I 

109TH CONGRESS 

2D SESSION H. R. 5270 

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 2, 2006 

Mr. KUCINICH (for himself, Mr. CONYERS, Ms. LEE, Mr. SANDERS, Ms. WATERS, and Mr. OLVER) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Real Solutions to World Hunger Act of 2005’’. 


cchase on PROD1PC60 with BILLS
2 

•HR 5270 IH

1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents; findings. 

Sec. 2. Definitions. 

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. 

3 (c) FINDINGS.—Congress finds the following: 

4 (1) The need for mandatory labeling, safety 

5 testing, and environmental reviews of genetically en6 gineered foods do not constitute obstacles to the ces7 sation of world hunger. 

8 (2) The dominant causes of world hunger are 

9 not technological in nature, but rooted in basic so10 cial-economic failures. 

11 (3) Technologies, like genetically engineered 

12 food, may have a limited role, but economics remain 

13 the significant barrier to a consistent food supply, 

14 and the development of expensive genetically engi15 neered foods may only exacerbate this trend. 

16 (4) Most genetically engineered food products 

17 and almost all research funding for the development 

18 of genetically engineered food target developed na19 tion agriculture and consumers. Developing coun20 tries cannot afford this technology and therefore are 

21 vastly ignored. 


cchase on PROD1PC60 with BILLS
3 

•HR 5270 IH

1 (5) Agroecological interventions have had sig2 nificant success in helping developing nations feed 

3 themselves with higher yields and improved environ4 mental practices, all within reasonable costs for de5 veloping countries. 

6 (6) If the biotech industry believes they can 

7 help mitigate hunger concerns, domestic or foreign, 

8 then requiring biotech companies to make available 

9 the necessary resources for this purpose is appro10 priate. 

11 SEC. 2. DEFINITIONS. 

12 In this Act: 

13 (1) GENETICALLY ENGINEERED ANIMAL.—The 

14 term ‘‘genetically engineered animal’’ means an ani15 mal that contains a genetically engineered material 

16 or was produced with a genetically engineered mate17 rial. An animal shall be considered to contain a ge18 netically engineered material or to have been pro19 duced with a genetically engineered material if the 

20 animal has been injected or otherwise treated with 

21 a genetically engineered material or is the offspring 

22 of an animal that has been so injected or treated. 

23 (2) GENETICALLY ENGINEERED PLANT.—The 

24 term ‘‘genetically engineered plant’’ means a plant 

25 that contains a genetically engineered material or 


cchase on PROD1PC60 with BILLS
4 

•HR 5270 IH

1 was produced from a genetically engineered seed. A 

2 plant shall be considered to contain a genetically en3 gineered material if the plant has been injected or 

4 otherwise treated with a genetically engineered mate5 rial (except that the use of manure as a fertilizer for 

6 the plant may not be construed to mean that the 

7 plant is produced with a genetically engineered ma8 terial). 

9 (3) GENETICALLY ENGINEERED SEED.—The 

10 term ‘‘genetically engineered seed’’ means a seed 

11 that contains a genetically engineered material or 

12 was produced with a genetically engineered material. 

13 A seed shall be considered to contain a genetically 

14 engineered material or to have been produced with 

15 a genetically engineered material if the seed (or the 

16 plant from which the seed is derived) has been in17 jected or otherwise treated with a genetically engi18 neered material (except that the use of manure as 

19 a fertilizer for the plant may not be construed to 

20 mean that any resulting seeds are produced with a 

21 genetically engineered material). 

22 (4) GENETICALLY ENGINEERED MATERIAL.— 

23 The term ‘‘genetically engineered material’’ means 

24 material that has been altered at the molecular or 

25 cellular level by means that are not possible under 


cchase on PROD1PC60 with BILLS
5 

•HR 5270 IH

1 natural conditions or processes (including recom2 binant DNA and RNA techniques, cell fusion, micro3 encapsulation, macroencapsulation, gene deletion 

4 and doubling, introducing a foreign gene, and chang5 ing the positions of genes), other than a means con6 sisting exclusively of breeding, conjugation, fer7 mentation, hybridization, in vitro fertilization or tis8 sue culture or mutagenesis. 

9 (5) BIOTECH COMPANY.—The term ‘‘biotech 

10 company’’ means a person engaged in the business 

11 of creating genetically engineered material and ob12 taining the patent rights to that material for the 

13 purposes of commercial exploitation of that material. 

14 The term does not include the employees of such 

15 person. 

16 SEC. 3. ENSURING SAFETY AND MITIGATING ECOLOGICAL 

17 IMPACTS OF UNITED STATES EXPORTS OF 

18 GENETICALLY ENGINEERED ANIMALS, 

19 PLANTS, AND SEEDS. 

20 It shall be unlawful for any person to ship or offer 

21 for shipment, or for any carrier or other person to trans22 port or receive for transportation, to any foreign country, 

23 any genetically engineered animal, genetically engineered 

24 plant, or genetically engineered seed that the person 


cchase on PROD1PC60 with BILLS
6 

•HR 5270 IH

1 knows, or has reason to believe, will be used by the ulti2 mate purchaser to produce an agricultural commodity if— 

3 (1) the genetically engineered animal, geneti4 cally engineered plant, or genetically engineered 

5 seed— 

6 (A) was denied a Federal approval nec7 essary as a condition for commercial marketing 

8 in the United States; or 

9 (B) was the subject of an application for 

10 such a Federal approval that was withdrawn; or 

11 (2) the government of the foreign country has 

12 not certified that ecological impacts related to the 

13 importation of the genetically engineered animal, ge14 netically engineered plant, or genetically engineered 

15 seed have been mitigated to the satisfaction of the 

16 foreign government. 

17 SEC. 4. PROMOTION OF INTERNATIONAL RESEARCH RE18 GARDING SUSTAINABLE AGRICULTURE TO 

19 ASSIST DEVELOPING COUNTRIES. 

20 (a) GRANTS FOR INTERNATIONAL RESEARCH.—The 

21 Secretary of Agriculture may make grants to designated 

22 international research institutions for the purpose of pro23 moting the development of sustainable agriculture tech24 niques that rely on minimum artificial inputs to meet the 

25 food and fiber needs of developing countries. Eligible susVerDate Aug 31 2005 20:31 May 06, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5270.IH H5270

cchase on PROD1PC60 with BILLS
7 

•HR 5270 IH

1 tainable agriculture techniques may not derive any genetic 

2 engineered material. 

3 (b) USE OF GRANT FUNDS.—A grant recipient shall 

4 use the funds provided under this section only in a manner 

5 consistent with the purpose for which the grant is award6 ed. 

7 (c) DESIGNATED INSTITUTIONS.—The Secretary of 

8 Health and Human Services shall designate the inter9 national research institutions eligible to apply for a grant 

10 under this section. The designated institutions shall in11 clude the United Nations Food and Agriculture Organiza12 tion and the Consultative Group on International Agricul13 tural Research. 

14 (d) COMPETITIVE BASIS.—Grants under this section 

15 shall be made on a competitive basis. 

16 (e) FUNDING SOURCE.—The Secretary of Agriculture 

17 shall use the Sustainable Agriculture Trust Fund, in such 

18 amounts as provided in advance in appropriation Acts, to 

19 make grants under this section. 

20 SEC. 5. POSITION OF THE UNITED STATES IN THE INTER21 NATIONAL FINANCIAL INSTITUTIONS RE22 GARDING GENETICALLY ENGINEERED ANI23 MALS, PLANTS, AND SEEDS. 

24 The Secretary of the Treasury shall instruct the 

25 United States Executive Director at each international fiVerDate Aug 31 2005 20:31 May 06, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5270.IH H5270

cchase on PROD1PC60 with BILLS
8 

•HR 5270 IH

1 nancial institution (as defined in section 1701(c)(2) of the 

2 International Financial Institutions Act) to make no effort 

3 to encourage the institution to prohibit any country eligi4 ble for assistance under the Heavily Indebted Poor Coun5 tries (HIPC) Initiative of the International Bank for Re6 construction and Development from requiring compulsory 

7 licensing with respect to any genetically engineered ani8 mal, genetically engineered plant, or genetically engi9 neered seed. 

10 SEC. 6. TAX ON BIOTECH COMPANIES TO HELP FUND SUS11 TAINABLE AGRICULTURE RESEARCH. 

12 (a) SPECIAL TAX.— 

13 (1) TAX IMPOSED.—Subchapter A of chapter 1 

14 of the Internal Revenue Code of 1986 is amended by 

15 adding at the end the following new part: 

16 ‘‘PART VIII—TAX ON GENETIC ENGINEERING 

17 BUSINESSES 

‘‘Sec. 59B. Imposition of tax. 

18 ‘‘SEC. 59B. IMPOSITION OF TAX. 

19 ‘‘(a) TAX IMPOSED.—In the case of a corporation, 

20 there is hereby imposed (in addition to any other tax im21 posed by this subtitle) a tax equal to 1 percent of the gross 

22 income of such business for the taxable year which is at23 tributable (directly or indirectly) to— 


cchase on PROD1PC60 with BILLS
9 

•HR 5270 IH

1 ‘‘(1) the marketing in the United States of any 

2 genetically engineered organism, or 

3 ‘‘(2) the holding of a patent on any such an or4 ganism. 

5 ‘‘(b) DEFINITION.—In this section, the term ‘geneti6 cally engineered organism’ means— 

7 ‘‘(1) an organism that has been altered at the 

8 molecular or cellular level by means that are not 

9 possible under natural conditions or processes (in10 cluding but not limited to recombinant DNA and 

11 RNA techniques, cell fusion, microencapsulation, 

12 macroencapsulation, gene deletion and doubling, in13 troducing a foreign gene, and changing the positions 

14 of genes), other than a means consisting exclusively 

15 of breeding, conjugation, fermentation, hybridiza16 tion, in vitro fertilization, tissue culture, or 

17 mutagenesis; and 

18 ‘‘(2) an organism made through sexual or asex19 ual reproduction (or both) involving an organism de20 scribed in subparagraph (A), if possessing any of the 

21 altered molecular or cellular characteristics of the 

22 organism so described.’’. 

23 (2) CLERICAL AMENDMENT.—The table of 

24 parts for such subchapter A is amended by adding 

25 at the end the following new item: 

‘‘PART VIII. TAX ON GENETIC ENGINEERING BUSINESSES’’. 


cchase on PROD1PC60 with BILLS
10 

•HR 5270 IH

1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to taxable years begin3 ning after the date of the enactment of this Act. 

4 (b) SUSTAINABLE AGRICULTURE TRUST FUND.— 

5 (1) CREATION AND FUNDING SOURCE.—Sub6 chapter A of chapter 98 of the Internal Revenue 

7 Code of 1986 (relating to trust fund code) is amend8 ed by adding at the end the following new section: 

9 ‘‘SEC. 9511. SUSTAINABLE AGRICULTURE TRUST FUND. 

10 ‘‘(a) CREATION OF TRUST FUND.—There is estab11 lished in the Treasury of the United States a trust fund 

12 to be known as the ‘Sustainable Agriculture Trust Fund’, 

13 consisting of such amounts as may be appropriated or 

14 credited to the Sustainable Agriculture Trust Fund as 

15 provided in this section or section 9602(b). 

16 ‘‘(b) TRANSFER TO TRUST FUND OF CERTAIN

17 TAXES.—There is hereby appropriated to the Sustainable 

18 Agriculture Trust Fund amounts equivalent to the taxes 

19 received in the Treasury under section 59B. 

20 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 

21 in the Sustainable Agriculture Trust Fund shall be avail22 able, as provided in appropriation Acts, only for grants 

23 under sections 3 and 4 of the Real Solutions to World 

24 Hunger Act of 2005.’’. 


cchase on PROD1PC60 with BILLS
11 

•HR 5270 IH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions for such subchapter A is amended by adding 

3 at the end the following new item: 

‘‘Sec. 9511. Sustainable Agriculture Trust Fund’’. 

Æ 


cchase on PROD1PC60 with BILLS