HR 4815 IH
107th CONGRESS
2d Session
H. R. 4815
To ensure that efforts to address world hunger through the use of
genetically engineered animals and crops actually help developing countries and
peoples while protecting human health and the environment, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2002
Mr. KUCINICH (for himself, Mr. SANDERS, Ms. MCKINNEY, Ms. RIVERS, Mr.
PALLONE, Mrs. MINK of Hawaii, Ms. CARSON of Indiana, Mr. DEFAZIO, Mr. GUTIERREZ,
Mr. NADLER, Mr. OLVER, Mr. UDALL of New Mexico, Ms. VELAZQUEZ, Ms. WATERS, Ms.
WOOLSEY, Mr. JACKSON of Illinois, Ms. WATSON of California, Mr. RODRIGUEZ, Ms.
BERKLEY, Mr. OWENS, Ms. SOLIS, and Ms. LEE) introduced the following bill; which
was referred to the Committee on International Relations, and in addition to the
Committees on Ways and Means, Financial Services, and Agriculture, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To ensure that efforts to address world hunger through the use of
genetically engineered animals and crops actually help developing countries and
peoples while protecting human health and the environment, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) SHORT TITLE- This Act may be cited as the `Real Solutions to World
Hunger Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; findings.
Sec. 3. Ensuring safety and mitigating ecological impacts of United
States exports of genetically engineered animals, plants, and seeds.
Sec. 4. Promotion of international research regarding sustainable
agriculture to assist developing countries.
Sec. 5. Position of the United States in the international financial
institutions regarding genetically engineered animals, plants, and
seeds.
Sec. 6. Tax on biotech companies to help fund sustainable agriculture
research.
(c) FINDINGS- Congress finds the following:
(1) The need for mandatory labeling, safety testing, and environmental
reviews of genetically engineered foods do not constitute obstacles to the
cessation of world hunger.
(2) The dominant causes of world hunger are not technological in nature,
but rooted in basic social-economic failures.
(3) Technologies, like genetically engineered food, may have a limited
role, but economics remain the significant barrier to a consistent food
supply, and the development of expensive genetically engineered foods may
only exacerbate this trend.
(4) Most genetically engineered food products and almost all research
funding for the development of genetically engineered food target developed
nation agriculture and consumers. Developing countries cannot afford this
technology and therefore are vastly ignored.
(5) Agroecological interventions have had significant success in helping
developing nations feed
themselves with higher yields and improved environmental practices, all
within reasonable costs for developing countries.
(6) If the biotech industry believes they can help mitigate hunger
concerns, domestic or foreign, then requiring biotech companies to make
available the necessary resources for this purpose is appropriate.
SEC. 2. DEFINITIONS.
(1) GENETICALLY ENGINEERED ANIMAL- The term `genetically engineered
animal' means an animal that contains a genetically engineered material or
was produced with a genetically engineered material. An animal shall be
considered to contain a genetically engineered material or to have been
produced with a genetically engineered material if the animal has been
injected or otherwise treated with a genetically engineered material or is
the offspring of an animal that has been so injected or treated.
(2) GENETICALLY ENGINEERED PLANT- The term `genetically engineered
plant' means a plant that contains a genetically engineered material or was
produced from a genetically engineered seed. A plant shall be considered to
contain a genetically engineered material if the plant has been injected or
otherwise treated with a genetically engineered material (except that the
use of manure as a fertilizer for the plant may not be construed to mean
that the plant is produced with a genetically engineered material).
(3) GENETICALLY ENGINEERED SEED- The term `genetically engineered seed'
means a seed that contains a genetically engineered material or was produced
with a genetically engineered material. A seed shall be considered to
contain a genetically engineered material or to have been produced with a
genetically engineered material if the seed (or the plant from which the
seed is derived) has been injected or otherwise treated with a genetically
engineered material (except that the use of manure as a fertilizer for the
plant may not be construed to mean that any resulting seeds are produced
with a genetically engineered material).
(4) GENETICALLY ENGINEERED MATERIAL- The term `genetically engineered
material' means material that has been altered at the molecular or cellular
level by means that are not possible under natural conditions or processes
(including recombinant DNA and RNA techniques, cell fusion,
microencapsulation, macroencapsulation, gene deletion and doubling,
introducing a foreign gene, and changing the positions of genes), other than
a means consisting exclusively of breeding, conjugation, fermentation,
hybridization, in vitro fertilization or tissue culture or
mutagenesis.
(5) BIOTECH COMPANY- The term `biotech company' means a person engaged
in the business of creating genetically engineered material and obtaining
the patent rights to that material for the purposes of commercial
exploitation of that material. The term does not include the employees of
such person.
SEC. 3. ENSURING SAFETY AND MITIGATING ECOLOGICAL IMPACTS OF UNITED STATES
EXPORTS OF GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS.
It shall be unlawful for any person to ship or offer for shipment, or for
any carrier or other person to transport or receive for transportation, to any
foreign country, any genetically engineered animal, genetically engineered
plant, or genetically engineered seed that the person knows, or has reason to
believe, will be used by the ultimate purchaser to produce an agricultural
commodity if--
(1) the genetically engineered animal, genetically engineered plant, or
genetically engineered seed--
(A) was denied a Federal approval necessary as a condition for
commercial marketing in the United States; or
(B) was the subject of an application for such a Federal approval that
was withdrawn; or
(2) the government of the foreign country has not certified that
ecological impacts related to the importation of the genetically engineered
animal, genetically engineered plant, or genetically engineered seed have
been mitigated to the satisfaction of the foreign government.
SEC. 4. PROMOTION OF INTERNATIONAL RESEARCH REGARDING SUSTAINABLE
AGRICULTURE TO ASSIST DEVELOPING COUNTRIES.
(a) GRANTS FOR INTERNATIONAL RESEARCH- The Secretary of Agriculture may
make grants to designated international research institutions for the purpose
of promoting the development of sustainable agriculture techniques that rely
on minimum artificial inputs to meet the food and fiber needs of developing
countries. Eligible sustainable agriculture techniques may not derive any
genetic engineered material.
(b) USE OF GRANT FUNDS- A grant recipient shall use the funds provided
under this section only in a manner consistent with the purpose for which the
grant is awarded.
(c) DESIGNATED INSTITUTIONS- The Secretary of Health and Human Services
shall designate the international research institutions eligible to apply for
a grant under this section. The designated institutions shall include the
United Nations Food and Agriculture Organization and the Consultative Group on
International Agricultural Research.
(d) COMPETITIVE BASIS- Grants under this section shall be made on a
competitive basis.
(e) FUNDING SOURCE- The Secretary of Agriculture shall use the Sustainable
Agriculture Trust Fund, in such amounts as provided in advance in
appropriation Acts, to make grants under this section.
SEC. 5. POSITION OF THE UNITED STATES IN THE INTERNATIONAL FINANCIAL
INSTITUTIONS REGARDING GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS.
The Secretary of the Treasury shall instruct the United States Executive
Director at each international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act) to make no effort
to encourage the institution to prohibit any country eligible for assistance
under the Heavily Indebted Poor Countries (HIPC) Initiative of the
International Bank for Reconstruction and Development from requiring
compulsory licensing with respect to any genetically engineered animal,
genetically engineered plant, or genetically engineered seed.
SEC. 6. TAX ON BIOTECH COMPANIES TO HELP FUND SUSTAINABLE AGRICULTURE
RESEARCH.
(1) TAX IMPOSED- Subchapter A of chapter 1 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new part:
`PART VIII--TAX ON GENETIC ENGINEERING BUSINESSES
`Sec. 59B. Imposition of tax.
`SEC. 59B. IMPOSITION OF TAX.
`(a) TAX IMPOSED- In the case of a corporation, there is hereby imposed
(in addition to any other tax imposed by this subtitle) a tax equal to 1
percent of the gross income of such business for the taxable year which is
attributable (directly or indirectly) to--
`(1) the marketing in the United States of any genetically engineered
organism, or
`(2) the holding of a patent on any such an organism.
`(b) DEFINITION- In this section, the term `genetically engineered
organism' means--
`(1) an organism that has been altered at the molecular or cellular
level by means that are not possible under natural conditions or processes
(including but not limited to recombinant DNA and RNA techniques, cell
fusion, microencapsulation, macroencapsulation, gene deletion and doubling,
introducing a foreign gene, and changing the positions of genes), other than
a means consisting exclusively of breeding, conjugation, fermentation,
hybridization, in vitro fertilization, tissue culture, or mutagenesis;
and
`(2) an organism made through sexual or asexual reproduction (or both)
involving an organism described in subparagraph (A), if possessing any of
the altered molecular or cellular characteristics of the organism so
described.'
(2) CLERICAL AMENDMENT- The table of parts for such subchapter A is
amended by adding at the end the following new item:
`Part VIII. Tax on genetic engineering businesses.'
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply
to taxable years beginning after the date of the enactment of this
Act.
(b) SUSTAINABLE AGRICULTURE TRUST FUND-
(1) CREATION AND FUNDING SOURCE- Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund code) is amended by
adding at the end the following new section:
`SEC. 9511. SUSTAINABLE AGRICULTURE TRUST FUND.
`(a) CREATION OF TRUST FUND- There is established in the Treasury of the
United States a trust fund to be known as the `Sustainable Agriculture Trust
Fund', consisting of such amounts as may be appropriated or credited to the
Sustainable Agriculture Trust Fund as provided in this section or section
9602(b).
`(b) TRANSFER TO TRUST FUND OF CERTAIN TAXES- There is hereby appropriated
to the Sustainable Agriculture Trust Fund amounts equivalent to the taxes
received in the Treasury under section 59B.
`(c) EXPENDITURES FROM TRUST FUND- Amounts in the Sustainable Agriculture
Trust Fund shall be available, as provided in appropriation Acts, only for
grants under sections 3 and 4 of the Real Solutions to World Hunger Act of
2002.'.
(2) CLERICAL AMENDMENT- The table of sections for such subchapter A is
amended by adding at the end the following new item:
`Sec. 9511. Sustainable Agriculture Trust Fund.'
END