§ 5623.
(a)
Establishment
The Secretary shall carry out activities under this section—
(1)
to access, develop, maintain, and expand markets for United States agricultural commodities; and
(2)
to promote cooperation and the exchange of information.
(b)
Market Access Program
(1)
Definition of eligible trade organization
In this subsection, the term “eligible trade organization” means—
(A)
a United States agricultural trade organization or regional State-related organization that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities;
(B)
a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or
(C)
a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.
(3)
Participation requirements
(A)
Marketing plan and other requirements
To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—
(i)
prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary;
(ii)
meet any other requirements established by the Secretary; and
(iii)
enter into an agreement with the Secretary.
(B)
Purpose of marketing plan
(C)
Specific elements
To be approved by the Secretary, a marketing plan submitted under this paragraph shall—
(i)
specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in implementing the marketing plan;
(ii)
establish specific market goals to be achieved under the marketing plan; and
(iii)
contain whatever additional requirements are determined by the Secretary to be necessary.
(4)
Level of assistance and cost-share requirements
(B)
Limitation on branded promotion
(5)
Other terms and conditions
(B)
Termination of assistance
The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—
(i)
the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;
(ii)
the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;
(iii)
the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or
(iv)
the Secretary determines that termination of assistance in a particular instance is in the best interests of the Market Access Program.
(C)
Evaluations
Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expenditures by the eligible trade organization of such assistance, including the following:
(i)
An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.
(ii)
An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.
(iii)
A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.
(6)
Restrictions on use of funds
Assistance provided under this subsection to an eligible trade organization may not be used—
(A)
to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or
(B)
to provide direct assistance to any for-profit corporation that is not recognized as a small business concern (as described in
section 632(a) of title 15), excluding—
(iii)
a nonprofit trade association.
(7)
Permissive use of funds
(9)
Contribution level
(B)
Increases in contribution level
(c)
Foreign Market Development Cooperator Program
(1)
Definition of eligible trade organization
In this subsection, the term “eligible trade organization” means a United States trade organization that—
(A)
promotes the export of 1 or more United States agricultural commodities; and
(B)
does not have a business interest in or receive remuneration from specific sales of agricultural commodities.
(3)
Use of funds
Funds made available to carry out this subsection shall be used only to provide—
(A)
cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organization; and
(B)
assistance for other costs that are appropriate to carry out the Foreign Market Development Cooperator Program, including contingent liabilities that are not otherwise funded.
(d)
E (Kika) de la Garza Emerging Markets Program
(1)
Definition of emerging market
In this subsection, the term “emerging market” means any country, foreign territory, customs union, or other economic market that the Secretary determines—
(A)
is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and
(B)
has the potential to provide a viable and significant market for United States agricultural commodities.
(2)
Establishment
The Secretary shall establish and carry out a program, to be known as the “E (Kika) de la Garza Emerging Markets Program”—
(A)
to develop agricultural markets in emerging markets; and
(B)
to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.
(3)
Development of agricultural systems
(A)
In general
(i)
Implementation
To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the expertise of the United States—
(I)
to make assessments of food and rural business systems needs;
(II)
to make recommendations on measures necessary to enhance the effectiveness of the food and rural business systems described in subclause (I), including potential reductions in trade barriers; and
(III)
to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in subclause (I).
(B)
Experts from the United States
The Secretary may implement subparagraph (A) by providing—
(i)
assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in subparagraph (A)(i) in emerging markets;
(ii)
for necessary subsistence and transportation expenses of—
(I)
United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities from emerging markets; and
(II)
individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets.
(e)
Technical assistance for specialty crops
(3)
Priority
The program shall address time sensitive and strategic market access projects based on—
(A)
trade effect on market retention, market access, and market expansion; and
(5)
Outreach and technical assistance
The Secretary shall—
(A)
conduct outreach to inform eligible organizations of the requirements of the program and the process by which such organizations may submit proposals for funding;
(B)
provide technical assistance to eligible organizations to assist in developing proposals and complying with the requirements of the program; and
(C)
solicit input from eligible organizations on improvements to streamline and facilitate the provision of assistance under this subsection.
(6)
Regulations and procedures
(B)
Considerations
In reviewing and making revisions under subparagraph (A), the Secretary shall consider—
(i)
establishing accountability standards that are appropriate for the size and scope of a project; and
(ii)
establishing streamlined application and approval processes, including for smaller-scale projects or projects to address time-sensitive trade barriers.
(7)
Annual report
Each year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the period covered by the report, a description of—
(A)
each factor that affects the export of specialty crops, including each factor relating to any—
(i)
significant sanitary or phytosanitary issue;
(iii)
emerging sanitary or phytosanitary issue or trade barrier; and
(B)
(i)
any funds provided under subsection (f)(3)(A)(iv) that were not obligated in a fiscal year; and
(ii)
the reason such funds were not obligated.
([Pub. L. 95–501, title II, § 203], as added [Pub. L. 101–624, title XV, § 1531], Nov. 28, 1990, [104 Stat. 3674]; amended [Pub. L. 102–237, title III, § 309], Dec. 13, 1991, [105 Stat. 1856]; [Pub. L. 103–66, title I, § 1302(b)(1)], Aug. 10, 1993, [107 Stat. 330]; [Pub. L. 103–465, title IV, § 411(d)], Dec. 8, 1994, [108 Stat. 4963]; [Pub. L. 104–127, title II, § 244(a)(1)], (b), Apr. 4, 1996, [110 Stat. 967], 968; [Pub. L. 110–246, title III, § 3102(a)], June 18, 2008, [122 Stat. 1832]; [Pub. L. 115–334, title III, § 3201(a)], Dec. 20, 2018, [132 Stat. 4608].)