commenced and is diligently prosecuting a civil or 
criminal action in a district court of the United 
States to enforce compliance with the applicable pro-
visions referred to in the complaint. 
(d) RIGHT OF SECRETARY TO INTERVENE.—In any 
civil action under subsection (a)(1), the Secretary , if not 
a party, may intervene as a matter of right. 
(e) AWARD OF COSTS; FILING OF BOND.—In a civil 
action under subsection (a), the district court involved 
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to any party whenever the 
court determines such an award is appropriate. The court 
may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equiva-
lent security in accordance with the Federal Rules of Civil 
Procedure. 
(f) SAVINGS PROVISION.—This section does not re-
strict any right that a person (or class of persons) may 
have under any statute or common law to seek enforce-
ment of the provisions of this title, or to seek any other 
relief (including relief against the Secretary or the head 
of another Federal agency). 
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TITLE II—GENETICALLY ENGI-
NEERED ORGANISM LIABIL-
ITY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Genetically Engi-
neered Organism Liability Act of 2007’’. 
SEC. 202. FINDINGS. 
The Congress finds the following: 
(1) The negative consequences of genetically en-
gineered crops may impact farmers who grow these 
crops, neighbor farmers who do not grow these 
crops, and consumers. 
(2) Biotech companies are selling a technology 
that is being commercialized ahead of the new and 
unknown science of genetic engineering. 
(3) Farmers may suffer from crop failures, 
neighbor and nearby farmers may suffer from cross 
pollination, increased insect resistance, and un-
wanted volunteer genetically engineered plants, and 
consumers may suffer from health and environ-
mental impacts. 
(4) Therefore, biotech companies should be 
found liable for the failures of genetically engineered 
crops when they arise. 
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SEC. 203. LIABILITY. 
(a) CAUSE OF ACTION.—A biotech company is liable 
to any party injured by the release of a genetically engi-
neered organism into the environment if that injury re-
sults from that genetic engineering. The prevailing plain-
tiff in an action under this subsection may recover reason-
able attorney’s fees and other litigation expenses as a part 
of the costs. 
(b) INDEMNITY.—For the purposes of subsection (a), 
the term ‘‘injury’’ includes any liability of a person who 
uses that organism in accordance with applicable Federal 
and other law, if that liability arises from that use. 
(c) NOT WAIVABLE.—The liability created by sub-
section (a) may not be waived or otherwise avoided by con-
tract. 
(d) DEFINITION.—As used in this section, the term 
‘‘biotech company’’ means a person— 
(1) engaged in the business of genetically engi-
neering an organism; or 
(2) obtaining the patent rights to such an orga-
nism for the purposes of commercial exploitation of 
that organism. 
Æ 
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