[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1295 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1295

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

                             June 29, 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 for citrus disease research and 
        development expenditures.--Amounts in the Trust Fund shall be 
        available to the Secretary of Agriculture--
                    ``(A) for expenditures relating to citrus disease 
                research and development under section 4 of the Citrus 
                Disease Research and Development Trust Fund Act of 
                2011, including costs relating to contracts or other 
                agreements entered into to carry out citrus disease 
                research and development; and
                    ``(B) to cover administrative costs incurred by the 
                Secretary in carrying out the provisions of that Act.
    ``(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, 2013, 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) a detailed description of the amounts disbursed from 
        the Trust Fund in the preceding fiscal year and the manner in 
        which those amounts were expended;
            ``(2) an assessment of the financial condition and the 
        operations of the Trust Fund for the current fiscal year; and
            ``(3) an assessment of the amounts available in the Trust 
        Fund for future expenditures.
    ``(f) 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 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 the Citrus Disease Research and Development Trust Fund Act 
of 2011 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 TRUST FUND ADVISORY 
              BOARD.

    (a) 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--
            (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 Trust Fund Advisory 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 advisory board.--
                    (A) Establishment and membership.--
                            (i) Establishment.--The Citrus Disease 
                        Research and Development Trust Fund Advisory 
                        Board shall consist of 9 members.
                            (ii) Membership.--The members of the Board 
                        shall be appointed by the Secretary.
                            (iii) 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 Board.
                    (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) Consultation.--Prior to making appointments to 
                the Board, the Secretary shall consult with 
                organizations composed primarily of citrus producers to 
                receive advice and recommendations regarding Board 
                membership.
                    (D) Board vacancies.--
                            (i) In general.--The Secretary shall 
                        appoint a new Board member to serve the 
                        remainder of a term vacated by a departing 
                        Board member.
                            (ii) Requirements.--When filling a vacancy 
                        on the Board, the Secretary shall--
                                    (I) appoint a citrus producer from 
                                the same State as the Board member 
                                being replaced; and
                                    (II) prior to making an 
                                appointment, consult with organizations 
                                in that State composed primarily of 
                                citrus producers to receive advice and 
                                recommendations regarding the vacancy.
                    (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 (4)(A)(ii), 
                the member or alternate shall be disqualified from 
                serving on the Board.
                    (G) Compensation.--
                            (i) In general.--The members of the Board 
                        shall serve without compensation, other than 
                        travel expenses described in clause (ii).
                            (ii) Travel expenses.--A member of the 
                        Board shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for an employee of an agency 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from the home or 
                        regular place of business of the member in the 
                        performance of the duties of the Board.
            (3) Powers.--
                    (A) Gifts.--The Board may accept, use, and dispose 
                of gifts or donations of services or property.
                    (B) 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 Government.
                    (C) Volunteer services.--Notwithstanding section 
                1342 of title 31, United States Code, the Board may 
                accept and use the services of volunteers serving 
                without compensation.
                    (D) Technical and logistical support.--Subject to 
                the availability of funds, the Secretary shall provide 
                to the Board technical and logistical support through 
                contract or other means, including--
                            (i) procuring the services of experts and 
                        consultants in accordance with section 3109(b) 
                        of title 5, United States Code, but at rates 
                        for individuals not to exceed the daily 
                        equivalent of the highest rate payable under 
                        section 5332 of that title; and
                            (ii) entering into contracts with 
                        departments, agencies, and instrumentalities of 
                        the Federal Government, State agencies, and 
                        private entities for the preparation of 
                        reports, surveys, and other activities.
                    (E) Detail of federal government employees.--
                            (i) In general.--An employee of the Federal 
                        Government may be detailed to the Commission on 
                        a reimbursable or nonreimbursable basis.
                            (ii) Civil service status.--The detail of 
                        the employee shall be without interruption or 
                        loss of civil service status or privilege.
                    (F) 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 Board.
                    (G) Other departments and agencies.--Departments 
                and agencies of the United States may provide to the 
                Board such services, funds, facilities, staff, and 
                other support services as may be appropriate.
            (4) 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 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;
                            (ii) 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;
                            (iii) to hire such experts and consultants 
                        as the Board considers necessary to enable the 
                        Board to perform the duties of the Board;
                            (iv) to advise the Secretary on citrus 
                        research and development needs;
                            (v) to propose a research and development 
                        agenda and annual budgets for the Trust Fund;
                            (vi) to evaluate and review ongoing 
                        research funded by Trust Fund;
                            (vii) 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; and
                            (viii) to provide the Secretary with such 
                        information and advice as the Secretary may 
                        request.
            (5) Citrus research and development agenda and budgets.--
                    (A) In general.--The Board shall submit annually to 
                the Secretary a proposed research and development 
                agenda and budget for the Trust Fund, which shall 
                include--
                            (i) an evaluation of ongoing research and 
                        development efforts;
                            (ii) specific recommendations for new 
                        citrus research projects;
                            (iii) a plan for the dissemination and 
                        commercialization of relevant information, 
                        techniques, and technologies discovered 
                        pursuant to research funded through the Trust 
                        Fund; and
                            (iv) a justification for Trust Fund 
                        expenditures.
                    (B) 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 7 members of the Board.
                    (C) Secretarial approval.--
                            (i) In general.--Not later than 60 days 
                        after receiving the proposed research and 
                        development agenda and budget from the Board 
                        and consulting with the Board, the Secretary 
                        shall finalize a citrus research and 
                        development agenda and Trust Fund budget.
                            (ii) Considerations.--In finalizing the 
                        agenda and budget, the Secretary shall--
                                    (I) 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 production, give 
                                strong deference to the proposed 
                                research and development agenda and 
                                budget from the Board; and
                                    (II) take into account other public 
                                and private citrus-related research and 
                                development projects and funding.
                    (D) Report to congress.--Each year, 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 Agriculture, 
                Nutrition, and Forestry and the Committee on Finance of 
                the Senate a report that includes--
                            (i) the most recent citrus research and 
                        development agenda and budget of the Secretary;
                            (ii) an analysis of how, why, and to what 
                        extent the agenda and budget finalized by the 
                        Secretary differs from the proposal of the 
                        Board;
                            (iii) an examination of new developments in 
                        the spread and control of citrus diseases and 
                        pests;
                            (iv) a discussion of projected research 
                        needs; and
                            (v) a review of the effectiveness of the 
                        Trust Fund in achieving the purpose described 
                        in subsection (a).
            (6) Contracts and agreements.--To ensure the efficient use 
        of funds, the Secretary may enter into contracts or agreements 
        with public or private entities for the implementation of a 
        plan or project for citrus research.
    (d) Administrative Costs.--Each fiscal year, the Secretary may 
transfer up to $2,000,000 of amounts in the Trust Fund to the Board for 
expenses incurred by the Board in carrying out the duties of the Board.
    (e) Termination of Board.--The Board shall terminate on December 31 
of the fifth calendar year that begins after the date of enactment of 
this Act.
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