§5623 Agricultural Trade Promotion and Facilitation

Summary

The Secretary must run programs to help U.S. farmers sell more abroad and to share information and cooperation with other countries. One program, the Market Access Program, pays part of the costs for eligible trade groups to do foreign marketing. To get help, a group must send a marketing plan, meet rules, and sign an agreement. The plan must show what advertising or promotion will be done, how money will be spent, and what market goals will be reached. Branded advertising help is normally limited to 50 percent of the cost, unless the U.S. Trade Representative gives a favorable trade decision and the Secretary documents a different rule. The Secretary can give multiyear help but will check groups at least every 15 months, and can stop help if a group breaks the rules, fails to meet goals, or does not provide its share. Funds may not be used for tobacco, may not directly fund foreign companies to promote foreign products, and generally may not go to large for-profit firms except cooperatives, certain associations, or nonprofit trade groups. Branded promotion for U.S. products can be supported if the product’s beneficiaries put in at least the same amount of money, and small groups should get priority. For nonbranded promotion the Secretary should require at least a 10 percent contribution from the group. If needed after review or audit, the Secretary may require an independent audit. Defined terms in the law include an “eligible trade organization” in subsection (b) (U.S. trade groups, cooperatives, state agencies, or private groups that promote U.S. farm exports and do not profit directly from specific sales), an “eligible trade organization” in subsection (c) (a U.S. trade group that promotes exports and has no business interest in specific sales), and “emerging market” (a country or territory moving toward a market economy that could buy U.S. farm goods). The Commodity Credit Corporation must pay for these programs. For each of fiscal years 2019 through 2023, $255,000,000 per year must be used to run the programs. At least $200,000,000 each year must go to market access (subsection (b)), at least $34,500,000 to the cooperator program (subsection (c)), up to $8,000,000 to the emerging markets work (subsection (d)), and $9,000,000 to the specialty crops export assistance program (subsection (e)). An extra $3,500,000 a year is set aside for priority activities, and unspent funds after one year may be moved to that priority fund. The Secretary must review and simplify specialty-crop rules within 1 year after December 20, 2018, and must report yearly to Congress on factors affecting specialty-crop exports and on any unobligated funds. Funds may be used in Cuba for the market access and cooperator programs unless they conflict with the President’s June 16, 2017 memorandum. Additional money may be appropriated as needed.