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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Introduced in Senate (IS)]

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.

    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 ``Citrus Disease Research and 
Development Trust Fund Act of 2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) duties collected on imports of citrus and citrus 
        products have ranged from $50,000,000 to $87,000,000 annually 
        since 2004, and are projected to increase, as United States 
        production declines due to the effects of huanglongbing (also 
        known as ``HLB'' or ``citrus greening disease'') and imports 
        increase in response to the shortfall in the United States;
            (2) in cases involving other similarly situated 
        agricultural commodities, notably wool, the Federal Government 
        has chosen to divert a portion of the tariff revenue collected 
        on imported products to support efforts of the domestic 
        industry to address challenges facing the industry;
            (3) citrus and citrus products are a highly nutritious and 
        healthy part of a balanced diet;
            (4) citrus production is an important part of the 
        agricultural economy in Florida, California, Arizona, and 
        Texas;
            (5) in the most recent years preceding the date of 
        enactment of this Act, citrus fruits have been produced on 
        900,000 acres, yielding 11,000,000 tons of citrus products with 
        a value at the farm of more than $3,200,000,000;
            (6) the commercial citrus sector employs approximately 
        110,000 people and contributes approximately $13,500,000,000 to 
        the United States economy;
            (7) the United States citrus industry has suffered billions 
        of dollars in damage from disease and pests, both domestic and 
        invasive, over the decade preceding the date of enactment of 
        this Act, particularly from huanglongbing;
            (8) huanglongbing threatens the entire United States citrus 
        industry because the disease kills citrus trees;
            (9) as of the date of enactment of this Act, there are no 
        cost effective or environmentally sound treatments available to 
        suppress or eradicate huanglongbing;
            (10) United States citrus producers working with Federal 
        and State governments have devoted tens of millions of dollars 
        toward research and efforts to combat huanglongbing and other 
        diseases and pests, but more funding is needed to develop and 
        commercialize disease and pest solutions;
            (11) although imports constitute an increasing share of the 
        United States market, importers of citrus products into the 
        United States do not directly fund production research in the 
        United States;
            (12) disease and pest suppression technologies require 
        determinations of safety and solutions must be commercialized 
        before use by citrus producers;
            (13) the complex processes involved in discovery and 
        commercialization of safe and effective pest and disease 
        suppression technologies are expensive and lengthy and the need 
        for the technologies is urgent; and
            (14) research to develop solutions to suppress 
        huanglongbing, or other domestic and invasive pests and 
        diseases will benefit all citrus producers and consumers around 
        the world.
    (b) Purposes.--The purposes of this Act are--
            (1) to authorize the establishment of a trust funded by 
        certain tariff revenues to support scientific research, 
        technical assistance, and development activities to combat 
        citrus diseases and pests, both domestic and invasive, harming 
        the United States; and
            (2) to require the President to notify the chairperson and 
        ranking member of the Committee on Finance of the Senate and 
        the Committee on Ways and Means of the House of Representatives 
        before entering into any trade agreement that would decrease 
        the amount of duties collected on imports of citrus products to 
        less than the amount necessary to provide the grants authorized 
        by section 1001(d) of the Trade Act of 1974, as added by 
        section 3(a) of this Act.
    (c) Effect on Other Activities.--Nothing in this Act restricts the 
use of any funds for scientific research and technical activities in 
the United States.

SEC. 3. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND.

    (a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et seq.) is 
amended by adding at the end the following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

``SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the `Citrus Disease Research 
and Development Trust Fund' (in this section referred to as the `Trust 
Fund' `'), consisting of such amounts as may be transferred to the 
Trust Fund under subsection (b)(1) and any amounts that may be credited 
to the Trust Fund under subsection (d)(2).
    ``(b) Transfer of Amounts.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        of the Treasury shall transfer to the Trust Fund amounts that 
        are attributable to the duties collected on articles that are 
        citrus or citrus products classifiable under chapters 8, 20, 
        21, 22, and 33 of the Harmonized Tariff Schedule of the United 
        States.
            ``(2) Limitation.--The amount transferred to the Trust Fund 
        under paragraph (1) in any fiscal year may not exceed the 
        lesser of--
                    ``(A) an amount equal to \1/3\ of the amount 
                attributable to the duties received on articles 
                described in paragraph (1); or
                    ``(B) $30,000,000.
    ``(c) Availability of Amounts in Trust Fund.--
            ``(1) Amounts available until expended.--Amounts in the 
        Trust Fund shall remain available until expended without 
        further appropriation.
            ``(2) Availability to the citrus disease research and 
        development board.--Amounts in the Trust Fund shall be 
        available to the Citrus Disease Research and Development Board 
        established under section 4 of the Citrus Disease Research and 
        Development Trust Fund Act of 2011 to meet the purposes of that 
        Act.
            ``(3) Notification of amounts to be withdrawn.--For each 
        fiscal year, the Secretary of Agriculture shall notify the 
        Secretary of the Treasury of the amount to be withdrawn from 
        the Trust Fund for that fiscal year based on the budget for the 
        Citrus Disease Research and Development Board approved for that 
        fiscal year under section 4(c)(4)(D) of the Citrus Disease 
        Research and Development Trust Fund Act of 2011.
    ``(d) Investment of Trust Fund.--
            ``(1) In general.--The Secretary of the Treasury shall 
        invest such portion of the Trust Fund as is not required to 
        meet current withdrawals in interest-bearing obligations of the 
        United States or in obligations guaranteed as to both principal 
        and interest by the United States. Such obligations may be 
        acquired on original issue at the issue price or by purchase of 
        outstanding obligations at the market price. Any obligation 
        acquired by the Trust Fund may be sold by the Secretary of the 
        Treasury at the market price.
            ``(2) Interest and proceeds from sale or redemption of 
        obligations.--The interest on, and the proceeds from the sale 
        or redemption of, any obligations held in the Trust Fund shall 
        be credited to and form a part of the Trust Fund.
    ``(e) Reports to Congress.--Not later than January 15, 2012, and 
each year thereafter until the year after the termination of the Trust 
Fund, the Secretary of the Treasury, in consultation with the Secretary 
of Agriculture, shall submit to Congress a report on the financial 
condition and the results of the operations of the Trust Fund that 
includes--
            ``(1) the amount of funds made available to the Citrus 
        Disease Research and Development Board under subsection (c) 
        during the preceding fiscal year and a description of the ways 
        in which the Board used those funds; and
            ``(2) an assessment of the financial condition and the 
        operations of the Trust Fund for the current fiscal year.
    ``(f) Remission of Surplus Funds.--After receiving a report of the 
Citrus Disease Research and Development Board under section 4(c)(4)(E) 
of the Citrus Disease Research and Development Trust Fund Act of 2011 
for a fiscal year, the Secretary of the Treasury may remit to the 
general fund of the Treasury such amounts as the Board reported to be 
in excess of the amounts necessary to meet the purposes of the Citrus 
Disease Research and Development Trust Fund Act of 2011.
    ``(g) Sunset Provision.--The Trust Fund shall terminate on December 
31 of the fifth calendar year that begins after the date of the 
enactment of this Act and all amounts in the Trust Fund on December 31 
of that fifth calendar year shall be transferred to the general fund of 
the Treasury.

``SEC. 1002. REPORTS REQUIRED BEFORE ENTERING INTO CERTAIN TRADE 
              AGREEMENTS.

    ``The President shall notify the chairperson and ranking member of 
the Committee on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives not later than 90 days before 
entering into a trade agreement if the President determines that 
entering into the trade agreement could result--
            ``(1) in a decrease in the amount of duties collected on 
        articles that are citrus or citrus products classifiable under 
        chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
        Schedule of the United States; and
            ``(2) in a decrease in the amount of funds being 
        transferred into the Citrus Disease Research and Development 
        Trust Fund under section 1001 so that amounts available in the 
        Trust Fund are insufficient to meet the purposes of the Citrus 
        Disease Research and Development Trust Fund Act of 2011.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by adding at the 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.''.

SEC. 4. CITRUS DISEASE RESEARCH AND DEVELOPMENT BOARD.

    (a) Purpose.--The purpose of this section is to establish an 
orderly procedure for the development of an effective and coordinated 
program of research and product development relating to--
            (1) scientific research concerning diseases and pests, both 
        domestic and invasive, afflicting the citrus industry; and
            (2) support for the dissemination and commercialization of 
        relevant information, techniques, and technologies discovered 
        pursuant to research funded through the Citrus Disease Research 
        and Development Trust Fund established under section 1001 of 
        the Trade Act of 1974, as added by section 3(a) of this Act, or 
        through other research projects intended to solve problems 
        caused by citrus production diseases and invasive pests.
    (b) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Citrus Disease 
        Research and Development Board established under this section.
            (2) Citrus.--
                    (A) In general.--The term ``citrus'' means edible 
                fruit of the family Rutaceae, commonly called 
                ``citrus''.
                    (B) Inclusion.--The term ``citrus'' includes all 
                citrus hybrids and products of citrus hybrids that are 
                produced for commercial purposes in the United States.
            (3) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (4) Person.--The term ``person'' means any individual, 
        group of individuals, firm, partnership, corporation, joint 
        stock company, association, cooperative, or other legal entity.
            (5) Producer.--The term ``producer'' means any person that 
        is engaged in the domestic production and commercial sale of 
        citrus in the United States.
            (6) Program.--The term ``program'' means the citrus 
        research and development program authorized under this section.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
        Disease Research and Development Trust Fund established under 
        section 1001 of the Trade Act of 1974, as added by section 3(a) 
        of this Act.
    (c) Implementation.--
            (1) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall promulgate 
        regulations to carry out this section.
            (2) Citrus board.--
                    (A) Establishment and membership.--
                            (i) Establishment.--The Citrus Disease 
                        Research and Development Board shall consist of 
                        9 members.
                            (ii) Membership.--The members of the Board 
                        shall be appointed by the Secretary from 
                        nominations submitted in accordance with this 
                        paragraph.
                    (B) Distribution of appointments.--The membership 
                of the Board shall consist of--
                            (i) 5 members who are domestic producers of 
                        citrus in Florida;
                            (ii) 3 members who are domestic producers 
                        of citrus in Arizona or California; and
                            (iii) 1 member who is a domestic producer 
                        of citrus in Texas.
                    (C) Nomination process.--
                            (i) In general.--Two nominees shall be 
                        submitted for each appointment to the Board.
                            (ii) Process.--Nominations for each 
                        appointment of a producer from a State 
                        identified in subparagraph (B) shall be made by 
                        the domestic producers in that State through a 
                        process that uses nominations from any 
                        organization--
                                    (I) the majority of the membership 
                                of which is composed of citrus 
                                producers; and
                                    (II) that is in existence on the 
                                date of enactment of this Act.
                            (iii) Failure to nominate.--In any case in 
                        which producer organizations fail to nominate 
                        individuals for an appointment to the Board, 
                        the Secretary may appoint an individual to fill 
                        the vacancy on a basis provided in the 
                        regulations promulgated by the Secretary.
                    (D) Alternates.--
                            (i) In general.--Subject to clause (ii), 
                        the regulations promulgated by the Secretary 
                        shall provide for the selection of alternate 
                        members of the Board by the Secretary for the 
                        purpose of serving the remainder of terms 
                        vacated by a departing Board member.
                            (ii) Requirements.--Regulations described 
                        in clause (i) shall require that--
                                    (I) each alternate member is chosen 
                                from nominations submitted by the 
                                organizations referred to in 
                                subparagraph (C)(ii); and
                                    (II) each alternate member 
                                appointed by the Secretary is a citrus 
                                producer from the same State as the 
                                Board member being replaced.
                    (E) Terms.--
                            (i) In general.--Except as provided in 
                        clause (ii), each term of appointment to the 
                        Board shall be for 5 years.
                            (ii) Initial appointments.--In making 
                        initial appointments to the Board, the 
                        Secretary shall appoint \1/3\ of the members to 
                        terms of 1, 3, and 5 years, respectively.
                    (F) Disqualification from board service.--If a 
                member or alternate of the Board who was appointed as a 
                domestic producer ceases to be a producer in the State 
                from which the member was appointed, or fails to 
                fulfill the duties of the member according to the rules 
                established by the Board under paragraph (3)(C), the 
                member or alternate shall be disqualified from serving 
                on the Board.
                    (G) Manner of filling vacancy.--A vacancy arising 
                as a result of disqualification or any other reason 
                before the expiration of the term of office of an 
                incumbent member or alternate of the Board shall be 
                filled in a manner provided in the regulations 
                promulgated by the Secretary.
                    (H) Compensation.--
                            (i) In general.--The members of the Board 
                        shall serve without compensation, but shall be 
                        reimbursed for the reasonable expenses incurred 
                        in performing duties as members or alternates 
                        of the Board.
                            (ii) Limitation.--Reimbursement described 
                        in clause (i) may not exceed the amount that 
                        would be authorized under section 5703 of title 
                        5, United States Code, for the payment of 
                        expenses and allowances for individuals 
                        intermittently employed in Federal Government 
                        service.
            (3) General responsibilities of the board.--
                    (A) In general.--The regulations promulgated by the 
                Secretary shall define the general responsibilities of 
                the Board, which shall include the responsibilities--
                            (i) to administer a citrus research and 
                        development program in accordance with the 
                        program regulations promulgated by the 
                        Secretary;
                            (ii) to meet, organize, and select from 
                        among the members of the Board a chairperson, 
                        other officers, and committees and 
                        subcommittees, as the Board determines to be 
                        appropriate;
                            (iii) to adopt and amend rules and 
                        regulations governing the conduct of the 
                        activities of the Board and the performance of 
                        the duties of the Board;
                            (iv) in accordance with subparagraph (B), 
                        to employ such persons as the Board determines 
                        are necessary, and set the compensation and 
                        define the duties of the persons;
                            (v)(I) to develop budgets for the 
                        implementation of the program and submit the 
                        budgets to the Secretary for approval under 
                        paragraph (4); and
                            (II) to propose and develop (or receive and 
                        evaluate), approve, and submit to the Secretary 
                        for notification under paragraph (4) plans or 
                        projects for citrus research, including with 
                        any private or public research entities the 
                        Board determines to be consistent with the 
                        purposes of this section;
                            (vi)(I) to implement plans and projects for 
                        citrus research in accordance with paragraph 
                        (4); or
                            (II) to contract or enter into agreements 
                        with appropriate persons to implement the plans 
                        and projects under paragraph (5), and pay the 
                        costs of the implementation, or contracts and 
                        agreement, with funds received under this Act;
                            (vii) to evaluate ongoing and completed 
                        plans and projects for citrus research;
                            (viii) to engage in regular consultation 
                        and collaboration with the Department and other 
                        institutional, governmental, and private actors 
                        conducting scientific research into the causes 
                        or treatments of citrus diseases and pests, 
                        both domestic and invasive, so as to--
                                    (I) maximize the effectiveness of 
                                the activities;
                                    (II) hasten the development of 
                                useful treatments; and
                                    (III) avoid duplicative and 
                                wasteful expenditures;
                            (ix) to receive, investigate, and report to 
                        the Secretary complaints relating to the 
                        activities carried out by the Board; and
                            (x) to provide the Secretary such 
                        information as the Secretary may require.
                    (B) Employment authority.--
                            (i) In general.--The Board may--
                                    (I) employ such persons as the 
                                Board determines are necessary, and set 
                                the compensation and define the duties 
                                of the persons, without regard to the 
                                provisions of title 5, United States 
                                Code, governing appointments in the 
                                competitive service; and
                                    (II) pay the persons without regard 
                                to the provisions of chapter 51, and 
                                subchapter III of chapter 53, title 5, 
                                United States Code, relating to 
                                classification and General Schedule pay 
                                rates.
                            (ii) Status of employees.--Employees 
                        described in clause (i) shall--
                                    (I) be Federal employees as defined 
                                in section 2105 of title 5, United 
                                States Code; and
                                    (II) be subject to all rights and 
                                obligations applicable to Federal 
                                employees, subject to the approval of 
                                the Board.
            (4) Budgets; plans and projects.--
                    (A) Submission of budgets; plans and projects.--
                            (i) Submission of budgets.--The Board shall 
                        submit to the Secretary for approval, budgets, 
                        on a fiscal year basis, showing the anticipated 
                        expenses and disbursements of the Board in the 
                        implementation of the program, including the 
                        projected costs of citrus research.
                            (ii) Submission of plans and projects.--The 
                        Board shall notify the Secretary of proposed 
                        plans or projects for citrus research, as 
                        described under subparagraph (B).
                            (iii) Affirmative support required.--A 
                        budget may not be submitted by the Board for 
                        recommendation to the Secretary, and a plan or 
                        project may not be submitted by the Board for 
                        notification to the Secretary, without the 
                        affirmative support of at least 7 members of 
                        the Board.
                    (B) Plans and projects.--The Board shall be 
                responsible for--
                            (i) the establishment, implementation, 
                        administration, and evaluation of plans and 
                        projects for scientific research described in 
                        subsection (a);
                            (ii) the dissemination of information, 
                        techniques, and technologies described in 
                        subsection (a) and acquired through the plans 
                        and projects; and
                            (iii) the disbursement of such funds as are 
                        necessary to carry out this subparagraph.
                    (C) Intellectual property rights.--
                            (i) In general.--An agreement for the 
                        allocation of any intellectual property rights 
                        that may arise from research undertaken 
                        pursuant to this section or that relate to the 
                        commercialization of technologies that further 
                        the purposes of this Act is subject to the 
                        invention rights of the Small Business Patent 
                        Procedure Act of 1980 (Public Law 96-517), as 
                        amended (35 U.S.C. 200-212) (commonly referred 
                        to as the ``Bayh-Dole Act''), and its 
                        implementing regulations (37 C.F.R. 401), as 
                        further broadened and interpreted in the 
                        Presidential Memorandum to the Heads of 
                        Executive Departments and Agencies on 
                        Government Patent Policy of February 18, 1983, 
                        and Executive Orders 12591 and 12618.
                            (ii) Waiver.--The Board may waive 
                        applicability of clause (i) for specific 
                        projects if the Board determines the waiver to 
                        be consistent with the purposes of this Act.
                    (D) Approval by secretary.--
                            (i) In general.--A budget for citrus 
                        research may not be implemented prior to 
                        approval of the budget by the Secretary.
                            (ii) Primary consideration.--In evaluating 
                        the proposed budget, the Secretary shall give 
                        primary consideration to whether the Board 
                        fully complied with the purposes and 
                        requirements of this Act.
                            (iii) Notification.--Not later than 45 days 
                        after receipt of a budget under this section, 
                        the Secretary shall notify the Board as to 
                        whether the Secretary approves or disapproves 
                        the budget.
                            (iv) Requirement to propose alternative 
                        budget.--If the Secretary disapproves a budget 
                        under clause (iii), the Secretary shall 
                        collaborate with the Board to develop an 
                        alternative budget during the 45-day period 
                        beginning on the date of the disapproval.
                            (v) Failure to recommend a budget.--If the 
                        Board fails to recommend a budget, the 
                        Secretary shall establish a budget for the 
                        Board.
                    (E) Recommendation of excess funds.--As soon as 
                practicable after the end of the second fiscal year 
                after the establishment of the Board, and every fiscal 
                year thereafter, the Board shall submit to the 
                Secretary and the Secretary of the Treasury a report 
                that contains--
                            (i) an assessment of whether the amounts in 
                        the Trust Fund are in excess of the amounts 
                        necessary to meet the purposes of this Act; and
                            (ii) a recommendation of an amount that may 
                        be remitted to the general fund of the Treasury 
                        without risk of inhibiting the purposes of this 
                        Act.
            (5) Contracts and agreements.--
                    (A) Research plans and projects.--
                            (i) In general.--To ensure the efficient 
                        use of funds, the Board may enter into 
                        contracts or agreements with public or private 
                        entities for the implementation of a plan or 
                        project for citrus research.
                            (ii) Requirements.--Any contract or 
                        agreement entered into under this subparagraph 
                        shall provide that the contracting or agreeing 
                        party shall --
                                    (I) develop and submit to the Board 
                                a plan or project and a budget that 
                                includes the estimated costs to be 
                                incurred for the plan or project;
                                    (II) keep accurate records of all 
                                transactions of the party;
                                    (III) account for funds received 
                                and expended;
                                    (IV) make periodic reports to the 
                                Board of activities conducted; and
                                    (V) make such other reports as the 
                                Board or the Secretary shall require.
                    (B) Other contracts and agreements.--
                            (i) In general.--The Board may enter into a 
                        contract or agreement for administrative 
                        services.
                            (ii) Terms.--Any contract or agreement 
                        entered into under clause (i) shall include 
                        terms comparable to the terms described in 
                        subparagraph (A)(ii).
            (6) Books and records of board.--
                    (A) In general.--The Board shall--
                            (i) maintain such books and records as the 
                        Secretary may require, to be made available to 
                        the Secretary for inspection and audit;
                            (ii) prepare and submit to the Secretary 
                        such periodic reports as the Secretary may 
                        require; and
                            (iii) account for the receipt and 
                        disbursement of all funds entrusted to the 
                        Board.
                    (B) Audits.--
                            (i) In general.--The Board shall have the 
                        books and records of the Board audited by an 
                        independent auditor at the end of each fiscal 
                        year.
                            (ii) Report.--The Board shall submit to the 
                        Secretary a report of each audit under clause 
                        (i).
            (7) Control of administrative costs.--
                    (A) System of cost controls.--The Board shall, as 
                soon as practicable and after consultation with the 
                Secretary and other appropriate persons, implement a 
                system of cost controls based on the applicable Federal 
                cost principles and, to the maximum extent 
                practicable--
                            (i) ensure that the costs incurred by the 
                        Board in administering the citrus research 
                        contracts and agreements authorized under 
                        paragraph (5) in any fiscal year do not exceed 
                        the projected level of funds disbursed to the 
                        Board for that fiscal year; and
                            (ii) cover the minimum administrative 
                        activities and personnel needed--
                                    (I) to properly administer the 
                                funds received from the Secretary of 
                                the Treasury; and
                                    (II) to conduct, supervise, and 
                                evaluate plans and projects under the 
                                program.
                    (B) Use of existing personnel and facilities.--The 
                Board shall use, to the maximum extent practicable, the 
                resources, staffs, and facilities of organizations in 
                existence as of the date of enactment of this Act, in 
                accordance with paragraph (5)(A)(i).
            (8) Use of funds.--Amounts available in the Trust Fund 
        shall be used by the Board--
                    (A) to pay the allowable costs incurred for 
                contracts and agreements under paragraph (5); and
                    (B) to cover the administrative costs incurred by 
                the Secretary in accordance with paragraph (9).
            (9) Reimbursement of secretary expenses.--The Board shall 
        reimburse the Secretary from amounts available in the Trust 
        Fund for administrative costs incurred by the Secretary for 
        work of up to 2 employee years.
            (10) Prohibition on use of funds to influence governmental 
        action.--
                    (A) In general.--Except as otherwise provided in 
                subparagraph (B), the Board may not use any of the 
                funds otherwise available to the Board in any manner 
                for the purpose of influencing legislation or 
                government action or policy.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                the development or recommendation of a citrus research 
                plan or project.
            (11) Liability and status of board members.--Board members 
        shall not be considered Federal employees by virtue of 
        membership on the Board, except for purposes of--
                    (A) chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act'');
                    (B) the Ethics in Government Act of 1978 (5 U.S.C. 
                App.); and
                    (C) chapter 11 of title 18, United States Code.
            (12) Consultations with scientific experts.--
                    (A) In general.--The Board shall seek advice from 
                and consult with experts to assist in the development 
                of research plans and projects consistent with the 
                purposes of this section.
                    (B) Special committees.--
                            (i) In general.--For purposes described in 
                        subparagraph (A), the regulations promulgated 
                        by the Secretary shall authorize the 
                        appointment of special committees by the Board 
                        composed of persons other than Board members.
                            (ii) Consultation.--A committee appointed 
                        under clause (i) shall consult directly with 
                        the Board.
                    (C) Compensation.--The Board shall be authorized to 
                provide compensation to the experts and persons 
                described in subparagraphs (A) and (B) as the Board 
                considers appropriate.
    (d) Effect of Section.--
            (1) In general.--This section--
                    (A) does not provide for control of production or 
                otherwise limit the right of individual citrus growers, 
                handlers, and importers to produce, handle, or import 
                citrus; and
                    (B) is intended to treat all persons producing, 
                handling, and importing citrus fairly and to implement 
                the program in an equitable manner.
            (2) Other programs.--Nothing in this section preempts or 
        supersedes any other program relating to citrus promotion, 
        research, industry information, or consumer information 
        organized and operated under any Federal or State law.
            (3) Relationship between secretary and board.--
                    (A) In general.--In carrying out the 
                responsibilities of the Secretary to oversee the 
                operation of the program under this section, no 
                official or employee of the Department may make 
                decisions as to the best use of funds or shape the 
                program to reflect the personal preference of the 
                official.
                    (B) Authority of the board.--The Board shall retain 
                sole authority to structure the projects and activities 
                described in this section within the limits established 
                by this section.
                    (C) Secretarial responsibilities.--The Secretary--
                            (i) shall ensure that any programs carried 
                        out under this Act operate in a manner 
                        consistent with this section and other 
                        applicable law; and
                            (ii) shall promote the most efficient use 
                        of funds.
                                 <all>
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