HR 5271 IH
109th CONGRESS
2d Session
H. R. 5271
To assign liability for injury caused by genetically engineered organisms.
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 the Judiciary, and in addition to the Committee on Energy and Commerce, 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 assign liability for injury caused by genetically engineered organisms.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Genetically Engineered Organism Liability Act of 2005'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The negative consequences of genetically engineered 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 unwanted volunteer genetically engineered plants, and consumers may suffer from health and environmental impacts.
(4) Therefore, biotech companies should be found liable for the failures of genetically engineered crops when they arise.
SEC. 3. LIABILITY.
(a) Cause of Action- A biotech company is liable to any party injured by the release of a genetically engineered organism into the environment if that injury results from that genetic engineering. The prevailing plaintiff in an action under this subsection may recover reasonable 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 subsection (a) may not be waived or otherwise avoided by contract.
(d) Definition- As used in this section, the term `biotech company' means a person--
(1) engaged in the business of genetically engineering an organism; or
(2) obtaining the patent rights to such an organism for the purposes of commercial exploitation of that organism.
END