port of one or more United States agricultural commod-
ities and that does not have a business interest in or re-
ceive remuneration from specific sales of agricultural com-
modities.
(b) REQUIREMENTS FOR PARTICIPATION.—
(1) ELIGIBLE TRADE ORGANIZATION.—In order
for an eligible trade organization to enter a contract
or agreement with the Secretary of Agriculture for
the conduct of foreign market development activities
as a cooperator under this Act, the organization
shall—
(A) establish that it is funded primarily by
United States members of the industry it rep-
resents;
(B) prepare and submit to the Secretary of
Agriculture annually a marketing plan as pro-
vided for under section 5; and
(C) meet any other appropriate require-
ments established by the Secretary for partici-
pation in the foreign market development co-
operator program established under this Act.
In addition, each participant shall endeavor to pro-
vide an annual contribution for activities under the
marketing plan that is equal to or greater than the
amount provided for such activities by the Depart-
ment of Agriculture.
(2) CRITERIA FOR APPROVAL OF CONTRACTS
AND
AGREEMENTS.—The Secretary of Agriculture
may enter into a contract or agreement with an eli-
gible trade organization for the conduct of foreign
market development activities under this Act only if
the Secretary determines that the activities under
the eligible trade organization’s marketing plans—
(A) have a strong likelihood of achieving
success in maintaining or increasing foreign
consumption and imports of one or more United
States agricultural commodity;
(B) will make long-range contributions to
United States agricultural exports;
(C) focus on a commodity or commodities
the export of which is important to United
States agriculture and this Nation’s foreign bal-
ance of payments;
(D) include the provision by the eligible
trade organization of a competent United
States-based staff and other resources to ensure
adequate development, supervision, and execu-
tion of project activities;
(E) are coupled with a commitment by pri-
vate organizations to back up promotional ac-
tivities with aggressive selling and adequate
supplies of the commodity involved or the qual-
ity desired by foreign buyers; and
(F) are focused on markets for which the
United States is in competition with other ex-
porting countries.
SEC. 4. COOPERATOR RESPONSIBILITIES.
(a) TRADE SERVICING, TECHNICAL ASSISTANCE,
AND CONSUMER EDUCATION.—
(1) IN GENERAL.—Eligible trade organizations
participating in the foreign market development co-
operator program under this Act shall provide mar-
ket development and customer support services out-
side the United States directed at foreign pur-
chasers, potential purchasers, and users of United
States agricultural commodities, through trade serv-
icing, technical assistance, and consumer education.
(2) SPECIFIC
GOALS.—Trade servicing, tech-
nical assistance, and consumer education by each eli-
gible trade organization under subsection (a) shall
be conducted so as to achieve the following goals (as
well as other appropriate goals specified by the Sec-
retary by regulation):
(A) To increase foreign consumer and com-
mercial use of the United States commodity in-
volved and products made from such commod-
ity, to develop long-term foreign demand for the
commodity, and to help overcome constraints to
United States exports of the commodity in-
volved.
(B) To establish a long-term presence in
foreign markets for the commodity involved.
(C) To enable foreign users of the com-
modity and products made from the commodity
to enhance their competitiveness, analyze mar-
kets, improve end use quality, and respond to
consumption trends.
(D) To make maximum use of new tech-
nologies, including satellite transmissions, to
disseminate trade information and enhance in-
dustry technologies that will expand demand for
the commodity.
(E) To increase technical contact between
the United States production industry for the
commodity and foreign customers and users so
as to achieve better and more accurate market
analyses and trade intelligence collected in the
public and private sector.
(F) To identify third parties to contribute
to the implementation of activities conducted
under the eligible trade organization’s annual
marketing plan either through cash or in-kind
contributions.
(b) COORDINATION, ASSISTANCE, AND CONSULTA-
TION.—
(1) COORDINATION AND ASSISTANCE.—Eligible
trade organizations participating in the foreign mar-
ket development cooperator program under this Act
shall coordinate their activities with those of agricul-
tural trade officers of the Foreign Agricultural Serv-
ice. In turn, such officers and other Foreign Agricul-
tural Service personnel shall assist the eligible trade
organizations in the development and operation of
trade promotion programs that use product exhibits,
trade teams, market information services, and trade
referral services to expand international markets for
United States agricultural commodities.
(2) CONSULTATION.—Eligible trade organiza-
tions shall consult with the staff of the Foreign Ag-
ricultural Service to ensure that their annual mar-
keting plans under this Act are consistent with and
complement the foreign market development activi-
ties of the Service.
SEC. 5. ANNUAL MARKETING PLANS.
(a) IN GENERAL.—An eligible trade organization
participating in and receiving assistance for any year
under the foreign market development cooperator program
established under this Act shall develop and submit to the
Secretary of Agriculture a marketing plan to carry out
trade servicing, technical assistance, and consumer edu-
cation, as provided for in section 4(a), for such year.
(b) REQUIREMENT FOR PLANS.—Each annual mar-
keting plan submitted by an eligible trade organization
under subsection (a) shall specifically describe the manner
in which assistance received by the organization in con-
junction with funds and services provided by or through
the organization will be expended in implementing the
plan.
(c) AMENDMENTS.—An annual marketing plan may
be amended at any time by the eligible trade organization
with the approval of the Secretary of Agriculture.
SEC. 6. OVERSIGHT.
(a) MONITORING.—The Secretary of Agriculture
shall monitor the expenditure of funds received by each
eligible trade organization under this Act.
(b) REPORTS, BOOKS, AND RECORDS.—Each eligible
trade organization receiving assistance under this Act
shall—
(1) keep financial accounts of, submit regular
reports providing information on, activities con-
ducted and funds spent under the organization’s an-
nual marketing plan; and
(2) make available to the Secretary of Agri-
culture for inspection, at any reasonable time and
place, the books and records of its business and fi-
nancial transactions.
(c) AUDITS.—Each eligible trade organization receiv-
ing assistance under the foreign market development co-
operator program under this Act shall have conducted an
audit or financial review of the organization’s activities
under such program, which shall accurately account for
funds and services received and expended under this Act.
(d) EVALUATION.—
(1) IN GENERAL.—The Secretary of Agriculture
shall periodically evaluate the foreign market devel-
opment activities of each eligible trade organization
to determine whether the organization is in compli-
ance with its annual marketing plan and to deter-
mine the effectiveness of the organization’s activities
under the plan in maintaining and developing mar-
kets for United States agricultural commodities, tak-
ing into consideration the difficulty of precisely
quantifying the effects of long-term trade servicing
and technical assistance.
(2) HIGH-VOLUME
AGRICULTURAL
COMMOD-
ITIES.—With respect to activities directed toward
maintenance and development of markets for high-
volume agricultural commodities, in performing such
evaluations, the Secretary shall consider—
(A) the long-term benefits of a United
States presence in foreign markets for such
commodity given the benefit to the United
States economy as a whole of a strong high-vol-
ume commodity export sector; and
(B) the intense competition by other ex-
porting countries in the international markets
for such commodities.
SEC. 7. IMPLEMENTATION DATE AND TRANSITION.
(a) IMPLEMENTATION DATE.—The Secretary of Ag-
riculture shall establish the foreign market development
cooperator program authorized under this Act not later
than 90 days after the enactment of this Act.
(b) TRANSITION.—In establishing the program au-
thorized under this Act, the Secretary shall ensure that
on-going foreign market development cooperator projects
and activities are continued and appropriately incor-
porated into the program under this Act.
SEC. 8. CONFORMING PROVISIONS.
(a) AMENDMENT TO AGRICULTURAL ACT OF 1954.—
Section 601 of the Agricultural Act of 1954 (7 U.S.C.
1761) is amended by redesignating the existing text as
subsection (a) and adding at the end a new subsection as
follows:
‘‘(b) The Secretary of Agriculture shall coordinate ac-
tivities conducted under subsection (a) with the conduct
of the programs authorized under the ‘Agriculture Market
Development Act of 1995’.’’.
(b) AGRICULTURAL COMPETITIVENESS AND TRADE
ACT OF 1988.—
(1) 
APPLICABILITY
OF
PROVISIONS.—Sub-
sections (d) and (e) of section 4214 of the Agricul-
tural Competitiveness and Trade Act of 1988 (7
U.S.C. 5234) shall apply to the activities of the eligi-
ble trade organizations to which assistance is pro-
vided under this Act.
(2) AMENDMENT OF PAYMENT-IN-KIND PROVI-
SION.—Subsection (b) of section 4214 of the Agri-
cultural Competitiveness and Trade Act of 1988 (7
U.S.C. 5234) is amended by adding at the end the
following: ‘‘The Secretary of Agriculture shall co-
ordinate activities conducted under this subsection
with the conduct of the programs authorized under
the Agriculture Market Development Act of 1995.’’.
Æ