II 

113TH CONGRESS 

1ST SESSION S. 220 

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 

FEBRUARY 4, 2013 

Mr. NELSON (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 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 2013’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) duties collected on imports of citrus and cit9 rus products have ranged from $32,000,000 to 

10 $87,000,000 annually since 2004, and are projected 


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1 to increase, as United States production declines due 

2 to the effects of huanglongbing (also known as 

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

4 increase in response to the shortfall in the United 

5 States; 

6 (2) in cases involving other similarly situated 

7 agricultural commodities, notably wool, the Federal 

8 Government has chosen to divert a portion of the 

9 tariff revenue collected on imported products to sup10 port efforts of the domestic industry to address chal11 lenges facing the industry; 

12 (3) citrus and citrus products are a highly nu13 tritious and healthy part of a balanced diet; 

14 (4) citrus production is an important part of 

15 the agricultural economy in Florida, California, Ari16 zona, and Texas; 

17 (5) in 2012, citrus fruits were produced on ap18 proximately 804,300 acres in the United States, 

19 yielding approximately 11,373,000 tons of citrus 

20 products with a value at the farm of more than 

21 $3,443,289,000; 

22 (6) the commercial citrus sector employs ap23 proximately 110,000 people and contributes approxi24 mately $13,500,000,000 to the United States econ25 omy; 


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1 (7) the United States citrus industry has suf2 fered billions of dollars in damage from disease and 

3 pests, both domestic and invasive, over the decade 

4 preceding the date of the enactment of this Act, par5 ticularly from huanglongbing; 

6 (8) huanglongbing threatens the entire United 

7 States citrus industry because the disease kills citrus 

8 trees; 

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

10 there are no cost effective or environmentally sound 

11 treatments available to suppress or eradicate 

12 huanglongbing; 

13 (10) United States citrus producers working 

14 with Federal and State governments have devoted 

15 tens of millions of dollars toward research and ef16 forts to combat huanglongbing and other diseases 

17 and pests, but more funding is needed to develop 

18 and commercialize disease and pest solutions; 

19 (11) although imports constitute an increasing 

20 share of the United States market, importers of cit21 rus products into the United States do not directly 

22 fund production research in the United States; 

23 (12) disease and pest suppression technologies 

24 require determinations of safety and solutions must 

25 be commercialized before use by citrus producers; 


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1 (13) the complex processes involved in discovery 

2 and commercialization of safe and effective pest and 

3 disease suppression technologies are expensive and 

4 lengthy and the need for the technologies is urgent; 

5 and 

6 (14) research to develop solutions to suppress 

7 huanglongbing, or other domestic and invasive pests 

8 and diseases will benefit all citrus producers and 

9 consumers around the world. 

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

11 (1) to authorize the establishment of a trust 

12 funded by certain tariff revenues to support sci13 entific research, technical assistance, and develop14 ment activities to combat citrus diseases and pests, 

15 both domestic and invasive, harming the United 

16 States; and 

17 (2) to require the President to notify the chair18 person and ranking member of the Committee on 

19 Finance of the Senate and the Committee on Ways 

20 and Means of the House of Representatives before 

21 entering into any trade agreement that would de22 crease the amount of duties collected on imports of 

23 citrus products to less than the amount necessary to 

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


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

2 this Act. 

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

4 Act restricts the use of any funds for scientific research 

5 and technical activities in the United States. 

6 SEC. 3. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

7 TRUST FUND. 

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

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

10 the following: 

11 ‘‘TITLE X—CITRUS DISEASE RE12 SEARCH AND DEVELOPMENT 

13 TRUST FUND 

14 ‘‘SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOP15 MENT TRUST FUND. 

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

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

18 as the ‘Citrus Disease Research and Development Trust 

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

20 consisting of such amounts as may be transferred to the 

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

22 may be credited to the Trust Fund under subsection 

23 (d)(2). 

24 ‘‘(b) TRANSFER OF AMOUNTS.— 


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

2 the Secretary of the Treasury shall transfer to the 

3 Trust Fund, from the general fund of the Treasury, 

4 amounts determined by the Secretary to be equiva5 lent to amounts received in the general fund that are 

6 attributable to the duties collected on articles that 

7 are citrus or citrus products classifiable under chap8 ters 8, 20, 21, 22, and 33 of the Harmonized Tariff 

9 Schedule of the United States. 

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

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

12 year may not exceed the lesser of— 

‘‘(A) an amount equal to 1 13 ⁄3 of the amount 

14 attributable to the duties received on articles 

15 described in paragraph (1); or 

16 ‘‘(B) $30,000,000. 

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

18 ‘‘(1) AMOUNTS AVAILABLE UNTIL EX19 PENDED.—Amounts in the Trust Fund shall remain 

20 available until expended without further appropria21 tion. 

22 ‘‘(2) AVAILABILITY FOR CITRUS DISEASE RE23 SEARCH AND DEVELOPMENT EXPENDITURES.— 

24 Amounts in the Trust Fund shall be available to the 

25 Secretary of Agriculture— 


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1 ‘‘(A) for expenditures relating to citrus dis2 ease research and development under section 4 

3 of the Citrus Disease Research and Develop4 ment Trust Fund Act of 2013, including costs 

5 relating to contracts or other agreements en6 tered into to carry out citrus disease research 

7 and development; and 

8 ‘‘(B) to cover administrative costs incurred 

9 by the Secretary in carrying out the provisions 

10 of that Act. 

11 ‘‘(d) INVESTMENT OF TRUST FUND.— 

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

13 Treasury shall invest such portion of the Trust 

14 Fund as is not required to meet current withdrawals 

15 in interest-bearing obligations of the United States 

16 or in obligations guaranteed as to both principal and 

17 interest by the United States. Such obligations may 

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

19 purchase of outstanding obligations at the market 

20 price. Any obligation acquired by the Trust Fund 

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

22 market price. 

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

24 REDEMPTION OF OBLIGATIONS.—The interest on, 

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


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1 obligations held in the Trust Fund shall be credited 

2 to and form a part of the Trust Fund. 

3 ‘‘(e) REPORTS TO CONGRESS.—Not later than Janu4 ary 15, 2014, and each year thereafter until the year after 

5 the termination of the Trust Fund, the Secretary of the 

6 Treasury, in consultation with the Secretary of Agri7 culture, shall submit to Congress a report on the financial 

8 condition and the results of the operations of the Trust 

9 Fund that includes— 

10 ‘‘(1) a detailed description of the amounts dis11 bursed from the Trust Fund in the preceding fiscal 

12 year and the manner in which those amounts were 

13 expended; 

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

15 and the operations of the Trust Fund for the cur16 rent fiscal year; and 

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

18 the Trust Fund for future expenditures. 

19 ‘‘(f) REMISSION OF SURPLUS FUNDS.—The Sec20 retary of the Treasury may remit to the general fund of 

21 the Treasury such amounts as the Secretary of Agri22 culture reports to be in excess of the amounts necessary 

23 to meet the purposes of the Citrus Disease Research and 

24 Development Trust Fund Act of 2013. 


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1 ‘‘(g) SUNSET PROVISION.—The Trust Fund shall ter2 minate on December 31 of the fifth calendar year that 

3 begins after the date of the enactment of the Citrus Dis4 ease Research and Development Trust Fund Act of 2013 

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

6 that fifth calendar year shall be transferred to the general 

7 fund of the Treasury. 

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

9 CERTAIN TRADE AGREEMENTS. 

10 ‘‘The President shall notify the chairperson and rank11 ing member of the Committee on Finance of the Senate 

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

13 Representatives not later than 90 days before entering 

14 into a trade agreement if the President determines that 

15 entering into the trade agreement could result— 

16 ‘‘(1) in a decrease in the amount of duties col17 lected on articles that are citrus or citrus products 

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

19 the Harmonized Tariff Schedule of the United 

20 States; and 

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

22 transferred into the Citrus Disease Research and 

23 Development Trust Fund under section 1001 so that 

24 amounts available in the Trust Fund are insufficient 


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1 to meet the purposes of the Citrus Disease Research 

2 and Development Trust Fund Act of 2013.’’. 

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

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

5 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.’’. 

6 SEC. 4. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

7 TRUST FUND ADVISORY BOARD. 

8 (a) PURPOSE.—The purpose of this section is to es9 tablish an orderly procedure and financing mechanism for 

10 the development of an effective and coordinated program 

11 of research and product development relating to— 

12 (1) scientific research concerning diseases and 

13 pests, both domestic and invasive, afflicting the cit14 rus industry; and 

15 (2) support for the dissemination and commer16 cialization of relevant information, techniques, and 

17 technologies discovered pursuant to research funded 

18 through the Citrus Disease Research and Develop19 ment Trust Fund established under section 1001 of 

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

21 this Act, or through other research projects intended 

22 to solve problems caused by citrus production dis23 eases and invasive pests. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) BOARD.—The term ‘‘Board’’ means the Cit3 rus Disease Research and Development Trust Fund 

4 Advisory Board established under this section. 

5 (2) CITRUS.— 

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

7 means edible fruit of the family Rutaceae, com8 monly called ‘‘citrus’’. 

9 (B) INCLUSION.—The term ‘‘citrus’’ in10 cludes all citrus hybrids and products of citrus 

11 hybrids that are produced for commercial pur12 poses in the United States. 

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

14 means the Department of Agriculture. 

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

16 individual, group of individuals, firm, partnership, 

17 corporation, joint stock company, association, coop18 erative, or other legal entity. 

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

20 any person that is engaged in the domestic produc21 tion and commercial sale of citrus in the United 

22 States. 

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

24 the citrus research and development program au25 thorized under this section. 


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

2 the Secretary of Agriculture. 

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

4 means the Citrus Disease Research and Develop5 ment Trust Fund established under section 1001 of 

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

7 this Act. 

8 (c) IMPLEMENTATION.— 

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

10 after the date of the enactment of this Act, the Sec11 retary shall promulgate regulations to carry out this 

12 section. 

13 (2) CITRUS ADVISORY BOARD.— 

14 (A) ESTABLISHMENT AND MEMBERSHIP.— 

15 (i) ESTABLISHMENT.—The Citrus 

16 Disease Research and Development Trust 

17 Fund Advisory Board shall consist of 9 

18 members. 

19 (ii) MEMBERSHIP.—The members of 

20 the Board shall be appointed by the Sec21 retary. 

22 (iii) STATUS.—Members of the Board 

23 represent the interests of the citrus indus24 try and shall not be considered officers or 


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1 employees of the Federal Government sole2 ly due to membership on the Board. 

3 (B) DISTRIBUTION OF APPOINTMENTS.— 

4 The membership of the Board shall consist of— 

5 (i) 5 members who are domestic pro6 ducers of citrus in Florida; 

7 (ii) 3 members who are domestic pro8 ducers of citrus in Arizona or California; 

9 and 

10 (iii) 1 member who is a domestic pro11 ducer of citrus in Texas. 

12 (C) CONSULTATION.—Prior to making ap13 pointments to the Board, the Secretary shall 

14 consult with organizations composed primarily 

15 of citrus producers to receive advice and rec16 ommendations regarding Board membership. 

17 (D) BOARD VACANCIES.— 

18 (i) IN GENERAL.—The Secretary shall 

19 appoint a new Board member to serve the 

20 remainder of a term vacated by a depart21 ing Board member. 

22 (ii) REQUIREMENTS.—When filling a 

23 vacancy on the Board, the Secretary 

24 shall— 


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1 (I) appoint a citrus producer 

2 from the same State as the Board 

3 member being replaced; and 

4 (II) prior to making an appoint5 ment, consult with organizations in 

6 that State composed primarily of cit7 rus producers to receive advice and 

8 recommendations regarding the va9 cancy. 

10 (E) TERMS.— 

11 (i) IN GENERAL.—Except as provided 

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

13 the Board shall be for 5 years. 

14 (ii) INITIAL APPOINTMENTS.—In 

15 making initial appointments to the Board, 

the Secretary shall appoint 1 16 ⁄3 of the mem17 bers to terms of 1, 3, and 5 years, respec18 tively. 

19 (F) DISQUALIFICATION FROM BOARD

20 SERVICE.—If a member or alternate of the 

21 Board who was appointed as a domestic pro22 ducer ceases to be a producer in the State from 

23 which the member was appointed, or fails to 

24 fulfill the duties of the member according to the 

25 rules established by the Board under paragraph 


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1 (4)(A)(ii), the member or alternate shall be dis2 qualified from serving on the Board. 

3 (G) COMPENSATION.— 

4 (i) IN GENERAL.—The members of 

5 the Board shall serve without compensa6 tion, other than travel expenses described 

7 in clause (ii). 

8 (ii) TRAVEL EXPENSES.—A member 

9 of the Board shall be allowed travel ex10 penses, including per diem in lieu of sub11 sistence, at rates authorized for an em12 ployee of an agency under subchapter I of 

13 chapter 57 of title 5, United States Code, 

14 while away from the home or regular place 

15 of business of the member in the perform16 ance of the duties of the Board. 

17 (3) POWERS.— 

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

19 and dispose of gifts or donations of services or 

20 property. 

21 (B) POSTAL SERVICES.—The Board may 

22 use the United States mails in the same man23 ner and under the same conditions as other 

24 agencies of the Federal Government. 


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1 (C) VOLUNTEER SERVICES.—Notwith2 standing section 1342 of title 31, United States 

3 Code, the Board may accept and use the serv4 ices of volunteers serving without compensation. 

5 (D) TECHNICAL AND LOGISTICAL SUP6 PORT.—Subject to the availability of funds, the 

7 Secretary shall provide to the Board technical 

8 and logistical support through contract or other 

9 means, including— 

10 (i) procuring the services of experts 

11 and consultants in accordance with section 

12 3109(b) of title 5, United States Code, but 

13 at rates for individuals not to exceed the 

14 daily equivalent of the highest rate payable 

15 under section 5332 of that title; and 

16 (ii) entering into contracts with de17 partments, agencies, and instrumentalities 

18 of the Federal Government, State agencies, 

19 and private entities for the preparation of 

20 reports, surveys, and other activities. 

21 (E) DETAIL OF FEDERAL GOVERNMENT

22 EMPLOYEES.— 

23 (i) IN GENERAL.—An employee of the 

24 Federal Government may be detailed to the 


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1 Commission on a reimbursable or nonreim2 bursable basis. 

3 (ii) CIVIL SERVICE STATUS.—The de4 tail of the employee shall be without inter5 ruption or loss of civil service status or 

6 privilege. 

7 (F) GENERAL SERVICES ADMINISTRA8 TION.—The Administrator of General Services 

9 shall provide to the Board on a reimbursable 

10 basis administrative support and other services 

11 for the performance of the duties of the Board. 

12 (G) OTHER DEPARTMENTS AND AGEN13 CIES.—Departments and agencies of the United 

14 States may provide to the Board such services, 

15 funds, facilities, staff, and other support serv16 ices as may be appropriate. 

17 (4) GENERAL RESPONSIBILITIES OF THE

18 BOARD.— 

19 (A) IN GENERAL.—The regulations pro20 mulgated by the Secretary shall define the gen21 eral responsibilities of the Board, which shall 

22 include the responsibilities— 

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

24 among the members of the Board a chair25 person, other officers, and committees and 


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1 subcommittees, as the Board determines to 

2 be appropriate; 

3 (ii) to adopt and amend rules and reg4 ulations governing the conduct of the ac5 tivities of the Board and the performance 

6 of the duties of the Board; 

7 (iii) to hire such experts and consult8 ants as the Board considers necessary to 

9 enable the Board to perform the duties of 

10 the Board; 

11 (iv) to advise the Secretary on citrus 

12 research and development needs; 

13 (v) to propose a research and develop14 ment agenda and annual budgets for the 

15 Trust Fund; 

16 (vi) to evaluate and review ongoing re17 search funded by Trust Fund; 

18 (vii) to engage in regular consultation 

19 and collaboration with the Department and 

20 other institutional, governmental, and pri21 vate actors conducting scientific research 

22 into the causes or treatments of citrus dis23 eases and pests, both domestic and 

24 invasive, so as to— 


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1 (I) maximize the effectiveness of 

2 the activities; 

3 (II) hasten the development of 

4 useful treatments; and 

5 (III) avoid duplicative and waste6 ful expenditures; and 

7 (viii) to provide the Secretary with 

8 such information and advice as the Sec9 retary may request. 

10 (5) CITRUS RESEARCH AND DEVELOPMENT

11 AGENDA AND BUDGETS.— 

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

13 annually to the Secretary a proposed research 

14 and development agenda and budget for the 

15 Trust Fund, which shall include— 

16 (i) an evaluation of ongoing research 

17 and development efforts; 

18 (ii) specific recommendations for new 

19 citrus research projects; 

20 (iii) a plan for the dissemination and 

21 commercialization of relevant information, 

22 techniques, and technologies discovered 

23 pursuant to research funded through the 

24 Trust Fund; and 


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1 (iv) a justification for Trust Fund ex2 penditures. 

3 (B) AFFIRMATIVE SUPPORT REQUIRED.— 

4 A research and development agenda and budget 

5 may not be submitted by the Board to the Sec6 retary without the affirmative support of at 

7 least 7 members of the Board. 

8 (C) SECRETARIAL APPROVAL.— 

9 (i) IN GENERAL.—Not later than 60 

10 days after receiving the proposed research 

11 and development agenda and budget from 

12 the Board and consulting with the Board, 

13 the Secretary shall finalize a citrus re14 search and development agenda and Trust 

15 Fund budget. 

16 (ii) CONSIDERATIONS.—In finalizing 

17 the agenda and budget, the Secretary 

18 shall— 

19 (I) due to the proximity of citrus 

20 producers to the effects of diseases 

21 such as huanglongbing and the quick22 ly evolving nature of scientific under23 standing of the effect of the diseases 

24 on citrus production, give strong def25 erence to the proposed research and 


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1 development agenda and budget from 

2 the Board; and 

3 (II) take into account other pub4 lic and private citrus-related research 

5 and development projects and fund6 ing. 

7 (D) REPORT TO CONGRESS.—Each year, 

8 the Secretary shall submit to the Committee on 

9 Agriculture and the Committee on Ways and 

10 Means of the House of Representatives and the 

11 Committee on Agriculture, Nutrition, and For12 estry and the Committee on Finance of the 

13 Senate a report that includes— 

14 (i) the most recent citrus research and 

15 development agenda and budget of the 

16 Secretary; 

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

18 what extent the agenda and budget final19 ized by the Secretary differs from the pro20 posal of the Board; 

21 (iii) an examination of new develop22 ments in the spread and control of citrus 

23 diseases and pests; 

24 (iv) a discussion of projected research 

25 needs; and 


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1 (v) a review of the effectiveness of the 

2 Trust Fund in achieving the purpose de3 scribed in subsection (a). 

4 (6) CONTRACTS AND AGREEMENTS.—To ensure 

5 the efficient use of funds, the Secretary may enter 

6 into contracts or agreements with public or private 

7 entities for the implementation of a plan or project 

8 for citrus research. 

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

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

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

12 Board in carrying out the duties of the Board. 

13 (e) TERMINATION OF BOARD.—The Board shall ter14 minate on December 31 of the fifth calendar year that 

15 begins after the date of the enactment of this Act. 

16 SEC. 5. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

17 TAXES. 

18 Notwithstanding section 6655 of the Internal Rev19 enue Code of 1986, in the case of a corporation with assets 

20 of not less than $1,000,000,000 (determined as of the end 

21 of the preceding taxable year)— 

22 (1) the amount of any required installment of 

23 corporate estimated tax which is otherwise due in 

24 July, August, or September of 2018 shall be in25 creased by 0.25 percent of such amount (determined 


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1 without regard to any increase in such amount not 

2 contained in such Code); and 

3 (2) the amount of the next required installment 

4 after an installment referred to in paragraph (1) 

5 shall be appropriately reduced to reflect the amount 

6 of the increase by reason of such paragraph. 

7 SEC. 6. EXTENSION OF CUSTOMS USER FEES. 

8 Section 13031(j)(3) of the Consolidated Omnibus 

9 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 

10 is amended by adding at the end the following: 

11 ‘‘(C)(i) Notwithstanding subparagraph (A), fees may 

12 be charged under paragraphs (9) and (10) of subsection 

13 (a) during the period beginning on October 23, 2021, and 

14 ending on November 6, 2021. 

15 ‘‘(ii) Notwithstanding subparagraph (B)(i), fees may 

16 be charged under paragraphs (1) through (8) of sub17 section (a) during the period beginning on October 30, 

18 2021, and ending on November 13, 2021.’’. 

Æ 


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