I
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. VELA´ZQUEZ, 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 re-
ferred 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 actu-
ally help developing countries and peoples while pro-
tecting human health and the environment, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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. 2. Definitions.
Sec. 3. Ensuring safety and mitigating ecological impacts of United States ex-
ports 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 en-
gineered foods do not constitute obstacles to the ces-
sation of world hunger.
(2) The dominant causes of world hunger are
not technological in nature, but rooted in basic so-
cial-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 engi-
neered 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 na-
tion agriculture and consumers. Developing coun-
tries cannot afford this technology and therefore are
vastly ignored.
(5) Agroecological interventions have had sig-
nificant success in helping developing nations feed
themselves with higher yields and improved environ-
mental practices, all within reasonable costs for de-
veloping 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 appro-
priate.
SEC. 2. DEFINITIONS.
In this Act:
(1) GENETICALLY ENGINEERED ANIMAL.—The
term ‘‘genetically engineered animal’’ means an ani-
mal that contains a genetically engineered material
or was produced with a genetically engineered mate-
rial. An animal shall be considered to contain a ge-
netically engineered material or to have been pro-
duced 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 en-
gineered material if the plant has been injected or
otherwise treated with a genetically engineered mate-
rial (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 ma-
terial).
(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 in-
jected or otherwise treated with a genetically engi-
neered 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 recom-
binant DNA and RNA techniques, cell fusion, micro-
encapsulation, macroencapsulation, gene deletion
and doubling, introducing a foreign gene, and chang-
ing the positions of genes), other than a means con-
sisting exclusively of breeding, conjugation, fer-
mentation, hybridization, in vitro fertilization or tis-
sue culture or mutagenesis.
(5) BIOTECH
COMPANY.—The term ‘‘biotech
company’’ means a person engaged in the business
of creating genetically engineered material and ob-
taining 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 trans-
port 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 ulti-
mate purchaser to produce an agricultural commodity if—
(1) the genetically engineered animal, geneti-
cally engineered plant, or genetically engineered
seed—
(A) was denied a Federal approval nec-
essary 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, ge-
netically engineered plant, or genetically engineered
seed have been mitigated to the satisfaction of the
foreign government.
SEC. 4. PROMOTION OF INTERNATIONAL RESEARCH RE-
GARDING 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 pro-
moting the development of sustainable agriculture tech-
niques that rely on minimum artificial inputs to meet the
food and fiber needs of developing countries. Eligible sus-
tainable 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 award-
ed.
(c) DESIGNATED INSTITUTIONS.—The Secretary of
Health and Human Services shall designate the inter-
national research institutions eligible to apply for a grant
under this section. The designated institutions shall in-
clude the United Nations Food and Agriculture Organiza-
tion and the Consultative Group on International Agricul-
tural 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 INTER-
NATIONAL 
FINANCIAL 
INSTITUTIONS 
RE-
GARDING GENETICALLY ENGINEERED ANI-
MALS, PLANTS, AND SEEDS.
The Secretary of the Treasury shall instruct the
United States Executive Director at each international fi-
nancial 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 eligi-
ble for assistance under the Heavily Indebted Poor Coun-
tries (HIPC) Initiative of the International Bank for Re-
construction and Development from requiring compulsory
licensing with respect to any genetically engineered ani-
mal, genetically engineered plant, or genetically engi-
neered seed.
SEC. 6. TAX ON BIOTECH COMPANIES TO HELP FUND SUS-
TAINABLE AGRICULTURE RESEARCH.
(a) SPECIAL TAX.—
(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 im-
posed by this subtitle) a tax equal to 1 percent of the gross
income of such business for the taxable year which is at-
tributable (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 or-
ganism.
‘‘(b) DEFINITION.—In this section, the term ‘geneti-
cally 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 (in-
cluding but not limited to recombinant DNA and
RNA techniques, cell fusion, microencapsulation,
macroencapsulation, gene deletion and doubling, in-
troducing a foreign gene, and changing the positions
of genes), other than a means consisting exclusively
of breeding, conjugation, fermentation, hybridiza-
tion, in vitro fertilization, tissue culture, or
mutagenesis; and
‘‘(2) an organism made through sexual or asex-
ual reproduction (or both) involving an organism de-
scribed 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 begin-
ning after the date of the enactment of this Act.
(b) SUSTAINABLE AGRICULTURE TRUST FUND.—
(1) CREATION
AND
FUNDING
SOURCE.—Sub-
chapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amend-
ed by adding at the end the following new section:
‘‘SEC. 9511. SUSTAINABLE AGRICULTURE TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished 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 avail-
able, 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 sec-
tions for such subchapter A is amended by adding
at the end the following new item:
‘‘Sec. 9511. Sustainable Agriculture Trust Fund.’’
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