II 

112TH CONGRESS 

1ST SESSION S. 1295 

To amend the Trade Act of 1974 to create a Citrus Disease Research 

and Development Trust Fund to support research on diseases impacting 

the citrus industry, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. NELSON of Florida (for himself, Mrs. FEINSTEIN, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Trade Act of 1974 to create a Citrus Disease 

Research and Development Trust Fund to support research on diseases impacting the citrus industry, 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. 

4 This Act may be cited as the ‘‘Citrus Disease Re5 search and Development Trust Fund Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) duties collected on imports of citrus and cit2 rus products have ranged from $50,000,000 to 

3 $87,000,000 annually since 2004, and are projected 

4 to increase, as United States production declines due 

5 to the effects of huanglongbing (also known as 

6 ‘‘HLB’’ or ‘‘citrus greening disease’’) and imports 

7 increase in response to the shortfall in the United 

8 States; 

9 (2) in cases involving other similarly situated 

10 agricultural commodities, notably wool, the Federal 

11 Government has chosen to divert a portion of the 

12 tariff revenue collected on imported products to sup13 port efforts of the domestic industry to address chal14 lenges facing the industry; 

15 (3) citrus and citrus products are a highly nu16 tritious and healthy part of a balanced diet; 

17 (4) citrus production is an important part of 

18 the agricultural economy in Florida, California, Ari19 zona, and Texas; 

20 (5) in the most recent years preceding the date 

21 of enactment of this Act, citrus fruits have been pro22 duced on 900,000 acres, yielding 11,000,000 tons of 

23 citrus products with a value at the farm of more 

24 than $3,200,000,000; 


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1 (6) the commercial citrus sector employs ap2 proximately 110,000 people and contributes approxi3 mately $13,500,000,000 to the United States econ4 omy; 

5 (7) the United States citrus industry has suf6 fered billions of dollars in damage from disease and 

7 pests, both domestic and invasive, over the decade 

8 preceding the date of enactment of this Act, particu9 larly from huanglongbing; 

10 (8) huanglongbing threatens the entire United 

11 States citrus industry because the disease kills citrus 

12 trees; 

13 (9) as of the date of enactment of this Act, 

14 there are no cost effective or environmentally sound 

15 treatments available to suppress or eradicate 

16 huanglongbing; 

17 (10) United States citrus producers working 

18 with Federal and State governments have devoted 

19 tens of millions of dollars toward research and ef20 forts to combat huanglongbing and other diseases 

21 and pests, but more funding is needed to develop 

22 and commercialize disease and pest solutions; 

23 (11) although imports constitute an increasing 

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1 rus products into the United States do not directly 

2 fund production research in the United States; 

3 (12) disease and pest suppression technologies 

4 require determinations of safety and solutions must 

5 be commercialized before use by citrus producers; 

6 (13) the complex processes involved in discovery 

7 and commercialization of safe and effective pest and 

8 disease suppression technologies are expensive and 

9 lengthy and the need for the technologies is urgent; 

10 and 

11 (14) research to develop solutions to suppress 

12 huanglongbing, or other domestic and invasive pests 

13 and diseases will benefit all citrus producers and 

14 consumers around the world. 

15 (b) PURPOSES.—The purposes of this Act are— 

16 (1) to authorize the establishment of a trust 

17 funded by certain tariff revenues to support sci18 entific research, technical assistance, and develop19 ment activities to combat citrus diseases and pests, 

20 both domestic and invasive, harming the United 

21 States; and 

22 (2) to require the President to notify the chair23 person and ranking member of the Committee on 

24 Finance of the Senate and the Committee on Ways 

25 and Means of the House of Representatives before 


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1 entering into any trade agreement that would de2 crease the amount of duties collected on imports of 

3 citrus products to less than the amount necessary to 

4 provide the grants authorized by section 1001(d) of 

5 the Trade Act of 1974, as added by section 3(a) of 

6 this Act. 

7 (c) EFFECT ON OTHER ACTIVITIES.—Nothing in this 

8 Act restricts the use of any funds for scientific research 

9 and technical activities in the United States. 

10 SEC. 3. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

11 TRUST FUND. 

12 (a) IN GENERAL.—The Trade Act of 1974 (19 

13 U.S.C. 2102 et seq.) is amended by adding at the end 

14 the following: 

15 ‘‘TITLE X—CITRUS DISEASE RE16 SEARCH AND DEVELOPMENT 

17 TRUST FUND 

18 ‘‘SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOP19 MENT TRUST FUND. 

20 ‘‘(a) ESTABLISHMENT.—There is established in the 

21 Treasury of the United States a trust fund to be known 

22 as the ‘Citrus Disease Research and Development Trust 

23 Fund’ (in this section referred to as the ‘Trust Fund’), 

24 consisting of such amounts as may be transferred to the 

25 Trust Fund under subsection (b)(1) and any amounts that 


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1 may be credited to the Trust Fund under subsection 

2 (d)(2). 

3 ‘‘(b) TRANSFER OF AMOUNTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 the Secretary of the Treasury shall transfer to the 

6 Trust Fund amounts that are attributable to the du7 ties collected on articles that are citrus or citrus 

8 products classifiable under chapters 8, 20, 21, 22, 

9 and 33 of the Harmonized Tariff Schedule of the 

10 United States. 

11 ‘‘(2) LIMITATION.—The amount transferred to 

12 the Trust Fund under paragraph (1) in any fiscal 

13 year may not exceed the lesser of— 

‘‘(A) an amount equal to 1 14 ⁄3 of the amount 

15 attributable to the duties received on articles 

16 described in paragraph (1); or 

17 ‘‘(B) $30,000,000. 

18 ‘‘(c) AVAILABILITY OF AMOUNTS IN TRUST FUND.— 

19 ‘‘(1) AMOUNTS AVAILABLE UNTIL EX20 PENDED.—Amounts in the Trust Fund shall remain 

21 available until expended without further appropria22 tion. 

23 ‘‘(2) AVAILABILITY FOR CITRUS DISEASE RE24 SEARCH AND DEVELOPMENT EXPENDITURES.— 


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1 Amounts in the Trust Fund shall be available to the 

2 Secretary of Agriculture— 

3 ‘‘(A) for expenditures relating to citrus dis4 ease research and development under section 4 

5 of the Citrus Disease Research and Develop6 ment Trust Fund Act of 2011, including costs 

7 relating to contracts or other agreements en8 tered into to carry out citrus disease research 

9 and development; and 

10 ‘‘(B) to cover administrative costs incurred 

11 by the Secretary in carrying out the provisions 

12 of that Act. 

13 ‘‘(d) INVESTMENT OF TRUST FUND.— 

14 ‘‘(1) IN GENERAL.—The Secretary of the 

15 Treasury shall invest such portion of the Trust 

16 Fund as is not required to meet current withdrawals 

17 in interest-bearing obligations of the United States 

18 or in obligations guaranteed as to both principal and 

19 interest by the United States. Such obligations may 

20 be acquired on original issue at the issue price or by 

21 purchase of outstanding obligations at the market 

22 price. Any obligation acquired by the Trust Fund 

23 may be sold by the Secretary of the Treasury at the 

24 market price. 


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1 ‘‘(2) INTEREST AND PROCEEDS FROM SALE OR

2 REDEMPTION OF OBLIGATIONS.—The interest on, 

3 and the proceeds from the sale or redemption of, any 

4 obligations held in the Trust Fund shall be credited 

5 to and form a part of the Trust Fund. 

6 ‘‘(e) REPORTS TO CONGRESS.—Not later than Janu7 ary 15, 2013, and each year thereafter until the year after 

8 the termination of the Trust Fund, the Secretary of the 

9 Treasury, in consultation with the Secretary of Agri10 culture, shall submit to Congress a report on the financial 

11 condition and the results of the operations of the Trust 

12 Fund that includes— 

13 ‘‘(1) a detailed description of the amounts dis14 bursed from the Trust Fund in the preceding fiscal 

15 year and the manner in which those amounts were 

16 expended; 

17 ‘‘(2) an assessment of the financial condition 

18 and the operations of the Trust Fund for the cur19 rent fiscal year; and 

20 ‘‘(3) an assessment of the amounts available in 

21 the Trust Fund for future expenditures. 

22 ‘‘(f) REMISSION OF SURPLUS FUNDS.—The Sec23 retary of the Treasury may remit to the general fund of 

24 the Treasury such amounts as the Secretary of Agri25 culture reports to be in excess of the amounts necessary 


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1 to meet the purposes of the Citrus Disease Research and 

2 Development Trust Fund Act of 2011. 

3 ‘‘(g) SUNSET PROVISION.—The Trust Fund shall ter4 minate on December 31 of the fifth calendar year that 

5 begins after the date of the enactment of the Citrus Dis6 ease Research and Development Trust Fund Act of 2011 

7 and all amounts in the Trust Fund on December 31 of 

8 that fifth calendar year shall be transferred to the general 

9 fund of the Treasury. 

10 ‘‘SEC. 1002. REPORTS REQUIRED BEFORE ENTERING INTO 

11 CERTAIN TRADE AGREEMENTS. 

12 ‘‘The President shall notify the chairperson and rank13 ing member of the Committee on Finance of the Senate 

14 and the Committee on Ways and Means of the House of 

15 Representatives not later than 90 days before entering 

16 into a trade agreement if the President determines that 

17 entering into the trade agreement could result— 

18 ‘‘(1) in a decrease in the amount of duties col19 lected on articles that are citrus or citrus products 

20 classifiable under chapters 8, 20, 21, 22, and 33 of 

21 the Harmonized Tariff Schedule of the United 

22 States; and 

23 ‘‘(2) in a decrease in the amount of funds being 

24 transferred into the Citrus Disease Research and 

25 Development Trust Fund under section 1001 so that 


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1 amounts available in the Trust Fund are insufficient 

2 to meet the purposes of the Citrus Disease Research 

3 and Development Trust Fund Act of 2011.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Trade Act of 1974 is amended by adding at the 

6 end the following: 

‘‘TITLE X—CITRUS DISEASE RESEARCH AND DEVELOPMENT 

TRUST FUND 

‘‘Sec. 1001. Citrus Disease Research and Development Trust Fund. 

‘‘Sec. 1002. Reports required before entering into certain trade agreements.’’. 

7 SEC. 4. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

8 TRUST FUND ADVISORY BOARD. 

9 (a) PURPOSE.—The purpose of this section is to es10 tablish an orderly procedure and financing mechanism for 

11 the development of an effective and coordinated program 

12 of research and product development relating to— 

13 (1) scientific research concerning diseases and 

14 pests, both domestic and invasive, afflicting the cit15 rus industry; and 

16 (2) support for the dissemination and commer17 cialization of relevant information, techniques, and 

18 technologies discovered pursuant to research funded 

19 through the Citrus Disease Research and Develop20 ment Trust Fund established under section 1001 of 

21 the Trade Act of 1974, as added by section 3(a) of 

22 this Act, or through other research projects intended 


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1 to solve problems caused by citrus production dis2 eases and invasive pests. 

3 (b) DEFINITIONS.—In this section: 

4 (1) BOARD.—The term ‘‘Board’’ means the Cit5 rus Disease Research and Development Trust Fund 

6 Advisory Board established under this section. 

7 (2) CITRUS.— 

8 (A) IN GENERAL.—The term ‘‘citrus’’ 

9 means edible fruit of the family Rutaceae, com10 monly called ‘‘citrus’’. 

11 (B) INCLUSION.—The term ‘‘citrus’’ in12 cludes all citrus hybrids and products of citrus 

13 hybrids that are produced for commercial pur14 poses in the United States. 

15 (3) DEPARTMENT.—The term ‘‘Department’’ 

16 means the Department of Agriculture. 

17 (4) PERSON.—The term ‘‘person’’ means any 

18 individual, group of individuals, firm, partnership, 

19 corporation, joint stock company, association, coop20 erative, or other legal entity. 

21 (5) PRODUCER.—The term ‘‘producer’’ means 

22 any person that is engaged in the domestic produc23 tion and commercial sale of citrus in the United 

24 States. 


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1 (6) PROGRAM.—The term ‘‘program’’ means 

2 the citrus research and development program au3 thorized under this section. 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 (8) TRUST FUND.—The term ‘‘Trust Fund’’ 

7 means the Citrus Disease Research and Develop8 ment Trust Fund established under section 1001 of 

9 the Trade Act of 1974, as added by section 3(a) of 

10 this Act. 

11 (c) IMPLEMENTATION.— 

12 (1) REGULATIONS.—Not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary shall promulgate regulations to carry out this 

15 section. 

16 (2) CITRUS ADVISORY BOARD.— 

17 (A) ESTABLISHMENT AND MEMBERSHIP.— 

18 (i) ESTABLISHMENT.—The Citrus 

19 Disease Research and Development Trust 

20 Fund Advisory Board shall consist of 9 

21 members. 

22 (ii) MEMBERSHIP.—The members of 

23 the Board shall be appointed by the Sec24 retary. 


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1 (iii) STATUS.—Members of the Board 

2 represent the interests of the citrus indus3 try and shall not be considered officers or 

4 employees of the Federal Government sole5 ly due to membership on the Board. 

6 (B) DISTRIBUTION OF APPOINTMENTS.— 

7 The membership of the Board shall consist of— 

8 (i) 5 members who are domestic pro9 ducers of citrus in Florida; 

10 (ii) 3 members who are domestic pro11 ducers of citrus in Arizona or California; 

12 and 

13 (iii) 1 member who is a domestic pro14 ducer of citrus in Texas. 

15 (C) CONSULTATION.—Prior to making ap16 pointments to the Board, the Secretary shall 

17 consult with organizations composed primarily 

18 of citrus producers to receive advice and rec19 ommendations regarding Board membership. 

20 (D) BOARD VACANCIES.— 

21 (i) IN GENERAL.—The Secretary shall 

22 appoint a new Board member to serve the 

23 remainder of a term vacated by a depart24 ing Board member. 


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1 (ii) REQUIREMENTS.—When filling a 

2 vacancy on the Board, the Secretary 

3 shall— 

4 (I) appoint a citrus producer 

5 from the same State as the Board 

6 member being replaced; and 

7 (II) prior to making an appoint8 ment, consult with organizations in 

9 that State composed primarily of cit10 rus producers to receive advice and 

11 recommendations regarding the va12 cancy. 

13 (E) TERMS.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), each term of appointment to 

16 the Board shall be for 5 years. 

17 (ii) INITIAL APPOINTMENTS.—In 

18 making initial appointments to the Board, 

the Secretary shall appoint 1 19 ⁄3 of the mem20 bers to terms of 1, 3, and 5 years, respec21 tively. 

22 (F) DISQUALIFICATION FROM BOARD

23 SERVICE.—If a member or alternate of the 

24 Board who was appointed as a domestic pro25 ducer ceases to be a producer in the State from 


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1 which the member was appointed, or fails to 

2 fulfill the duties of the member according to the 

3 rules established by the Board under paragraph 

4 (4)(A)(ii), the member or alternate shall be dis5 qualified from serving on the Board. 

6 (G) COMPENSATION.— 

7 (i) IN GENERAL.—The members of 

8 the Board shall serve without compensa9 tion, other than travel expenses described 

10 in clause (ii). 

11 (ii) TRAVEL EXPENSES.—A member 

12 of the Board shall be allowed travel ex13 penses, including per diem in lieu of sub14 sistence, at rates authorized for an em15 ployee of an agency under subchapter I of 

16 chapter 57 of title 5, United States Code, 

17 while away from the home or regular place 

18 of business of the member in the perform19 ance of the duties of the Board. 

20 (3) POWERS.— 

21 (A) GIFTS.—The Board may accept, use, 

22 and dispose of gifts or donations of services or 

23 property. 

24 (B) POSTAL SERVICES.—The Board may 

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1 ner and under the same conditions as other 

2 agencies of the Federal Government. 

3 (C) VOLUNTEER SERVICES.—Notwith4 standing section 1342 of title 31, United States 

5 Code, the Board may accept and use the serv6 ices of volunteers serving without compensation. 

7 (D) TECHNICAL AND LOGISTICAL SUP8 PORT.—Subject to the availability of funds, the 

9 Secretary shall provide to the Board technical 

10 and logistical support through contract or other 

11 means, including— 

12 (i) procuring the services of experts 

13 and consultants in accordance with section 

14 3109(b) of title 5, United States Code, but 

15 at rates for individuals not to exceed the 

16 daily equivalent of the highest rate payable 

17 under section 5332 of that title; and 

18 (ii) entering into contracts with de19 partments, agencies, and instrumentalities 

20 of the Federal Government, State agencies, 

21 and private entities for the preparation of 

22 reports, surveys, and other activities. 

23 (E) DETAIL OF FEDERAL GOVERNMENT

24 EMPLOYEES.— 


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1 (i) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Commission on a reimbursable or nonreim4 bursable basis. 

5 (ii) CIVIL SERVICE STATUS.—The de6 tail of the employee shall be without inter7 ruption or loss of civil service status or 

8 privilege. 

9 (F) GENERAL SERVICES ADMINISTRA10 TION.—The Administrator of General Services 

11 shall provide to the Board on a reimbursable 

12 basis administrative support and other services 

13 for the performance of the duties of the Board. 

14 (G) OTHER DEPARTMENTS AND AGEN15 CIES.—Departments and agencies of the United 

16 States may provide to the Board such services, 

17 funds, facilities, staff, and other support serv18 ices as may be appropriate. 

19 (4) GENERAL RESPONSIBILITIES OF THE

20 BOARD.— 

21 (A) IN GENERAL.—The regulations pro22 mulgated by the Secretary shall define the gen23 eral responsibilities of the Board, which shall 

24 include the responsibilities— 


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1 (i) to meet, organize, and select from 

2 among the members of the Board a chair3 person, other officers, and committees and 

4 subcommittees, as the Board determines to 

5 be appropriate; 

6 (ii) to adopt and amend rules and reg7 ulations governing the conduct of the ac8 tivities of the Board and the performance 

9 of the duties of the Board; 

10 (iii) to hire such experts and consult11 ants as the Board considers necessary to 

12 enable the Board to perform the duties of 

13 the Board; 

14 (iv) to advise the Secretary on citrus 

15 research and development needs; 

16 (v) to propose a research and develop17 ment agenda and annual budgets for the 

18 Trust Fund; 

19 (vi) to evaluate and review ongoing re20 search funded by Trust Fund; 

21 (vii) to engage in regular consultation 

22 and collaboration with the Department and 

23 other institutional, governmental, and pri24 vate actors conducting scientific research 

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1 eases and pests, both domestic and 

2 invasive, so as to— 

3 (I) maximize the effectiveness of 

4 the activities; 

5 (II) hasten the development of 

6 useful treatments; and 

7 (III) avoid duplicative and waste8 ful expenditures; and 

9 (viii) to provide the Secretary with 

10 such information and advice as the Sec11 retary may request. 

12 (5) CITRUS RESEARCH AND DEVELOPMENT

13 AGENDA AND BUDGETS.— 

14 (A) IN GENERAL.—The Board shall submit 

15 annually to the Secretary a proposed research 

16 and development agenda and budget for the 

17 Trust Fund, which shall include— 

18 (i) an evaluation of ongoing research 

19 and development efforts; 

20 (ii) specific recommendations for new 

21 citrus research projects; 

22 (iii) a plan for the dissemination and 

23 commercialization of relevant information, 

24 techniques, and technologies discovered 


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1 pursuant to research funded through the 

2 Trust Fund; and 

3 (iv) a justification for Trust Fund ex4 penditures. 

5 (B) AFFIRMATIVE SUPPORT REQUIRED.— 

6 A research and development agenda and budget 

7 may not be submitted by the Board to the Sec8 retary without the affirmative support of at 

9 least 7 members of the Board. 

10 (C) SECRETARIAL APPROVAL.— 

11 (i) IN GENERAL.—Not later than 60 

12 days after receiving the proposed research 

13 and development agenda and budget from 

14 the Board and consulting with the Board, 

15 the Secretary shall finalize a citrus re16 search and development agenda and Trust 

17 Fund budget. 

18 (ii) CONSIDERATIONS.—In finalizing 

19 the agenda and budget, the Secretary 

20 shall— 

21 (I) due to the proximity of citrus 

22 producers to the effects of diseases 

23 such as huanglongbing and the quick24 ly evolving nature of scientific under25 standing of the effect of the diseases 


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1 on citrus production, give strong def2 erence to the proposed research and 

3 development agenda and budget from 

4 the Board; and 

5 (II) take into account other pub6 lic and private citrus-related research 

7 and development projects and fund8 ing. 

9 (D) REPORT TO CONGRESS.—Each year, 

10 the Secretary shall submit to the Committee on 

11 Agriculture and the Committee on Ways and 

12 Means of the House of Representatives and the 

13 Committee on Agriculture, Nutrition, and For14 estry and the Committee on Finance of the 

15 Senate a report that includes— 

16 (i) the most recent citrus research and 

17 development agenda and budget of the 

18 Secretary; 

19 (ii) an analysis of how, why, and to 

20 what extent the agenda and budget final21 ized by the Secretary differs from the pro22 posal of the Board; 

23 (iii) an examination of new develop24 ments in the spread and control of citrus 

25 diseases and pests; 


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1 (iv) a discussion of projected research 

2 needs; and 

3 (v) a review of the effectiveness of the 

4 Trust Fund in achieving the purpose de5 scribed in subsection (a). 

6 (6) CONTRACTS AND AGREEMENTS.—To ensure 

7 the efficient use of funds, the Secretary may enter 

8 into contracts or agreements with public or private 

9 entities for the implementation of a plan or project 

10 for citrus research. 

11 (d) ADMINISTRATIVE COSTS.—Each fiscal year, the 

12 Secretary may transfer up to $2,000,000 of amounts in 

13 the Trust Fund to the Board for expenses incurred by the 

14 Board in carrying out the duties of the Board. 

15 (e) TERMINATION OF BOARD.—The Board shall ter16 minate on December 31 of the fifth calendar year that 

17 begins after the date of enactment of this Act. 

Æ 


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