II 

111TH CONGRESS 

2D SESSION S. 3568 

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 

JULY 12, 2010 

Mr. NELSON of Florida (for himself, Mr. CORNYN, and Mrs. FEINSTEIN) 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 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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

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

4 to increase, as United States production declines due 

5 to the effects of huanglongbing (also known as 

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

7 increase in response to the shortfall in the United 

8 States; 

9 (2) in cases involving other similarly situated 

10 agricultural commodities, notably wool, the Federal 

11 Government has chosen to divert a portion of the 

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

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

17 (4) citrus production is an important part of 

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

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

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

23 citrus products with a value at the farm of more 

24 than $3,200,000,000; 


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

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

7 pests, both domestic and invasive, over the decade 

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

10 (8) huanglongbing threatens the entire United 

11 States citrus industry because the disease kills citrus 

12 trees; 

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

14 there are no cost effective or environmentally sound 

15 treatments available to suppress or eradicate 

16 huanglongbing; 

17 (10) United States citrus producers working 

18 with Federal and State governments have devoted 

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

21 and pests, but more funding is needed to develop 

22 and commercialize disease and pest solutions; 

23 (11) although imports constitute an increasing 

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1 rus products into the United States do not directly 

2 fund production research in the United States; 

3 (12) disease and pest suppression technologies 

4 require determinations of safety and solutions must 

5 be commercialized before use by citrus producers; 

6 (13) the complex processes involved in discovery 

7 and commercialization of safe and effective pest and 

8 disease suppression technologies are expensive and 

9 lengthy and the need for the technologies is urgent; 

10 and 

11 (14) research to develop solutions to suppress 

12 huanglongbing, or other domestic and invasive pests 

13 and diseases will benefit all citrus producers and 

14 consumers around the world. 

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

16 (1) to authorize the establishment of a trust 

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

20 both domestic and invasive, harming the United 

21 States; and 

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

24 Finance of the Senate and the Committee on Ways 

25 and Means of the House of Representatives before 


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

3 citrus products to less than the amount necessary to 

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

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

6 this Act. 

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

8 Act restricts the use of any funds for scientific research 

9 and technical activities in the United States. 

10 SEC. 3. CITRUS DISEASE RESEARCH AND DEVELOPMENT 

11 TRUST FUND. 

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

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

14 the following: 

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

17 TRUST FUND 

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

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

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

22 as the ‘Citrus Disease Research and Development Trust 

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

24 consisting of such amounts as may be transferred to the 

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


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1 may be credited to the Trust Fund under subsection 

2 (c)(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 and 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) INVESTMENT OF TRUST FUND.— 

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

20 Treasury shall invest such portion of the Trust 

21 Fund as is not, in the Secretary’s judgment, re22 quired to meet current withdrawals. Such invest23 ments may be made only in interest-bearing obliga24 tions of the United States or in obligations guaran25 teed as to both principal and interest by the United 


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1 States. For such purpose, such obligations may be 

2 acquired on original issue at the issue price or by 

3 purchase of outstanding obligations at the market 

4 price. Any obligation acquired by the Trust Fund 

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

6 market price. 

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

8 REDEMPTION OF OBLIGATIONS.—The interest on, 

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

10 obligations held in the Trust Fund shall be credited 

11 to and form a part of the Trust Fund. 

12 ‘‘(d) AVAILABILITY OF AMOUNTS FROM TRUST

13 FUND.—From amounts available in the Trust Fund (in14 cluding any amounts not obligated in previous fiscal 

15 years), the Secretary of Agriculture is authorized to pro16 vide grants to the Citrus Research and Development 

17 Board established under section 4 of the Citrus Disease 

18 Research and Development Trust Fund Act of 2010. 

19 ‘‘(e) REPORTS TO CONGRESS.—Not later than Janu20 ary 15, 2011, and each year thereafter until the year after 

21 the termination of the Trust Fund, the Secretary of the 

22 Treasury, in consultation with the Secretary of Agri23 culture, shall prepare and submit to Congress a report on 

24 the financial condition and the results of the operations 

25 of the Trust Fund, including— 


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1 ‘‘(1) a description of the use and amounts of 

2 the grants provided under subsection (d) during the 

3 preceding fiscal year; and 

4 ‘‘(2) a description of the condition and oper5 ations of the Trust Fund for the current fiscal year. 

6 ‘‘(f) SUNSET PROVISION.—The Trust Fund shall ter7 minate on December 31 of the fifth full calendar year that 

8 begins after the year of the date of the enactment of this 

9 Act and all amounts in the Trust Fund on such date shall 

10 be transferred to the general fund 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 and 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 provide the grants authorized by subsection (d) of 

4 that section.’’. 

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 invasive pests, both domestic and invasive, afflicting 

16 the citrus 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 Research and Development Board established 

6 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 that are produced for 

13 commercial purposes in the United States. 

14 (3) CONFLICT OF INTEREST.—The term ‘‘con15 flict of interest’’ means a situation in which a mem16 ber or employee of the Board has a direct or indirect 

17 financial interest in a person that performs a service 

18 for, or enters into a contract with, the Board for 

19 anything of economic value. 

20 (4) DEPARTMENT.—The term ‘‘Department’’ 

21 means the Department of Agriculture. 

22 (5) ORDER.—The term ‘‘order’’ means the cit23 rus research and development order issued under 

24 this section. 


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1 (6) PERSON.—The term ‘‘person’’ means any 

2 individual, group of individuals, firm, partnership, 

3 corporation, joint stock company, association, coop4 erative, or other legal entity. 

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

6 any person that is engaged in the domestic produc7 tion and commercial sale of citrus in the United 

8 States. 

9 (8) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture. 

11 (c) ISSUANCE OF ORDERS.— 

12 (1) IN GENERAL.— 

13 (A) ISSUANCE.—Subject to paragraph (2), 

14 the Secretary shall issue an order applicable to 

15 domestic citrus producers. 

16 (B) SCOPE.—Any order shall be national 

17 in scope. 

18 (C) SINGLE ORDER.—Not more than 1 

19 order relating to the purposes of this section 

20 shall be in effect at any 1 time. 

21 (2) PROCEDURES.— 

22 (A) PUBLICATION OF PROPOSAL.—Not 

23 later than 60 days after the date of enactment 

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1 posed order and give notice and opportunity for 

2 public comment on the proposed order. 

3 (B) ISSUANCE OF ORDER.— 

4 (i) IN GENERAL.—After notice and 

5 opportunity for public comment in accord6 ance with subparagraph (A), the Secretary 

7 shall issue the order, taking into consider8 ation the comments received and including 

9 in the order such provisions as are nec10 essary to ensure that the order is in con11 formity with this section. 

12 (ii) EFFECTIVE DATE.—The order 

13 shall become effective not later than 45 

14 days after the date of issuance. 

15 (3) AMENDMENTS.— 

16 (A) IN GENERAL.—The Secretary may pe17 riodically amend the order. 

18 (B) APPLICABILITY OF ACT.—Any provi19 sions of this Act that are applicable to the order 

20 shall be applicable to any amendment to the 

21 order. 

22 (d) REQUIRED TERMS IN ORDER.— 

23 (1) IN GENERAL.—The order shall contain the 

24 terms specified in this subsection. 

25 (2) CITRUS BOARD.— 


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1 (A) ESTABLISHMENT AND MEMBERSHIP.— 

2 (i) ESTABLISHMENT.—The order shall 

3 provide for the establishment of a Citrus 

4 Research and Development Board, con5 sisting of 9 members, to administer the 

6 order. 

7 (ii) MEMBERSHIP.—The order shall 

8 provide that members of the Board shall 

9 be appointed by the Secretary from nomi10 nations submitted in accordance with this 

11 paragraph. 

12 (B) DISTRIBUTION OF APPOINTMENTS.— 

13 The order shall provide that the membership of 

14 the Board shall consist of— 

15 (i) 5 members who are domestic pro16 ducers of citrus in Florida; 

17 (ii) 3 members who are domestic pro18 ducers of citrus in Arizona or California; 

19 and 

20 (iii) 1 member who is a domestic pro21 ducer of citrus in Texas. 

22 (C) NOMINATION PROCESS.—The order 

23 shall provide that— 

24 (i) 2 nominees shall be submitted for 

25 each appointment to the Board; and 


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1 (ii) nominations for each appointment 

2 of a producer from a State identified in 

3 subparagraph (B)(i) shall be made by the 

4 domestic producers in that State through 

5 an appointment process that uses nomina6 tions from any organization— 

7 (I) the members of which consist 

8 of citrus producers; and 

9 (II) that is in existence on the 

10 date of enactment of this Act; and 

11 (iii) in any case in which producer or12 ganizations fail to nominate individuals for 

13 an appointment to the Board, the Sec14 retary may appoint an individual to fill the 

15 vacancy on a basis provided in the order or 

16 other regulations of the Secretary. 

17 (D) ALTERNATES.—The order shall pro18 vide for the selection of alternate members of 

19 the Board by the Secretary in accordance with 

20 procedures specified in the order. 

21 (E) TERMS.—The order shall provide that 

22 each term of appointment to the Board shall be 

23 for 5 years. 

24 (F) DISQUALIFICATION FROM BOARD

25 SERVICE.—The order shall provide that if a 


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1 member or alternate of the Board who was ap2 pointed as a domestic producer ceases to belong 

3 to the group for which the member was ap4 pointed, the member or alternate shall be dis5 qualified from serving on the Board. 

6 (G) MANNER OF FILLING VACANCY.—A 

7 vacancy arising as a result of disqualification or 

8 any other reason before the expiration of the 

9 term of office of an incumbent member or alter10 nate of the Board shall be filled in a manner 

11 provided in the order. 

12 (H) COMPENSATION.—The order shall pro13 vide that members and alternates of the Board 

14 shall serve without compensation, but shall be 

15 reimbursed for the reasonable expenses incurred 

16 in performing duties as members or alternates 

17 of the Board. 

18 (3) GENERAL RESPONSIBILITIES OF THE

19 BOARD.—The order shall define the general respon20 sibilities of the Board, which shall include the re21 sponsibilities— 

22 (A) to administer the order in accordance 

23 with the order; 

24 (B) to meet, organize, and select from 

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1 person, other officers, and committees and sub2 committees, as the Board determines to be ap3 propriate; 

4 (C) to recommend to the Secretary rules 

5 and regulations to effectuate the order; 

6 (D) to employ such persons as the Board 

7 determines are necessary, and set the com8 pensation and define the duties of the persons; 

9 (E)(i) to develop budgets for the imple10 mentation of the order and submit the budgets 

11 to the Secretary for approval under paragraph 

12 (4); and 

13 (ii) to propose and develop (or receive and 

14 evaluate), approve, and submit to the Secretary 

15 for approval under paragraph (4) plans or 

16 projects for citrus research, including with any 

17 private or public research entities the Board de18 termines to be consistent with the purposes of 

19 this section; 

20 (F)(i) to implement plans and projects for 

21 citrus research in accordance with paragraph 

22 (4); or 

23 (ii) to contract or enter into agreements 

24 with appropriate persons to implement the 

25 plans and projects under paragraph (5), and 


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1 pay the costs of the implementation, or con2 tracts and agreement, with funds received 

3 under this Act; 

4 (G) to evaluate ongoing and completed 

5 plans and projects for citrus research in accord6 ance with the order; 

7 (H) to receive, investigate, and report to 

8 the Secretary complaints of violations of the 

9 order; 

10 (I) to recommend to the Secretary amend11 ments to the order; 

12 (J) to invest, pending disbursement under 

13 a plan or project, funds collected through this 

14 Act (including income from the funds) only 

15 in— 

16 (i) obligations of the United States or 

17 any agency of the United States; 

18 (ii) general obligations of any State or 

19 any political subdivision of a State; 

20 (iii) any interest-bearing account or 

21 certificate of deposit of a bank that is a 

22 member of the Federal Reserve System; or 

23 (iv) obligations fully guaranteed as to 

24 principal and interest by the United 

25 States; 


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1 (K) to borrow funds necessary for the 

2 startup expenses of the order; and 

3 (L) to provide the Secretary such informa4 tion as the Secretary may require. 

5 (4) BUDGETS; PLANS AND PROJECTS.— 

6 (A) SUBMISSION OF BUDGETS; PLANS AND

7 PROJECTS.— 

8 (i) SUBMISSION OF BUDGETS.—The 

9 order shall require the Board to submit to 

10 the Secretary for approval, budgets, on a 

11 fiscal year basis, showing the anticipated 

12 expenses and disbursements of the Board 

13 in the implementation of the order, includ14 ing the projected costs of citrus research. 

15 (ii) SUBMISSION OF PLANS AND

16 PROJECTS.—The order shall require the 

17 Board to submit to the Secretary for ap18 proval proposed plans or projects for citrus 

19 research, as described under subparagraph 

20 (B). 

21 (iii) AFFIRMATIVE SUPPORT RE22 QUIRED.—A budget, plan, or project may 

23 not be submitted by the Board for rec24 ommendation to the Secretary without the 


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1 affirmative support of at least 7 members 

2 of the Board. 

3 (B) PLANS AND PROJECTS.—The order 

4 shall provide for— 

5 (i) the establishment, implementation, 

6 administration, and evaluation of plans 

7 and projects for scientific research de8 scribed in subsection (a); 

9 (ii) the dissemination of information 

10 acquired through the plans and projects; 

11 and 

12 (iii) the disbursement of such funds as 

13 are necessary to carry out this subpara14 graph. 

15 (C) INTELLECTUAL PROPERTY RIGHTS.— 

16 The order shall provide that the Board may 

17 enter into an agreement for the allocation of 

18 any intellectual property rights that may arise 

19 from research undertaken pursuant to this sec20 tion or that relate to the commercialization of 

21 technologies that further the purposes of this 

22 Act. 

23 (D) APPROVAL BY SECRETARY.— 

24 (i) IN GENERAL.—A budget, plan, or 

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1 plemented prior to approval of the budget, 

2 plan, or project by the Secretary. 

3 (ii) NOTIFICATION.—Not later than 

4 45 days after receipt of a budget, plan, or 

5 project under this section, the Secretary 

6 shall notify the Board as to whether the 

7 Secretary approves or disapproves the 

8 budget, plan, or project. 

9 (iii) PRESUMPTIVE APPROVAL.—If the 

10 Secretary fails to provide notice in accord11 ance with clause (ii) before the end of the 

12 45-day period, the budget, plan, or project 

13 shall be considered to be approved and 

14 may be implemented by the Board. 

15 (iv) 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 (5) CONTRACTS AND AGREEMENTS.— 

20 (A) RESEARCH PLANS AND PROJECTS.— 

21 (i) IN GENERAL.—To ensure the effi22 cient use of funds, the order shall provide 

23 that the Board, with the approval of the 

24 Secretary, may enter into contracts or 


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1 agreements with public or private entities 

2 for— 

3 (I) the implementation of a plan 

4 or project for citrus research; and 

5 (II) the payment of the cost of 

6 the contract or agreement with funds 

7 received by the Board under the 

8 order. 

9 (ii) REQUIREMENTS.—The order shall 

10 provide that any contract or agreement en11 tered into under this subparagraph shall 

12 provide that— 

13 (I) the contracting or agreeing 

14 party shall develop and submit to the 

15 Board a plan or project and a budget 

16 that includes the estimated costs to be 

17 incurred for the plan or project; 

18 (II) the plan or project shall be19 come effective on the approval of the 

20 Secretary; and 

21 (III) the contracting party or 

22 agreeing party shall— 

23 (aa) keep accurate records 

24 of all transactions of the party; 


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1 (bb) account for funds re2 ceived and expended; and 

3 (cc) make periodic reports to 

4 the Board of activities conducted; 

5 and 

6 (IV) make such other reports as 

7 the Board or the Secretary shall re8 quire. 

9 (B) OTHER CONTRACTS AND AGREE10 MENTS.— 

11 (i) IN GENERAL.—The order shall 

12 provide that the Board, with the approval 

13 of the Secretary, may enter into a contract 

14 or agreement for administrative services. 

15 (ii) TERMS.—Any contract or agree16 ment entered into under clause (i) shall in17 clude term comparable to the terms de18 scribed in subparagraph (A)(ii), as deter19 mined by the Secretary. 

20 (6) BOOKS AND RECORDS OF BOARD.— 

21 (A) IN GENERAL.—The order shall require 

22 the Board— 

23 (i) to maintain such books and 

24 records as the Secretary may require, to be 


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1 made available to the Secretary for inspec2 tion and audit; 

3 (ii) to prepare and submit to the Sec4 retary such periodic reports as the Sec5 retary may require; and 

6 (iii) to account for the receipt and dis7 bursement of all funds entrusted to the 

8 Board. 

9 (B) AUDITS.— 

10 (i) IN GENERAL.—The Board shall 

11 have the books and records of the Board 

12 audited by an independent auditor at the 

13 end of each fiscal year. 

14 (ii) REPORT.—The Board shall sub15 mit to the Secretary a report of each audit 

16 under clause (i). 

17 (7) CONTROL OF ADMINISTRATIVE COSTS.— 

18 (A) SYSTEM OF COST CONTROLS.—The 

19 order shall provide that the Board shall, as 

20 soon as practicable after the order becomes ef21 fective and after consultation with the Secretary 

22 and other appropriate persons, implement a 

23 system of cost controls based on normally ac24 cepted business practices that will, to the max25 imum extent practicable— 


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1 (i) ensure that the costs incurred by 

2 the Board in administering the order in 

3 any fiscal year do not exceed the projected 

4 level of funds disbursed to the Board for 

5 that fiscal year; and 

6 (ii) cover the minimum administrative 

7 activities and personnel needed— 

8 (I) to properly administer and 

9 enforce the order; and 

10 (II) to conduct, supervise, and 

11 evaluate plans and projects under the 

12 order. 

13 (B) USE OF EXISTING PERSONNEL AND

14 FACILITIES.—The Board shall use, to the max15 imum extent practicable, the resources, staffs, 

16 and facilities of organizations in existence as of 

17 the date of enactment of this Act, in accordance 

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

19 (8) USE OF FUNDS.—The order shall provide 

20 that funds disbursed to the Board shall be used— 

21 (A) to pay costs incurred in implementing 

22 and administering the order, with provision for 

23 a reasonable reserve; and 


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1 (B) to cover the administrative costs in2 curred by the Secretary in carrying out this sec3 tion. 

4 (9) REIMBURSEMENT OF SECRETARY EX5 PENSES.—The order shall provide for reimbursing 

6 the Secretary for administrative costs incurred by 

7 the Secretary for supervisory work of up to 2 em8 ployee years after an order or amendment to any 

9 order has been issued and made effective. 

10 (10) PROHIBITION ON USE OF FUNDS TO IN11 FLUENCE GOVERNMENTAL ACTION.— 

12 (A) IN GENERAL.—Except as otherwise 

13 provided in subparagraph (B), the order shall 

14 prohibit any funds collected by the Board under 

15 the order from being used in any manner for 

16 the purpose of influencing legislation or govern17 ment action or policy. 

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

19 not apply to the development or recommenda20 tion of amendments to the order. 

21 (11) PROHIBITION OF CONFLICT OF INTER22 EST.—The Board may not engage in, and shall pro23 hibit the employees and agents of the Board from 

24 engaging in, any action that would be a conflict of 

25 interest. 


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1 (12) CONSULTATIONS WITH SCIENTIFIC EX2 PERTS.— 

3 (A) IN GENERAL.—The order shall provide 

4 that the Board may seek advice from and con5 sult with experts from institutions of higher 

6 education, government, and industry to assist in 

7 the development of research plans and projects 

8 consistent with the purposes of this section. 

9 (B) SPECIAL COMMITTEES.— 

10 (i) IN GENERAL.—For purposes de11 scribed in subparagraph (A), the order 

12 shall authorize the appointment of special 

13 committees composed of persons other 

14 than Board members. 

15 (ii) CONSULTATION.—A committee 

16 appointed under clause (i) shall consult di17 rectly with the Board. 

18 (C) COMPENSATION.—The order shall au19 thorize the Board to provide compensation to 

20 the experts and persons described in subpara21 graphs (A) and (B) as the Board considers ap22 propriate. 

23 (13) OTHER TERMS OF THE ORDER.—The 

24 order shall contain such other terms, consistent with 


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1 this section, as are necessary to carry out this sec2 tion. 

3 (e) EFFECT OF SECTION.— 

4 (1) IN GENERAL.—This section— 

5 (A) does not provide for control of produc6 tion or otherwise limit the right of individual 

7 citrus growers, handlers, and importers to 

8 produce, handle, or import citrus; and 

9 (B) is intended to treat all persons pro10 ducing, handling, and importing citrus fairly 

11 and to implement any order in an equitable 

12 manner. 

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

14 preempts or supersedes any other program relating 

15 to citrus promotion, research, industry information, 

16 and consumer information organized and operated 

17 under any Federal or State law. 

18 (3) RELATIONSHIP BETWEEN SECRETARY AND

19 BOARD.— 

20 (A) IN GENERAL.—In carrying out the re21 sponsibilities of the Secretary to oversee the 

22 disbursement of funds to the Board and the op23 eration of the program under this section, no 

24 official or employee of the Department may 

25 make decisions as to the best use of funds or 


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1 shape the program to reflect the personal pref2 erence of the official or employee. 

3 (B) AUTHORITY OF THE BOARD.—The 

4 Board shall retain sole authority to structure 

5 the projects and activities described in this sec6 tion within the limits established by this section 

7 and the order. 

8 (C) SECRETARIAL RESPONSIBILITIES.— 

9 The Secretary— 

10 (i) shall ensure that any programs 

11 carried out under this operate in a manner 

12 consistent with this section and other ap13 plicable law; 

14 (ii) shall eliminate any unnecessary 

15 regulatory costs or requirements to the cit16 rus industry in carrying out the oversight 

17 and regulatory responsibilities of the Sec18 retary; 

19 (iii) shall promote the most efficient 

20 use of funds; and 

21 (iv) may not substitute the judgment 

22 of the Secretary for the judgment of the 

23 Board or alter any projects or activities de24 scribed in this section. 


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1 (f) REGULATIONS.—The Secretary may issue such 

2 regulations as are necessary to carry out this section. 

Æ 


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