Sec. 3201. Priority trade promotion, development, and assistance

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Title II of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5621 et seq.) is amended by adding at the end the following: The Secretary shall carry out activities under this subtitle— to access, develop, maintain, and expand markets for United States agricultural commodities; and to promote cooperation and the exchange of information. The Commodity Credit Corporation shall establish and carry out a program to encourage the development, maintenance, and expansion of commercial export markets for agricultural commodities (including commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ))) through cost-share assistance to eligible trade organizations that implement a foreign market development program.

Assistance under this section may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary. To be eligible for cost-share assistance under this section, an organization shall— be an eligible trade organization; prepare and submit a marketing plan to the Secretary that meets the guidelines governing such plans established by the Secretary; and meet any other requirements established by the Secretary.

An eligible trade organization shall be— a United States agricultural trade organization or regional State-related organization that— promotes the export and sale of agricultural commodities; and does not stand to profit directly from specific sales of agricultural commodities; a cooperative organization or State agency that promotes the sale of agricultural commodities; or a private organization that promotes the export and sale of agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.

A marketing plan submitted by an eligible trade organization under this section shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this section is being requested. To be approved by the Secretary, a marketing plan submitted under this subsection shall— 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; establish specific market goals to be achieved as a result of the market access program; and contain any additional requirements that the Secretary determines to be necessary.

A marketing plan may be amended by the eligible trade organization at any time, with the approval of the Secretary. An agreement entered into under this section may provide for the use of branded advertising to promote the sale of agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary. The Secretary may provide assistance under this section on a multiyear basis, subject to annual review by the Secretary for compliance with the approved marketing plan.

The Secretary may terminate any assistance made, or to be made, available under this section if the Secretary determines that— the eligible trade organization is not adhering to the terms and conditions of the program established under this section; the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the market access program; the eligible trade organization is not adequately contributing its own resources to the market access program; or the Secretary determines that termination of assistance in a particular instance is in the best interests of the program.

The Secretary shall monitor the expenditure of funds received under this section by recipients of those funds. The Secretary shall make evaluations of the expenditure of funds received under this section, including— an evaluation of the effectiveness of the program in developing or maintaining markets for United States agricultural commodities; an evaluation of whether assistance provided under this section is necessary to maintain markets for United States agricultural commodities; and a thorough accounting of the expenditure of those funds by the recipient.

The Secretary shall make an initial evaluation of expenditures of a recipient under this paragraph not later than 15 months after the initial provision of funds to the recipient. Funds made available to carry out this section— shall not be used to provide direct assistance to any foreign for-profit corporation for the use of the corporation in promoting foreign-produced products; shall not be used to provide direct assistance to any for-profit corporation that is not recognized as a small-business concern described in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ), excluding— a cooperative; an association described in the first section of the Act entitled An Act to authorize association of producers of agricultural products , approved February 18, 1922 ( 7 U.S.C. 291 ); and a nonprofit trade association; and may be used by a United States trade association, cooperative, or small business for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this section.

The Secretary shall justify in writing the level of assistance provided to an eligible trade organization under the program under this section and the level of cost-sharing required of the organization. Except as provided in subparagraph (B), assistance provided under this section for activities described in subsection (e)(4) shall not exceed 50 percent of the cost of implementing the marketing plan. The Secretary may determine not to apply the limitation described in subparagraph

(A)in the case of agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). Criteria for determining that the limitation shall not apply under clause

(i)shall be consistent and documented. In this section, the term eligible trade organization means a United States trade organization that— promotes the export of 1 or more United States agricultural commodities; and does not have a business interest in or receive remuneration from specific sales of agricultural commodities. The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities, with a continued significant emphasis on the importance of the export of value-added United States agricultural commodities into emerging markets. Funds made available to carry out this section shall be used only to provide— cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organization; and assistance for other costs that are appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded. In this section, the term emerging market means any country, foreign territory, customs union, or other economic market that the Secretary determines— is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of that country, territory, customs union, or other economic market, as applicable; and has the potential to provide a viable and significant market for United States agricultural commodities. The Secretary shall establish a program, to be known as the E

(Kika)de la Garza Agricultural Fellowship Program — to develop agricultural markets in emerging markets; and to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets. 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— to make assessments of food and rural business systems needs; to make recommendations on measures necessary to enhance the effectiveness of the food and rural business systems described in clause (i), including potential reductions in trade barriers; and to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in clause (i). The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year. The Secretary may implement paragraph

(1)by providing— 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 paragraph (1)(A) in emerging markets; necessary subsistence expenses in the United States and necessary transportation expenses by individuals designated by emerging markets to enable those individuals to consult with food and rural business system experts in the United States to enhance those systems of those emerging markets; necessary subsistence expenses in emerging markets and necessary transportation expenses of United States food and rural business system experts, agricultural producers, and other individuals knowledgeable in agricultural and agribusiness matters to assist in transferring knowledge and expertise to entities in emerging markets; and necessary subsistence expenses and necessary transportation expenses of United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agriculture and agribusiness matters, and of individuals designated by emerging markets, to enable those designated individuals to consult with those United States experts— to enhance food and rural business systems of emerging markets; and to transfer knowledge and expertise to emerging markets. The Secretary shall encourage the nongovernmental experts described in paragraph

(2)to share the costs of, and otherwise assist in, the participation of those experts in the program under this subsection. The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging markets, including recommendations, projects, and opportunities described in clauses

(ii)and

(iii)of paragraph (1)(A). A team that receives assistance under paragraph (2)(A) shall prepare and submit to the Secretary such reports as the Secretary may require. To provide the Secretary with information that may be useful to the Secretary in carrying out this subsection, the Secretary may establish an advisory committee composed of representatives of the various sectors of the food and rural business systems of the United States. The authority provided under this subsection shall be in addition to and not in place of any other authority of the Secretary or the Commodity Credit Corporation. The Secretary of Agriculture shall establish an export assistance program (referred to in this section as the program ) to address existing or potential unique barriers that prohibit or threaten the export of United States specialty crops. The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 2(e) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(e) ), to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade. The program shall address time sensitive and strategic market access projects based on— trade effect on market retention, market access, and market expansion; and trade impact. The Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose of the program described in subsection (b). 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— each factor that affects the export of specialty crops, including each factor relating to any— significant sanitary or phytosanitary issue; trade barrier; or emerging sanitary or phytosanitary issue or trade barrier; and any funds provided under section 226(c)(4) that were not obligated in a fiscal year; and a description of why the funds described in subparagraph

(A)were not obligated. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subtitle. For each of fiscal years 2019 through 2023, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, the Secretary shall use to carry out this subtitle $259,500,000, to remain available until expended. For each of fiscal years 2019 through 2023, the Secretary shall allocate funds to carry out this subtitle in accordance with the following: For market access activities authorized under section 222, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year. To carry out section 223, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $34,500,000 for each fiscal year. To provide assistance under section 224, of the funds of the Commodity Credit Corporation, not more than $10,000,000 for each fiscal year. To carry out section 225, of the funds of the Commodity Credit Corporation, not less than $9,000,000 for each fiscal year, to remain available until expended. In addition to the amounts allocated under paragraphs

(1)through (4), and notwithstanding any limitations in those paragraphs, as determined by the Secretary, for 1 or more programs under this subtitle for authorized activities to access, develop, maintain, and expand markets for United States agricultural commodities, $6,000,000 for each fiscal year. In allocating funds made available under subparagraph (A), the Secretary may consider providing a greater allocation to 1 or more programs under this subtitle for which the amounts requested under applications exceed available funding for the 1 or more programs. Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7207 ) or any other provision of law, funds made available under this section may be used to carry out the programs authorized under sections 222 and 223 in Cuba. Funds may not be used as described in the previous sentence in contravention with directives set forth under the National Security Presidential Memorandum entitled ‘Strengthening the Policy of the United States Toward Cuba’ issued by the President on June 16, 2017, during the period in which that memorandum is in effect. In addition to any other amounts provided under this section, there are authorized to be appropriated such sums as are necessary to carry out the programs and authorities under subsection (c)(5) and sections 222 through 225. . Section 203 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623 ) is repealed. Section 211 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641 ) is amended by striking subsection (c). Section 402(a)(1) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5662(a)(1) ) is amended by striking 203 and inserting 222 . Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(f)(2)(C) ) is amended by striking section 203 of the Agricultural Trade Act of 1978 ( and inserting 7 U.S.C. 5623 ) section 222 of the Agricultural Trade Act of 1978 . Section 718 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 ( 7 U.S.C. 5623 note; Public Law 105–277 ) is amended by striking section 203 of the Agricultural Trade Act of 1978 ( and inserting 7 U.S.C. 5623 ) section 222 of the Agricultural Trade Act of 1978 . Section 1302(b) of the Agricultural Reconciliation Act of 1993 ( 7 U.S.C. 5623 note; Public Law 103–66 ) is amended— in the matter preceding paragraph (1), by striking section 203 of the Agricultural Trade Act of 1978 ( and inserting 7 U.S.C. 5623 ) section 222 of the Agricultural Trade Act of 1978 ; and in paragraph (2), in the matter preceding subparagraph (A), by striking section 203 of such Act and inserting section 222 of that Act . Title VII of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5721 et seq.) is repealed. Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101–624 ) is amended— by striking subsection (d); by redesignating subsections

(e)and

(f)as subsections

(d)and (e), respectively; and in subsection

(e)(as so redesignated)— in the matter preceding paragraph (1), by striking country and inserting country, foreign territory, customs union, or economic market ; and in paragraph (1), by striking the country and inserting that country, foreign territory, customs union, or economic market, as applicable . Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3293(b)(5) ) is amended by striking section 1542(f) and inserting section 1542(e) . Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5679(c)(2) ) is amended by inserting and section 224 of the Agricultural Trade Act of 1978 after section 1542 . Section 3205 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680 ) is repealed.

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