,,ii #aacth ,,congress #ast ,session ,s4 #bbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjac ,mr4 ,nelson 7for himself1 ,mrs4 ,feinstein1 and ,mrs4 ,boxer7 introduced the following bill2 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 industry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,citrus ,disease ,research and ,development ,trust ,fund ,act of #bjac4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 duties collected on imports of citrus and citrus products have ranged from #cb1jjj1jjj to #hg1jjj1jjj annually since #bjjd1 and are projected to increase1 as ,united ,states production declines due to the effects of huanglongbing 7also known as ,,hlb or citrus greening disease7 and imports increase in response to the shortfall in the ,united ,states2 7#b7 in cases involving other similarly situated agricultural commodities1 notably wool1 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 industry2 7#c7 citrus and citrus products are a highly nutritious and healthy part of a balanced diet2 7#d7 citrus production is an important part of the agricultural economy in ,florida1 ,california1 ,arizona1 and ,texas2 7#e7 in #bjab1 citrus fruits were produced on approximately #hjd1cjj acres in the ,united ,states1 yielding approximately #aa1cgc1jjj tons of citrus products with a value at the farm of more than #c1ddc1bhi1jjj2 7#f7 the commercial citrus sector employs approximately #aaj1jjj people and contributes approximately #ac1ejj1jjj1jjj to the ,united ,states economy2 7#g7 the ,united ,states citrus industry has suffered billions of dollars in damage from disease and pests1 both domestic and invasive1 over the decade preceding the date of the enactment of this ,act1 particularly from huanglongbing2 7#h7 huanglongbing threatens the entire ,united ,states citrus industry because the disease kills citrus trees2 7#i7 as of the date of the enactment of this ,act1 there are no cost effective or environmentally sound treatments available to suppress or eradicate huanglongbing2 7#aj7 ,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 pests1 but more funding is needed to develop and commercialize disease and pest solutions2 7#aa7 although imports constitute an increasing share of the ,united ,states market1 importers of citrus products into the ,united ,states do not directly fund production research in the ,united ,states2 7#ab7 disease and pest suppression technologies require determinations of safety and solutions must be commercialized before use by citrus producers2 7#ac7 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 urgent2 and 7#ad7 research to develop solutions to suppress huanglongbing1 or other domestic and invasive pests and diseases will benefit all citrus producers and consumers around the world4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to authorize the establishment of a trust funded by certain tariff revenues to support scientific research1 technical assistance1 and development activities to combat citrus diseases and pests1 both domestic and invasive1 harming the ,united ,states2 and 7#b7 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 #ajja7;d7 of the ,trade ,act of #aigd1 as added by section #c7;a7 of this ,act4 7c7 ,effect on other activities ,nothing in this ,act restricts the use of any funds for scientific research and technical activities in the ,united ,states4 #c4 ,citrus ,disease ,research and ,development ,trust ,fund 7a7 ,in general ,the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bajb et seq47 is amended by adding at the end the following3 ,x ,citrus ,disease ,research and ,development ,trust ,fund #ajja4 ,citrus ,disease ,research and ,development ,trust ,fund 7a7 ,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 7in this section referred to as the ,trust ,fund71 consisting of such amounts as may be transferred to the ,trust ,fund under subsection 7b77#a7 and any amounts that may be credited to the ,trust ,fund under subsection 7d77#b74 7b7 ,transfer of amounts 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary of the ,treasury shall transfer to the ,trust ,fund1 from the general fund of the ,treasury1 amounts determined by the ,secretary to be equivalent to amounts received in the general fund that are attributable to the duties collected on articles that are citrus or citrus products classifiable under chapters #h1 #bj1 #ba1 #bb1 and #cc of the ,harmonized ,tariff ,schedule of the ,united ,states4 7#b7 ,limitation ,the amount transferred to the ,trust ,fund under paragraph 7#a7 in any fiscal year may not exceed the lesser of-- 7,a7 an amount equal to #a_/c of the amount attributable to the duties received on articles described in paragraph 7#a72 or 7,b7 #cj1jjj1jjj4 7c7 ,availability of amounts in ,trust ,fund 7#a7 ,amounts available until expended ,amounts in the ,trust ,fund shall remain available until expended without further appropriation4 7#b7 ,availability for citrus disease research and development expenditures ,amounts in the ,trust ,fund shall be available to the ,secretary of ,agriculture-- 7,a7 for expenditures relating to citrus disease research and development under section #d of the ,citrus ,disease ,research and ,development ,trust ,fund ,act of #bjac1 including costs relating to contracts or other agreements entered into to carry out citrus disease research and development2 and 7,b7 to cover administrative costs incurred by the ,secretary in carrying out the provisions of that ,act4 7d7 ,investment of ,trust ,fund 7#a7 ,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 ,states4 ,such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price4 ,any obligation acquired by the ,trust ,fund may be sold by the ,secretary of the ,treasury at the market price4 7#b7 ,interest and proceeds from sale or redemption of obligations ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,trust ,fund shall be credited to and form a part of the ,trust ,fund4 7e7 ,reports to ,congress ,not later than ,january #ae1 #bjad1 and each year thereafter until the year after the termination of the ,trust ,fund1 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,agriculture1 shall submit to ,congress a report on the financial condition and the results of the operations of the ,trust ,fund that includes-- 7#a7 a detailed description of the amounts disbursed from the ,trust ,fund in the preceding fiscal year and the manner in which those amounts were expended2 7#b7 an assessment of the financial condition and the operations of the ,trust ,fund for the current fiscal year2 and 7#c7 an assessment of the amounts available in the ,trust ,fund for future expenditures4 7f7 ,remission of surplus funds ,the ,secretary of the ,treasury may remit to the general fund of the ,treasury such amounts as the ,secretary of ,agriculture reports to be in excess of the amounts necessary to meet the purposes of the ,citrus ,disease ,research and ,development ,trust ,fund ,act of #bjac4 7g7 ,sunset provision ,the ,trust ,fund shall terminate on ,december #ca of the fifth calendar year that begins after the date of the enactment of the ,citrus ,disease ,research and ,development ,trust ,fund ,act of #bjac and all amounts in the ,trust ,fund on ,december #ca of that fifth calendar year shall be transferred to the general fund of the ,treasury4 #ajjb4 ,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 #ij days before entering into a trade agreement if the ,president determines that entering into the trade agreement could result-- 7#a7 in a decrease in the amount of duties collected on articles that are citrus or citrus products classifiable under chapters #h1 #bj1 #ba1 #bb1 and #cc of the ,harmonized ,tariff ,schedule of the ,united ,states2 and 7#b7 in a decrease in the amount of funds being transferred into the ,citrus ,disease ,research and ,development ,trust ,fund under section #ajja 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 #bjac4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by adding at the end the following3 ,,title ,x--,citrus ,disease ,research and ,development ,trust ,fund ,sec4 #ajja4 ,citrus ,disease ,research and ,development ,trust ,fund4 ,sec4 #ajjb4 ,reports required before entering into certain trade agreements4 4 #d4 ,citrus ,disease ,research and ,development ,trust ,fund ,advisory ,board 7a7 ,purpose ,the purpose of this section is to establish an orderly procedure and financing mechanism for the development of an effective and coordinated program of research and product development relating to-- 7#a7 scientific research concerning diseases and pests1 both domestic and invasive1 afflicting the citrus industry2 and 7#b7 support for the dissemination and commercialization of relevant information1 techniques1 and technologies discovered pursuant to research funded through the ,citrus ,disease ,research and ,development ,trust ,fund established under section #ajja of the ,trade ,act of #aigd1 as added by section #c7;a7 of this ,act1 or through other research projects intended to solve problems caused by citrus production diseases and invasive pests4 7b7 ,definitions ,in this section3 7#a7 ,board ,the term ,board means the ,citrus ,disease ,research and ,development ,trust ,fund ,advisory ,board established under this section4 7#b7 ,citrus 7,a7 ,in general ,the term citrus means edible fruit of the family ,rutaceae1 commonly called citrus4 7,b7 ,inclusion ,the term citrus includes all citrus hybrids and products of citrus hybrids that are produced for commercial purposes in the ,united ,states4 7#c7 ,department ,the term ,department means the ,department of ,agriculture4 7#d7 ,person ,the term person means any individual1 group of individuals1 firm1 partnership1 corporation1 joint stock company1 association1 cooperative1 or other legal entity4 7#e7 ,producer ,the term producer means any person that is engaged in the domestic production and commercial sale of citrus in the ,united ,states4 7#f7 ,program ,the term program means the citrus research and development program authorized under this section4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#h7 ,trust ,fund ,the term ,trust ,fund means the ,citrus ,disease ,research and ,development ,trust ,fund established under section #ajja of the ,trade ,act of #aigd1 as added by section #c7;a7 of this ,act4 7c7 ,implementation 7#a7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out this section4 7#b7 ,citrus ,advisory ,board 7,a7 ,establishment and membership 7i7 ,establishment ,the ,citrus ,disease ,research and ,development ,trust ,fund ,advisory ,board shall consist of #i members4 7ii7 ,membership ,the members of the ,board shall be appointed by the ,secretary4 7iii7 ,status ,members of the ,board represent the interests of the citrus industry and shall not be considered officers or employees of the ,federal ,government solely due to membership on the ,board4 7,b7 ,distribution of appointments ,the membership of the ,board shall consist of-- 7i7 #e members who are domestic producers of citrus in ,florida2 7ii7 #c members who are domestic producers of citrus in ,arizona or ,california2 and 7iii7 #a member who is a domestic producer of citrus in ,texas4 7,c7 ,consultation ,prior to making appointments to the ,board1 the ,secretary shall consult with organizations composed primarily of citrus producers to receive advice and recommendations regarding ,board membership4 7,d7 ,board vacancies 7i7 ,in general ,the ,secretary shall appoint a new ,board member to serve the remainder of a term vacated by a departing ,board member4 7ii7 ,requirements ,when filling a vacancy on the ,board1 the ,secretary shall-- 7,i7 appoint a citrus producer from the same ,state as the ,board member being replaced2 and 7,,ii7 prior to making an appointment1 consult with organizations in that ,state composed primarily of citrus producers to receive advice and recommendations regarding the vacancy4 7,e7 ,terms 7i7 ,in general ,except as provided in clause 7ii71 each term of appointment to the ,board shall be for #e years4 7ii7 ,initial appointments ,in making initial appointments to the ,board1 the ,secretary shall appoint #a_/c of the members to terms of #a1 #c1 and #e years1 respectively4 7,f7 ,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 appointed1 or fails to fulfill the duties of the member according to the rules established by the ,board under paragraph 7#d77;,a77ii71 the member or alternate shall be disqualified from serving on the ,board4 7,g7 ,compensation 7i7 ,in general ,the members of the ,board shall serve without compensation1 other than travel expenses described in clause 7ii74 7ii7 ,travel expenses ,a member of the ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7#c7 ,powers 7,a7 ,gifts ,the ,board may accept1 use1 and dispose of gifts or donations of services or property4 7,b7 ,postal services ,the ,board may use the ,united ,states mails in the same manner and under the same conditions as other agencies of the ,federal ,government4 7,c7 ,volunteer services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,board may accept and use the services of volunteers serving without compensation4 7,d7 ,technical and logistical support ,subject to the availability of funds1 the ,secretary shall provide to the ,board technical and logistical support through contract or other means1 including-- 7i7 procuring the services of experts and consultants in accordance with section #caji7;b7 of title #e1 ,united ,states ,code1 but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section #eccb of that title2 and 7ii7 entering into contracts with departments1 agencies1 and instrumentalities of the ,federal ,government1 ,state agencies1 and private entities for the preparation of reports1 surveys1 and other activities4 7,e7 ,detail of ,federal ,government employees 7i7 ,in general ,an employee of the ,federal ,government may be detailed to the ,commission on a reimbursable or nonreimbursable basis4 7ii7 ,civil service status ,the detail of the employee shall be without interruption or loss of civil service status or privilege4 7,f7 ,general ,services ,administration ,the ,administrator of ,general ,services shall provide to the ,board on a reimbursable basis administrative support and other services for the performance of the duties of the ,board4 7,g7 ,other ,departments and ,agencies ,departments and agencies of the ,united ,states may provide to the ,board such services1 funds1 facilities1 staff1 and other support services as may be appropriate4 7#d7 ,general responsibilities of the ,board 7,a7 ,in general ,the regulations promulgated by the ,secretary shall define the general responsibilities of the ,board1 which shall include the responsibilities-- 7i7 to meet1 organize1 and select from among the members of the ,board a chairperson1 other officers1 and committees and subcommittees1 as the ,board determines to be appropriate2 7ii7 to adopt and amend rules and regulations governing the conduct of the activities of the ,board and the performance of the duties of the ,board2 7iii7 to hire such experts and consultants as the ,board considers necessary to enable the ,board to perform the duties of the ,board2 7iv7 to advise the ,secretary on citrus research and development needs2 7v7 to propose a research and development agenda and annual budgets for the ,trust ,fund2 7vi7 to evaluate and review ongoing research funded by ,trust ,fund2 7vii7 to engage in regular consultation and collaboration with the ,department and other institutional1 governmental1 and private actors conducting scientific research into the causes or treatments of citrus diseases and pests1 both domestic and invasive1 so as to-- 7,i7 maximize the effectiveness of the activities2 7,,ii7 hasten the development of useful treatments2 and 7,,iii7 avoid duplicative and wasteful expenditures2 and 7viii7 to provide the ,secretary with such information and advice as the ,secretary may request4 7#e7 ,citrus research and development agenda and budgets 7,a7 ,in general ,the ,board shall submit annually to the ,secretary a proposed research and development agenda and budget for the ,trust ,fund1 which shall include-- 7i7 an evaluation of ongoing research and development efforts2 7ii7 specific recommendations for new citrus research projects2 7iii7 a plan for the dissemination and commercialization of relevant information1 techniques1 and technologies discovered pursuant to research funded through the ,trust ,fund2 and 7iv7 a justification for ,trust ,fund expenditures4 7,b7 ,affirmative support required ,a research and development agenda and budget may not be submitted by the ,board to the ,secretary without the affirmative support of at least #g members of the ,board4 7,c7 ,secretarial approval 7i7 ,in general ,not later than #fj days after receiving the proposed research and development agenda and budget from the ,board and consulting with the ,board1 the ,secretary shall finalize a citrus research and development agenda and ,trust ,fund budget4 7ii7 ,considerations ,in finalizing the agenda and budget1 the ,secretary shall-- 7,i7 due to the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production1 give strong deference to the proposed research and development agenda and budget from the ,board2 and 7,,ii7 take into account other public and private citrus-related research and development projects and funding4 7,d7 ,report to ,congress ,each year1 the ,secretary shall submit to the ,committee on ,agriculture and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,finance of the ,senate a report that includes-- 7i7 the most recent citrus research and development agenda and budget of the ,secretary2 7ii7 an analysis of how1 why1 and to what extent the agenda and budget finalized by the ,secretary differs from the proposal of the ,board2 7iii7 an examination of new developments in the spread and control of citrus diseases and pests2 7iv7 a discussion of projected research needs2 and 7v7 a review of the effectiveness of the ,trust ,fund in achieving the purpose described in subsection 7a74 7#f7 ,contracts and agreements ,to ensure the efficient use of funds1 the ,secretary may enter into contracts or agreements with public or private entities for the implementation of a plan or project for citrus research4 7d7 ,administrative costs ,each fiscal year1 the ,secretary may transfer up to #b1jjj1jjj of amounts in the ,trust ,fund to the ,board for expenses incurred by the ,board in carrying out the duties of the ,board4 7e7 ,termination of ,board ,the ,board shall terminate on ,december #ca of the fifth calendar year that begins after the date of the enactment of this ,act4 #e4 ,time for payment of corporate estimated taxes ,notwithstanding section #ffee of the ,internal ,revenue ,code of #aihf1 in the case of a corporation with assets of not less than #a1jjj1jjj1jjj 7determined as of the end of the preceding taxable year7-- 7#a7 the amount of any required installment of corporate estimated tax which is otherwise due in ,july1 ,august1 or ,september of #bjah shall be increased by #j4be percent of such amount 7determined without regard to any increase in such amount not contained in such ,code72 and 7#b7 the amount of the next required installment after an installment referred to in paragraph 7#a7 shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph4 #f4 ,extension of customs user fees ,section #acjca7;j77#c7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7j77#c77 is amended by adding at the end the following3 7,c7 7i7 ,notwithstanding subparagraph 7,a71 fees may be charged under paragraphs 7#i7 and 7#aj7 of subsection 7a7 during the period beginning on ,october #bc1 #bjba1 and ending on ,november #f1 #bjba4 7ii7 ,notwithstanding subparagraph 7,b77i71 fees may be charged under paragraphs 7#a7 through 7#h7 of subsection 7a7 during the period beginning on ,october #cj1 #bjba1 and ending on ,november #ac1 #bjba4 4