,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #aic  ,,in ,,the ,,house ,,of   
,,representatives  ,january #d1 #bjac   
,ms4 ,kaptur introduced the following   
bill2 which was referred to the         
,committee on ,agriculture1 and in      
addition to the ,committee on ,ways and 
,means1 for a period to be subsequently 
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,a ,,bill  ,to     
require persons who seek to retain seed 
harvested from the planting of patented 
seeds to register with the ,secretary of
 ,agriculture and pay fees set by the   
,secretary for retaining such seed1 and 
for other purposes4  #a4 ,short ,title  
,this ,act may be cited as the ,seed    
,availability and ,competition ,act of  
#bjac4  #b4 ,retaining ,patented ,seed  
7a7 ,registration ,any person who plants
 patented seed or seed derived from     
patented seed may retain seed from the  
harvest of the planted seed for         

replanting by that person if that       
person--  7#a7 submits to the ,secretary
 of ,agriculture notice1 in such form as
 the ,secretary may require1 of the type
 and quantity of seed to be retained and
 any other information the ,secretary   
determines to be appropriate2 and  7#b7 
pays the fee established by the         
,secretary pursuant to subsection 7b7   
for the type and quantity of seed       
retained4  7b7 ,fees ,the ,secretary of 
,agriculture shall establish a fee to be
 paid by a person pursuant to subsection
 7a77#b7 based on the type and quantity 
of seed retained4 ,the ,secretary shall 
deposit amounts collected pursuant to   
subsection 7a77#b7 in the ,patented     
,seed ,fund established under subsection
 7e77#a74  7c7 ,refunds ,the ,secretary 
of ,agriculture may refund or make an   
adjustment of the fee paid pursuant to  
subsection 7a77#b7 when the person is   
unable to plant or harvest the retained 
seed as a result of a natural disaster  
or related condition and under such     

other circumstances as the ,secretary   
considers such refund or adjustment     
appropriate4  7d7 ,distributions ,the   
,secretary of ,agriculture shall pay the
 collected fees to the appropriate      
patent holders1 at a frequency that the 
,secretary determines is appropriate1   
from the ,patented ,seed ,fund          
established under subsection 7e77#a71   
taking into consideration the           
possibility of refunds pursuant to      
subsection 7c74  7e7 ,patented ,seed    
,fund  7#a7 ,establishment ,there is    
established in the ,treasury of the     
,united ,states a fund to be known as   
the ,patented ,seed ,fund1 consisting of
 such amounts as may be received by the 
,secretary and deposited into such ,fund
 as provided in this section4  7#b7     
,administration ,the ,fund shall be     
administered by the ,secretary of       
,agriculture and all moneys in the ,fund
 shall be distributed solely by the     
,secretary in accordance with this      
section and shall not be distributed or 

appropriated for any other purpose4     
,amounts in the ,fund are available     
without further appropriation and until 
expended to make payments to patent     
holders4  7f7 ,inapplicability of       
contracts and patent fees ,a person who 
retains seed under subsection 7a7 from  
the harvest of patented seed or seed    
derived from patented seed shall not be 
bound by any contractual limitation on  
retaining such seed1 or by any          
requirement to pay royalties or         
licensing or other fees1 by reason of   
the patent1 for retaining such seed4    
7g7 ,definition ,in this section1 the   
term patented seed means seed for which 
a person holds a valid patent4  #c4     
,tariff on certain imported products    
7a7 ,tariff ,in any case in which--     
7#a7 genetically modified seed on which 
royalties or licensing or other fees are
 charged by the owner of a patent on    
such seed to persons purchasing the seed
 in the ,united ,states is exported1 and
  7#b7 no such fees1 or a lesser amount 

of such fees1 are charged to purchasers 
of the exported seed in a foreign       
country1  then there shall be imposed on
 any product of the exported seed from  
that foreign country that enters the    
customs territory of the ,united ,states
 a duty determined by the ,secretary of 
the ,treasury1 in addition to any duty  
that otherwise applies1 in an amount    
that recovers the difference between the
 fees paid by purchasers of the seed in 
the ,united ,states and purchasers of   
the exported seed in that country4  7b7 
,deposit of duties ,there shall be      
deposited in the ,patented ,seed ,fund  
established under section #b7;e77#a7 the
 amount of all duties collected under   
subsection 7a7 for distribution to the  
appropriate patent holders in accordance
 with section #b7;d74  7c7 ,definitions 
,in this section--  7#a7 the term       
genetically modified seed means any seed
 that contains a genetically modified   
material1 was produced with a           
genetically modified material1 or is    

descended from a seed that contained a  
genetically modified material or was    
produced with a genetically modified    
material2 and  7#b7 the term genetically
 modified material means material that  
has been altered at the molecular or    
cellular level by means that are not    
possible under natural conditions or    
processes 7including recombinant ,,dna  
and ,,rna techniques1 cell fusion1      
microencapsulation1 macroencapsulation1 
gene deletion and doubling1 introducing 
a foreign gene1 and changing the        
positions of genes71 other than a means 
consisting exclusively of breeding1     
conjugation1 fermentation1              
hybridization1 in vitro fertilization1  
tissue culture1 or mutagenesis4