the submission the 
                        proposed application of the tolerances to meet 
                        special local needs;
                    ``(C) require that the pesticide bear a label 
                that--
                            ``(i) specifies the information that is 
                        required to comply with section 3(c)(5);
                            ``(ii) identifies itself as the only valid 
                        label;
                            ``(iii) identifies the State in which the 
                        product may be used;
                            ``(iv) identifies the approved use and 
                        includes directions for use, use restrictions, 
                        and precautions that are identical or 
                        substantial similar to the directions for use, 
                        use restrictions, and precautions that are on 
                        the approved label of the comparable domestic 
                        pesticide; and
                            ``(v) includes a statement indicating that 
                        it is unlawful to distribute or use the foreign 
                        pesticide in the State in a manner that is 
                        inconsistent with the registration of the 
                        pesticide by the State; and
                    ``(D) submit to the Administrator a description of 
                the proposed registration of the foreign pesticide that 
                includes a statement of the determinations made under 
                this paragraph, the proposed labeling for the foreign 
                pesticide, and related supporting documentation.
            ``(4) Approval of registration by administrator.--
                    ``(A) In general.--Not later than 60 days after 
                receipt of the proposed registration of a foreign 
                pesticide by a State submitted under paragraph (3)(D), 
                the Administrator shall approve the proposed 
                registration if the Administrator determines that the 
                proposed registration of the foreign pesticide by the 
                State is consistent with this subsection and other 
                provisions of this Act.
                    ``(B) Notice of approval.--No registration of a 
                foreign pesticide by a State under this subsection 
                shall be considered approved, or be effective, until 
                the Administrator provides notice of approval of the 
                registration in writing to the State.
                    ``(C) Harmonization of registrations.--In carrying 
                out this subsection, the Administrator shall take into 
                account the priority of harmonizing the registrations 
                of foreign pesticides and comparable domestic pesticide 
                in accordance with the United States-Canada Free Trade 
                Agreement, the North American Free Trade Agreement, and 
                other applicable agreements and treaties.
            ``(5) Labeling of foreign pesticides.--
                    ``(A) Distribution.--After a notice of the approval 
                of a foreign pesticide by a State is received by the 
                State, the State shall make labels approved by the 
                State and the Administrator available to persons 
                seeking to distribute the foreign pesticide in the 
                State.
                    ``(B) Use.--A foreign pesticide that is registered 
                by a State under this subsection may be used within the 
                State only if the foreign pesticide bears the approved 
                label for use in the State.
                    ``(C) Containers.--Each container containing a 
                foreign pesticide registered by a State shall, before 
                the transportation of the foreign pesticide into the 
                State and at all times the foreign pesticide is 
                distributed or used in the State, bear a label that is 
                approved by the State and the Administrator.
                    ``(D) Report.--A person seeking to distribute a 
                foreign pesticide registered by a State shall provide 
                to the State a report that--
                            ``(i) identifies the person that will 
                        receive and use the foreign pesticide in the 
                        State; and
                            ``(ii) states the quantity of the foreign 
                        pesticide that will be transported into the 
                        State.
                    ``(E) Affixing labels.--The act of affixing a label 
                to a foreign pesticide under this subsection shall not 
                be considered production for the purposes of this Act.
            ``(6) Annual reports.--
                    ``(A) Preparation.--A State registering 1 or more 
                foreign pesticides under this subsection shall prepare 
                an annual report that--
                            ``(i) identifies the foreign pesticides 
                        that are registered by the State;
                            ``(ii) identifies the users of foreign 
                        pesticides used in the State; and
                            ``(iii) states the quantity of foreign 
                        pesticides used in the State.
                    ``(B) Availability.--On the request of the 
                Administrator, the State shall provide a copy of the 
                annual report to the Administrator.
            ``(7) Recalls.--If the Administrator determines that it is 
        necessary under this Act to terminate the distribution or use 
        of a foreign pesticide in a State, on the request of the 
        Administrator, the State shall recall the foreign pesticide.
            ``(8) Suspension of state authority to register foreign 
        pesticides.--
                    ``(A) In general.--If the Administrator finds that 
                a State that has registered 1 or more foreign 
                pesticides under this subsection is not capable of 
                exercising adequate controls to ensure that 
                registration under this subsection is consistent with 
                this subsection and other provisions of this Act or has 
                failed to exercise adequate control over 1 or more 
                foreign pesticides, the Administrator may suspend the 
                authority of the State to register foreign pesticides 
                under this subsection until such time as the 
                Administrator determines that the State can and will 
                exercise adequate control of the foreign pesticides.
                    ``(B) Notice and opportunity to respond.--Before 
                suspending the authority of a State to register a 
                foreign pesticide, the Administrator shall--
                            ``(i) advise the State that the 
                        Administrator proposes to suspend the authority 
                        and the reasons for the proposed suspension; 
                        and
                            ``(ii) provide the State with an 
                        opportunity time to respond to the proposal to 
                        suspend.
            ``(9) Disclosure of information by administrator to the 
        state.--The Administrator may disclose to a State that is 
        seeking to register a foreign pesticide in the State 
        information that is necessary for the State to make the 
        determinations required by paragraph (3) if the State certifies 
        to the Administrator that the State can and will maintain the 
        confidentiality of any trade secrets or commercial or financial 
        information that was marked under section 10(a) provided by the 
        Administrator to the State under this subsection to the same 
        extent as is required under section 10.
            ``(10) Provision of information by registrants of 
        comparable domestic pesticides.--If a State registers a foreign 
        pesticide, and a registrant of a comparable domestic pesticide 
        that is (directly or through an affiliate) a foreign registrant 
        fails to provide to the State the information possessed by the 
        registrant that is necessary to make the determinations 
        required by paragraph (3), the Administrator may suspend 
        without a hearing all pesticide registrations issued to the 
        registrant under this Act.
            ``(11) Patents.--Title 35, United States Code, shall not 
        apply to a foreign pesticide registered by a State under this 
        subsection that is transported into the United States or to any 
        person that takes an action with respect to the foreign 
        pesticide in accordance with this subsection.
            ``(12) Submissions.--A submission by a State under this 
        section shall not be considered an application under section 
        3(c)(1)(F).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 
121) is amended by adding at the end of the items relating to section 
24 the following:

        ``(d) Registration of foreign pesticides by States.
            ``(1) Definitions.
            ``(2) Authority to register foreign pesticides.
            ``(3) State requirements for registration.
            ``(4) Approval of registration by 
            Administrator.
            ``(5) Labeling of foreign pesticides.
            ``(6) Annual reports.
            ``(7) Recalls.
            ``(8) Suspension of State authority to register 
            foreign pesticides.
            ``(9) Disclosure of information by 
            Administrator to the State.
            ``(10) Provision of information by registrants 
            of comparable domestic pesticides.
            ``(11) Patents.
            ``(12) Submissions.''.
    (c) Effective Date.--This section and the amendments made by this 
section take effect 60 days after the date of enactment of this Act.
[A]:
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to allow a State, on the request of an agricultural producer or on the State's initiative, to register a foreign pesticide for distribution and use in the State if registration is consistent with such Act and is approved by the Administrator of the Environmental Protection Agency. 
Considers such registrations, on approval by the Administrator, as registrations under the Act.  Bars the transport of such pesticides to, or use by, a person in another State unless the distribution and use is consistent with the registration by the original State. 
Sets forth requirements for foreign pesticide registration by a State and approval by the Administrator.  Requires the Administrator, in carrying out this Act, to take into account the priority of harmonizing the registrations of foreign and comparable domestic pesticides in accordance with applicable agreements and treaties. 
Sets forth labeling requirements for foreign registered pesticides.  Requires persons seeking to distribute such pesticides to provide to the State a report that: (1) identifies the person that will receive and use the pesticide in the State; and (2) states the quantity of the pesticide that will be transported into the State. 
Directs States registering foreign pesticides to prepare annual reports that identify such pesticides and the users of such pesticides and state the quantity of such pesticides used. 
Requires States, if the Administrator determines it necessary to terminate the distribution or use of a foreign pesticide, to recall the pesticide on the Administrator's request.  Authorizes the Administrator to suspend the authority of a State to register foreign pesticides if a State is found incapable of exercising adequate controls to ensure that registration is consistent with the Act. Provides States with an opportunity to respond before suspension. 
Makes Federal patent law inapplicable to a foreign pesticide registered by a State that is transported into the United States or to any person that takes an action with respect to such pesticide in accordance with this Act.