II 

112TH CONGRESS 

1ST SESSION S. 903 

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 

MAY 5, 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 

24 share of the United States market, importers of citVerDate Mar 15 2010 21:36 May 06, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S903.IS S903

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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 TO THE CITRUS DISEASE

24 RESEARCH AND DEVELOPMENT BOARD.—Amounts 

25 in the Trust Fund shall be available to the Citrus 


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1 Disease Research and Development Board estab2 lished under section 4 of the Citrus Disease Re3 search and Development Trust Fund Act of 2011 to 

4 meet the purposes of that Act. 

5 ‘‘(3) NOTIFICATION OF AMOUNTS TO BE WITH6 DRAWN.—For each fiscal year, the Secretary of Ag7 riculture shall notify the Secretary of the Treasury 

8 of the amount to be withdrawn from the Trust Fund 

9 for that fiscal year based on the budget for the Cit10 rus Disease Research and Development Board ap11 proved for that fiscal year under section 4(c)(4)(D) 

12 of the Citrus Disease Research and Development 

13 Trust Fund Act of 2011. 

14 ‘‘(d) INVESTMENT OF TRUST FUND.— 

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

16 Treasury shall invest such portion of the Trust 

17 Fund as is not required to meet current withdrawals 

18 in interest-bearing obligations of the United States 

19 or in obligations guaranteed as to both principal and 

20 interest by the United States. Such obligations may 

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

22 purchase of outstanding obligations at the market 

23 price. Any obligation acquired by the Trust Fund 

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

25 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, 2012, 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) the amount of funds made available to the 

14 Citrus Disease Research and Development Board 

15 under subsection (c) during the preceding fiscal year 

16 and a description of the ways in which the Board 

17 used those funds; and 

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

19 and the operations of the Trust Fund for the cur20 rent fiscal year. 

21 ‘‘(f) REMISSION OF SURPLUS FUNDS.—After receiv22 ing a report of the Citrus Disease Research and Develop23 ment Board under section 4(c)(4)(E) of the Citrus Dis24 ease Research and Development Trust Fund Act of 2011 

25 for a fiscal year, the Secretary of the Treasury may remit 


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1 to the general fund of the Treasury such amounts as the 

2 Board reported to be in excess of the amounts necessary 

3 to meet the purposes of the Citrus Disease Research and 

4 Development Trust Fund Act of 2011. 

5 ‘‘(g) SUNSET PROVISION.—The Trust Fund shall ter6 minate on December 31 of the fifth calendar year that 

7 begins after the date of the enactment of this Act and 

8 all amounts in the Trust Fund on December 31 of that 

9 fifth calendar year shall be transferred to the general fund 

10 of the Treasury. 

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

12 CERTAIN TRADE AGREEMENTS. 

13 ‘‘The President shall notify the chairperson and rank14 ing member of the Committee on Finance of the Senate 

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

16 Representatives not later than 90 days before entering 

17 into a trade agreement if the President determines that 

18 entering into the trade agreement could result— 

19 ‘‘(1) in a decrease in the amount of duties col20 lected on articles that are citrus or citrus products 

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

22 the Harmonized Tariff Schedule of the United 

23 States; and 

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

25 transferred into the Citrus Disease Research and 


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1 Development Trust Fund under section 1001 so that 

2 amounts available in the Trust Fund are insufficient 

3 to meet the purposes of the Citrus Disease Research 

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

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

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

7 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.’’. 

8 SEC. 4. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

9 BOARD. 

10 (a) PURPOSE.—The purpose of this section is to es11 tablish an orderly procedure for the development of an ef12 fective and coordinated program of research and product 

13 development relating to— 

14 (1) scientific research concerning diseases and 

15 pests, both domestic and invasive, afflicting the cit16 rus industry; and 

17 (2) support for the dissemination and commer18 cialization of relevant information, techniques, and 

19 technologies discovered pursuant to research funded 

20 through the Citrus Disease Research and Develop21 ment Trust Fund established under section 1001 of 

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

23 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 Board estab6 lished 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 BOARD.— 

17 (A) ESTABLISHMENT AND MEMBERSHIP.— 

18 (i) ESTABLISHMENT.—The Citrus 

19 Disease Research and Development Board 

20 shall consist of 9 members. 

21 (ii) MEMBERSHIP.—The members of 

22 the Board shall be appointed by the Sec23 retary from nominations submitted in ac24 cordance with this paragraph. 


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1 (B) DISTRIBUTION OF APPOINTMENTS.— 

2 The membership of the Board shall consist of— 

3 (i) 5 members who are domestic pro4 ducers of citrus in Florida; 

5 (ii) 3 members who are domestic pro6 ducers of citrus in Arizona or California; 

7 and 

8 (iii) 1 member who is a domestic pro9 ducer of citrus in Texas. 

10 (C) NOMINATION PROCESS.— 

11 (i) IN GENERAL.—Two nominees shall 

12 be submitted for each appointment to the 

13 Board. 

14 (ii) PROCESS.—Nominations for each 

15 appointment of a producer from a State 

16 identified in subparagraph (B) shall be 

17 made by the domestic producers in that 

18 State through a process that uses nomina19 tions from any organization— 

20 (I) the majority of the member21 ship of which is composed of citrus 

22 producers; and 

23 (II) that is in existence on the 

24 date of enactment of this Act. 


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1 (iii) FAILURE TO NOMINATE.—In any 

2 case in which producer organizations fail 

3 to nominate individuals for an appointment 

4 to the Board, the Secretary may appoint 

5 an individual to fill the vacancy on a basis 

6 provided in the regulations promulgated by 

7 the Secretary. 

8 (D) ALTERNATES.— 

9 (i) IN GENERAL.—Subject to clause 

10 (ii), the regulations promulgated by the 

11 Secretary shall provide for the selection of 

12 alternate members of the Board by the 

13 Secretary for the purpose of serving the re14 mainder of terms vacated by a departing 

15 Board member. 

16 (ii) REQUIREMENTS.—Regulations de17 scribed in clause (i) shall require that— 

18 (I) each alternate member is cho19 sen from nominations submitted by 

20 the organizations referred to in sub21 paragraph (C)(ii); and 

22 (II) each alternate member ap23 pointed by the Secretary is a citrus 

24 producer from the same State as the 

25 Board member being replaced. 


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1 (E) TERMS.— 

2 (i) IN GENERAL.—Except as provided 

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

4 the Board shall be for 5 years. 

5 (ii) INITIAL APPOINTMENTS.—In 

6 making initial appointments to the Board, 

the Secretary shall appoint 1 7 ⁄3 of the mem8 bers to terms of 1, 3, and 5 years, respec9 tively. 

10 (F) DISQUALIFICATION FROM BOARD

11 SERVICE.—If a member or alternate of the 

12 Board who was appointed as a domestic pro13 ducer ceases to be a producer in the State from 

14 which the member was appointed, or fails to 

15 fulfill the duties of the member according to the 

16 rules established by the Board under paragraph 

17 (3)(C), the member or alternate shall be dis18 qualified from serving on the Board. 

19 (G) MANNER OF FILLING VACANCY.—A 

20 vacancy arising as a result of disqualification or 

21 any other reason before the expiration of the 

22 term of office of an incumbent member or alter23 nate of the Board shall be filled in a manner 

24 provided in the regulations promulgated by the 

25 Secretary. 


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1 (H) COMPENSATION.— 

2 (i) IN GENERAL.—The members of 

3 the Board shall serve without compensa4 tion, but shall be reimbursed for the rea5 sonable expenses incurred in performing 

6 duties as members or alternates of the 

7 Board. 

8 (ii) LIMITATION.—Reimbursement de9 scribed in clause (i) may not exceed the 

10 amount that would be authorized under 

11 section 5703 of title 5, United States 

12 Code, for the payment of expenses and al13 lowances for individuals intermittently em14 ployed in Federal Government service. 

15 (3) GENERAL RESPONSIBILITIES OF THE

16 BOARD.— 

17 (A) IN GENERAL.—The regulations pro18 mulgated by the Secretary shall define the gen19 eral responsibilities of the Board, which shall 

20 include the responsibilities— 

21 (i) to administer a citrus research and 

22 development program in accordance with 

23 the program regulations promulgated by 

24 the Secretary; 


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1 (ii) 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 (iii) to adopt and amend rules and 

7 regulations governing the conduct of the 

8 activities of the Board and the perform9 ance of the duties of the Board; 

10 (iv) in accordance with subparagraph 

11 (B), to employ such persons as the Board 

12 determines are necessary, and set the com13 pensation and define the duties of the per14 sons; 

15 (v)(I) to develop budgets for the im16 plementation of the program and submit 

17 the budgets to the Secretary for approval 

18 under paragraph (4); and 

19 (II) to propose and develop (or receive 

20 and evaluate), approve, and submit to the 

21 Secretary for notification under paragraph 

22 (4) plans or projects for citrus research, 

23 including with any private or public re24 search entities the Board determines to be 


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1 consistent with the purposes of this sec2 tion; 

3 (vi)(I) to implement plans and 

4 projects for citrus research in accordance 

5 with paragraph (4); or 

6 (II) to contract or enter into agree7 ments with appropriate persons to imple8 ment the plans and projects under para9 graph (5), and pay the costs of the imple10 mentation, or contracts and agreement, 

11 with funds received under this Act; 

12 (vii) to evaluate ongoing and com13 pleted plans and projects for citrus re14 search; 

15 (viii) to engage in regular consultation 

16 and collaboration with the Department and 

17 other institutional, governmental, and pri18 vate actors conducting scientific research 

19 into the causes or treatments of citrus dis20 eases and pests, both domestic and 

21 invasive, so as to— 

22 (I) maximize the effectiveness of 

23 the activities; 

24 (II) hasten the development of 

25 useful treatments; and 


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1 (III) avoid duplicative and waste2 ful expenditures; 

3 (ix) to receive, investigate, and report 

4 to the Secretary complaints relating to the 

5 activities carried out by the Board; and 

6 (x) to provide the Secretary such in7 formation as the Secretary may require. 

8 (B) EMPLOYMENT AUTHORITY.— 

9 (i) IN GENERAL.—The Board may— 

10 (I) employ such persons as the 

11 Board determines are necessary, and 

12 set the compensation and define the 

13 duties of the persons, without regard 

14 to the provisions of title 5, United 

15 States Code, governing appointments 

16 in the competitive service; and 

17 (II) pay the persons without re18 gard to the provisions of chapter 51, 

19 and subchapter III of chapter 53, title 

20 5, United States Code, relating to 

21 classification and General Schedule 

22 pay rates. 

23 (ii) STATUS OF EMPLOYEES.—Em24 ployees described in clause (i) shall— 


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1 (I) be Federal employees as de2 fined in section 2105 of title 5, 

3 United States Code; and 

4 (II) be subject to all rights and 

5 obligations applicable to Federal em6 ployees, subject to the approval of the 

7 Board. 

8 (4) BUDGETS; PLANS AND PROJECTS.— 

9 (A) SUBMISSION OF BUDGETS; PLANS AND

10 PROJECTS.— 

11 (i) SUBMISSION OF BUDGETS.—The 

12 Board shall submit to the Secretary for ap13 proval, budgets, on a fiscal year basis, 

14 showing the anticipated expenses and dis15 bursements of the Board in the implemen16 tation of the program, including the pro17 jected costs of citrus research. 

18 (ii) SUBMISSION OF PLANS AND

19 PROJECTS.—The Board shall notify the 

20 Secretary of proposed plans or projects for 

21 citrus research, as described under sub22 paragraph (B). 

23 (iii) AFFIRMATIVE SUPPORT RE24 QUIRED.—A budget may not be submitted 

25 by the Board for recommendation to the 


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1 Secretary, and a plan or project may not 

2 be submitted by the Board for notification 

3 to the Secretary, without the affirmative 

4 support of at least 7 members of the 

5 Board. 

6 (B) PLANS AND PROJECTS.—The Board 

7 shall be responsible for— 

8 (i) the establishment, implementation, 

9 administration, and evaluation of plans 

10 and projects for scientific research de11 scribed in subsection (a); 

12 (ii) the dissemination of information, 

13 techniques, and technologies described in 

14 subsection (a) and acquired through the 

15 plans and projects; and 

16 (iii) the disbursement of such funds as 

17 are necessary to carry out this subpara18 graph. 

19 (C) INTELLECTUAL PROPERTY RIGHTS.— 

20 (i) IN GENERAL.—An agreement for 

21 the allocation of any intellectual property 

22 rights that may arise from research under23 taken pursuant to this section or that re24 late to the commercialization of tech25 nologies that further the purposes of this 


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1 Act is subject to the invention rights of the 

2 Small Business Patent Procedure Act of 

3 1980 (Public Law 96–517), as amended 

4 (35 U.S.C. 200–212) (commonly referred 

5 to as the ‘‘Bayh-Dole Act’’), and its imple6 menting regulations (37 C.F.R. 401), as 

7 further broadened and interpreted in the 

8 Presidential Memorandum to the Heads of 

9 Executive Departments and Agencies on 

10 Government Patent Policy of February 18, 

11 1983, and Executive Orders 12591 and 

12 12618. 

13 (ii) WAIVER.—The Board may waive 

14 applicability of clause (i) for specific 

15 projects if the Board determines the waiver 

16 to be consistent with the purposes of this 

17 Act. 

18 (D) APPROVAL BY SECRETARY.— 

19 (i) IN GENERAL.—A budget for citrus 

20 research may not be implemented prior to 

21 approval of the budget by the Secretary. 

22 (ii) PRIMARY CONSIDERATION.—In 

23 evaluating the proposed budget, the Sec24 retary shall give primary consideration to 


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1 whether the Board fully complied with the 

2 purposes and requirements of this Act. 

3 (iii) NOTIFICATION.—Not later than 

4 45 days after receipt of a budget under 

5 this section, the Secretary shall notify the 

6 Board as to whether the Secretary ap7 proves or disapproves the budget. 

8 (iv) REQUIREMENT TO PROPOSE AL9 TERNATIVE BUDGET.—If the Secretary 

10 disapproves a budget under clause (iii), the 

11 Secretary shall collaborate with the Board 

12 to develop an alternative budget during the 

13 45-day period beginning on the date of the 

14 disapproval. 

15 (v) FAILURE TO RECOMMEND A

16 BUDGET.—If the Board fails to rec17 ommend a budget, the Secretary shall es18 tablish a budget for the Board. 

19 (E) RECOMMENDATION OF EXCESS

20 FUNDS.—As soon as practicable after the end 

21 of the second fiscal year after the establishment 

22 of the Board, and every fiscal year thereafter, 

23 the Board shall submit to the Secretary and the 

24 Secretary of the Treasury a report that con25 tains— 


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1 (i) an assessment of whether the 

2 amounts in the Trust Fund are in excess 

3 of the amounts necessary to meet the pur4 poses of this Act; and 

5 (ii) a recommendation of an amount 

6 that may be remitted to the general fund 

7 of the Treasury without risk of inhibiting 

8 the purposes of this Act. 

9 (5) CONTRACTS AND AGREEMENTS.— 

10 (A) RESEARCH PLANS AND PROJECTS.— 

11 (i) IN GENERAL.—To ensure the effi12 cient use of funds, the Board may enter 

13 into contracts or agreements with public or 

14 private entities for the implementation of a 

15 plan or project for citrus research. 

16 (ii) REQUIREMENTS.—Any contract or 

17 agreement entered into under this subpara18 graph shall provide that the contracting or 

19 agreeing party shall — 

20 (I) develop and submit to the 

21 Board a plan or project and a budget 

22 that includes the estimated costs to be 

23 incurred for the plan or project; 

24 (II) keep accurate records of all 

25 transactions of the party; 


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1 (III) account for funds received 

2 and expended; 

3 (IV) make periodic reports to the 

4 Board of activities conducted; and 

5 (V) make such other reports as 

6 the Board or the Secretary shall re7 quire. 

8 (B) OTHER CONTRACTS AND AGREE9 MENTS.— 

10 (i) IN GENERAL.—The Board may 

11 enter into a contract or agreement for ad12 ministrative services. 

13 (ii) TERMS.—Any contract or agree14 ment entered into under clause (i) shall in15 clude terms comparable to the terms de16 scribed in subparagraph (A)(ii). 

17 (6) BOOKS AND RECORDS OF BOARD.— 

18 (A) IN GENERAL.—The Board shall— 

19 (i) maintain such books and records 

20 as the Secretary may require, to be made 

21 available to the Secretary for inspection 

22 and audit; 

23 (ii) prepare and submit to the Sec24 retary such periodic reports as the Sec25 retary may require; and 


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1 (iii) account for the receipt and dis2 bursement of all funds entrusted to the 

3 Board. 

4 (B) AUDITS.— 

5 (i) IN GENERAL.—The Board shall 

6 have the books and records of the Board 

7 audited by an independent auditor at the 

8 end of each fiscal year. 

9 (ii) REPORT.—The Board shall sub10 mit to the Secretary a report of each audit 

11 under clause (i). 

12 (7) CONTROL OF ADMINISTRATIVE COSTS.— 

13 (A) SYSTEM OF COST CONTROLS.—The 

14 Board shall, as soon as practicable and after 

15 consultation with the Secretary and other ap16 propriate persons, implement a system of cost 

17 controls based on the applicable Federal cost 

18 principles and, to the maximum extent prac19 ticable— 

20 (i) ensure that the costs incurred by 

21 the Board in administering the citrus re22 search contracts and agreements author23 ized under paragraph (5) in any fiscal year 

24 do not exceed the projected level of funds 


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1 disbursed to the Board for that fiscal year; 

2 and 

3 (ii) cover the minimum administrative 

4 activities and personnel needed— 

5 (I) to properly administer the 

6 funds received from the Secretary of 

7 the Treasury; and 

8 (II) to conduct, supervise, and 

9 evaluate plans and projects under the 

10 program. 

11 (B) USE OF EXISTING PERSONNEL AND

12 FACILITIES.—The Board shall use, to the max13 imum extent practicable, the resources, staffs, 

14 and facilities of organizations in existence as of 

15 the date of enactment of this Act, in accordance 

16 with paragraph (5)(A)(i). 

17 (8) USE OF FUNDS.—Amounts available in the 

18 Trust Fund shall be used by the Board— 

19 (A) to pay the allowable costs incurred for 

20 contracts and agreements under paragraph (5); 

21 and 

22 (B) to cover the administrative costs in23 curred by the Secretary in accordance with 

24 paragraph (9). 


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1 (9) REIMBURSEMENT OF SECRETARY EX2 PENSES.—The Board shall reimburse the Secretary 

3 from amounts available in the Trust Fund for ad4 ministrative costs incurred by the Secretary for work 

5 of up to 2 employee years. 

6 (10) PROHIBITION ON USE OF FUNDS TO IN7 FLUENCE GOVERNMENTAL ACTION.— 

8 (A) IN GENERAL.—Except as otherwise 

9 provided in subparagraph (B), the Board may 

10 not use any of the funds otherwise available to 

11 the Board in any manner for the purpose of in12 fluencing legislation or government action or 

13 policy. 

14 (B) EXCEPTION.—Subparagraph (A) shall 

15 not apply to the development or recommenda16 tion of a citrus research plan or project. 

17 (11) LIABILITY AND STATUS OF BOARD MEM18 BERS.—Board members shall not be considered Fed19 eral employees by virtue of membership on the 

20 Board, except for purposes of— 

21 (A) chapter 171 of title 28, United States 

22 Code (commonly known as the ‘‘Federal Tort 

23 Claims Act’’); 

24 (B) the Ethics in Government Act of 1978 

25 (5 U.S.C. App.); and 


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1 (C) chapter 11 of title 18, United States 

2 Code. 

3 (12) CONSULTATIONS WITH SCIENTIFIC EX4 PERTS.— 

5 (A) IN GENERAL.—The Board shall seek 

6 advice from and consult with experts to assist 

7 in the development of research plans and 

8 projects consistent with the purposes of this 

9 section. 

10 (B) SPECIAL COMMITTEES.— 

11 (i) IN GENERAL.—For purposes de12 scribed in subparagraph (A), the regula13 tions promulgated by the Secretary shall 

14 authorize the appointment of special com15 mittees by the Board composed of persons 

16 other than Board members. 

17 (ii) CONSULTATION.—A committee 

18 appointed under clause (i) shall consult di19 rectly with the Board. 

20 (C) COMPENSATION.—The Board shall be 

21 authorized to provide compensation to the ex22 perts and persons described in subparagraphs 

23 (A) and (B) as the Board considers appro24 priate. 

25 (d) EFFECT OF SECTION.— 


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1 (1) IN GENERAL.—This section— 

2 (A) does not provide for control of produc3 tion or otherwise limit the right of individual 

4 citrus growers, handlers, and importers to 

5 produce, handle, or import citrus; and 

6 (B) is intended to treat all persons pro7 ducing, handling, and importing citrus fairly 

8 and to implement the program in an equitable 

9 manner. 

10 (2) OTHER PROGRAMS.—Nothing in this section 

11 preempts or supersedes any other program relating 

12 to citrus promotion, research, industry information, 

13 or consumer information organized and operated 

14 under any Federal or State law. 

15 (3) RELATIONSHIP BETWEEN SECRETARY AND

16 BOARD.— 

17 (A) IN GENERAL.—In carrying out the re18 sponsibilities of the Secretary to oversee the op19 eration of the program under this section, no 

20 official or employee of the Department may 

21 make decisions as to the best use of funds or 

22 shape the program to reflect the personal pref23 erence of the official. 

24 (B) AUTHORITY OF THE BOARD.—The 

25 Board shall retain sole authority to structure 


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1 the projects and activities described in this sec2 tion within the limits established by this sec3 tion. 

4 (C) SECRETARIAL RESPONSIBILITIES.— 

5 The Secretary— 

6 (i) shall ensure that any programs 

7 carried out under this Act operate in a 

8 manner consistent with this section and 

9 other applicable law; and 

10 (ii) shall promote the most efficient 

11 use of funds. 

Æ 


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