15 U.S.C. § 4723 — Market Development Cooperator Program

Page 2158 TITLE 15—COMMERCE AND TRADE § 4722 1 So in original. Probably should be ‘‘United States and For- eign Commercial Service,’’. (2) Matters to be included The plan required under paragraph (1) shall include the following: (A) A description of the role of State trade promotion agencies in assisting exporters. (B) An outline of the role of State trade promotion agencies and how it is different from Federal agencies located within or pro- viding services within the State. (C) A plan on how to utilize State trade promotion agencies in the Federal trade pro- motion program. (D) An explanation of how Federal and State agencies will share information and resources. (E) A description of how Federal and State agencies will coordinate education and trade events in the United States and abroad. (F) A description of the efforts to increase efficiency and reduce duplication. (G) A clear identification of where busi- nesses can receive appropriate international trade information under the plan. (3) Deadline The plan required under paragraph (1) shall be finalized and submitted to Congress not later than 12 months after February 24, 2016. (c) Annual Federal-State export strategy (1) In general The Secretary of Commerce, acting through the head of the United States Foreign and Commercial Service,1 shall develop an annual Federal-State export strategy for each State that submits to the Secretary of Commerce its export strategy for the upcoming calendar year. In developing an annual Federal-State export strategy under this paragraph, the Sec- retary of Commerce shall take into account the Federal and State export promotion co- ordination plan developed under subsection (b). (2) Matters to be included The Federal-State export strategy required under paragraph (1) shall include the fol- lowing: (A) The State’s export strategy and eco- nomic goals. (B) The State’s key sectors and industries of focus. (C) Possible foreign and domestic trade events. (D) Efforts to increase efficiencies and re- duce duplication. (3) Report The Federal-State export strategy required under paragraph (1) shall be submitted to the Trade Promotion Coordinating Committee not later than February 1, 2017, and February 1 of each year thereafter. (d) Coordinated metrics and information sharing (1) In general The Secretary of Commerce, in coordination with representatives of State trade promotion agencies, shall develop a framework to share export success information, and develop a co- ordinated set of reporting metrics. (2) Report to Congress Not later than one year after February 24, 2016, the Secretary of Commerce shall submit to Congress a report that contains the frame- work and reporting metrics required under paragraph (1). (e) Omitted (Pub. L. 114–125, title V, § 505, Feb. 24, 2016, 130 Stat. 179.) Editorial Notes CODIFICATION Section was enacted as part of the Small Business Trade Enhancement Act of 2015 or the State Trade Co- ordination Act, and also as part of the Trade Facilita- tion and Trade Enforcement Act of 2015, and not as part of the Export Enhancement Act of 1988 which enacted this chapter. Section is comprised of section 505 of Pub. L. 114–125. Subsecs. (a) and (e) of section 505 of Pub. L. 114–125 amended section 4727 of this title. § 4722. Transferred Editorial Notes CODIFICATION Section, Pub. L. 100–418, title II, § 2302, Aug. 23, 1988, 102 Stat. 1341, which related to Commercial Service Of- ficers and multilateral development bank procurement, was renumbered § 1803 of title XVIII of Pub. L. 95–118, by Pub. L. 101–240, title V, § 541(b)(2), Dec. 19, 1989, 103 Stat. 2517, and was transferred to section 262s–2 of Title 22, Foreign Relations and Intercourse. § 4723. Market Development Cooperator Program (a) Authority of Secretary of Commerce In order to promote further the exportation of goods and services from the United States, the Secretary of Commerce is authorized to estab- lish, in the International Trade Administration of the Department of Commerce, a Market De- velopment Cooperator Program. The purpose of the program is to develop, maintain, and expand foreign markets for nonagricultural goods and services produced in the United States. (b) Implementation of Program The Secretary of Commerce shall carry out the Market Development Cooperator Program by entering into contracts with— (1) nonprofit industry organizations, (2) trade associations, (3) State departments of trade and their re- gional associations, including centers for international trade development, and (4) private industry firms or groups of firms in cases where no entity described in para- graph (1), (2), or (3) represents that industry, (in this section referred to as ‘‘cooperators’’) to engage in activities in order to carry out the purpose of the Market Development Cooperator Program set forth in subsection (a). The costs of activities under such a contract shall be shared equitably among the Department of Commerce, the cooperator involved, and, whenever appro- priate, foreign businesses. The Department of Commerce shall undertake to support direct Page 2159 TITLE 15—COMMERCE AND TRADE § 4723a costs of activities under such a contract, and the cooperator shall undertake to support indirect costs of such activities. Activities under such a contract shall be carried out by the cooperator with the approval and assistance of the Sec- retary. (c) Cooperator partnership program (1) In general (A) As part of the Market Development Co- operator Program established under sub- section (a), the Secretary of Commerce shall establish a partnership program with coopera- tors under which a cooperator may detail indi- viduals, subject to the approval of the Sec- retary, to the United States and Foreign Com- mercial Service for a period of not less than 1 year or more than 2 years to supplement the Commercial Service. (B) Any individual detailed to the United States and Foreign Commercial Service under this subsection shall be responsible for such duties as the Secretary may prescribe in order to carry out the purpose of the Market Devel- opment Cooperator Program set forth in sub- section (a). (C) Individuals detailed to the United States and Foreign Commercial Service under this subsection shall not be considered to be em- ployees of the United States for the purposes of any law administered by the Office of Per- sonnel Management, except that the Secretary of State may determine the applicability to such individuals of section 2669(f) of title 22 and of any other law administered by the Sec- retary of State concerning the detail of such individuals abroad. (2) Qualifications of participants In order to qualify for the program estab- lished under this subsection, individuals shall have demonstrated expertise in the inter- national business arena in at least 2 of the fol- lowing areas: marketing, market research, and computer data bases. (3) Expenses of the program (A) The cooperator who details an individual to the United States and Foreign Commercial Service under this subsection shall be respon- sible for that individual’s salary and related expenses, including health care, life insurance, and other noncash benefits, if any, normally paid by such cooperator. (B) The Secretary of Commerce shall pay transportation and housing costs for each indi- vidual participating in the program estab- lished under this subsection. (d) Budget Act Contracts may be entered into under this sec- tion in a fiscal year only to such extent or in such amounts as are provided in appropriations Acts. (Pub. L. 100–418, title II, § 2303, Aug. 23, 1988, 102 Stat. 1342.) § 4723a. United States Commercial Centers (a) Establishment The Secretary of Commerce, in his or her role as chairperson of the Trade Promotion Coordi- nating Committee, is authorized and encouraged to establish United States Commercial Centers (hereinafter in this section referred to as ‘‘Cen- ters’’) in Asia, in Latin America, and in Africa. (b) Purpose of Centers The purpose of the Centers shall be to provide additional resources for the promotion of ex- ports of United States goods and services to the host countries, by familiarizing United States exporters with the industries, markets, and cus- toms of the host countries, thus facilitating commercial ties and trade. (c) Functions of Centers Each Center shall— (1) collect and publish economic and market data with respect to the host country; (2) provide, on a user-fee basis, preliminary technical and clerical assistance, language translation, and administrative assistance, and information regarding the legal systems, laws, regulations, and procedures of the host country, to United States exporters seeking to do business in the host country; and (3) in other ways promote exports of United States goods and services to the host country. (d) Specific services to be provided To carry out its objectives, each Center shall make available the following (on a user-fee basis): (1) Business facilities Business facilities, including exhibition space, conference rooms, office space (includ- ing telephones and other basic office equip- ment), and, where warranted by impeding defi- ciencies in the public system, high quality international telecommunications facilities. (2) Business services Business support services, including lan- guage translation services, clerical services, and a commercial library containing a com- prehensive collection of reference materials covering United States and host country in- dustries and markets. (3) Commercial law information services Commercial law information services, in- cluding— (A) a clearinghouse for information re- garding the relevant commercial laws, prac- tices, and regulations of the host country; (B) publications to assist United States businesses; (C) legal referral services; and (D) lists of local agents and distributors. (e) Other trade promotion activities Each Center shall also promote United States export trade by— (1) facilitating contacts between buyers, sellers, bankers, traders, distributors, agents, and necessary government officials from the United States and the host country; (2) coordinating trade missions; and (3) assisting with applications, contracts, and clearances for imports into the host coun- try and exports from the United States. (f) Staffing of Centers Each Center shall be staffed by members of the United States and Foreign Commercial