text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Agricultural Market Promotion 
  Program Amendments Act of 1993''.
  
  SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM.
  
      (a) Small-Sized Commercial Entities and Medium-Sized Commercial 
  Entities That Are Beginning Exporters.--Section 203(c) of the 
  Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended--
              (1) in paragraph (2), by striking ``in the case of an 
          unfair trade practice'' and inserting ``in the case of--
                      ``(A) an unfair trade practice; or
                      ``(B) a small-sized commercial entity, or a medium-
                  sized commercial entity, that is a beginning exporter, 
                  as determined by the Secretary.''; and
              (2) by adding at the end the following new paragraph:
              ``(3) Goal for small-sized commercial entities and medium-
          sized commercial entities that are beginning exporters.--In 
          carrying out the program established under this section, the 
          Secretary shall use, to the maximum extent practicable, at 
          least 30 percent of the total funds available or 30 percent of 
          the value of any commodities employed, as determined by the 
          Secretary, for each of fiscal years 1994 and 1995 for program 
          activities involving small-sized commercial entities, and 
          medium-sized commercial entities, that are beginning 
          exporters.''.
      (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by 
  adding at the end the following new sentence: ``Assistance provided 
  under this paragraph may be used only for market promotion activities 
  that are in addition to activities for which a commercial entity 
  expends an amount during a year in a foreign country, in United States 
  dollars adjusted to reflect the latest Consumer Price Index for all-
  urban consumers published by the Department of Labor, that is equal to 
  the dollar amount expended by the commercial entity (other than amounts 
  provided under this section) on all market promotion activities during 
  the preceding year in the foreign country.''.
      (c) Other Terms and Conditions.--Section 203(f) of such Act is 
  amended by adding at the end the following new paragraphs:
              ``(4) Independent audits.--In addition to an audit that is 
          required by section 403, the Secretary shall require that, as a 
          condition of eligibility for assistance under this section, a 
          commercial entity that receives more than $50,000 a year in 
          assistance under this section shall provide for an independent 
          audit of program activities under this section during the year 
          to determine whether the entity has complied with the 
          requirements of this section.
              ``(5) Prohibition on assistance for tobacco.--No assistance 
          under this section may be used for the development, 
          maintenance, or expansion of a commercial export market for 
          tobacco.
              ``(6) Definitions.--As used in this section:
                      ``(A) Commercial entity.--The term `commercial 
                  entity' means a cooperative or private organization 
                  that exports or promotes an agricultural commodity, 
                  including an entity that controls, is controlled by, or 
                  is under common control with such a cooperative or 
                  private organization.
                      ``(B) Medium-sized commercial entity.--The term 
                  `medium-sized commercial entity' means a commercial 
                  entity that employs not less than 51, nor more than 
                  500, individuals.
                      ``(C) Small-sized commercial entity.--The term 
                  `small-sized commercial entity' means a commercial 
                  entity that employs not more than 50 individuals.''.
      (d) Graduation.--Paragraph (2) of section 203(g) of such Act is 
  amended to read as follows:
              ``(2) Limitations.--
                      ``(A) Branded promotion.--
                              ``(i) In general.--Assistance provided 
                          under this section to a commercial entity for 
                          activities described in subsection (e)(4) that 
                          are conducted in a foreign country--
                                      ``(I) during each year of the first 
                                  3-year period the commercial entity 
                                  receives assistance for the activities, 
                                  shall not exceed 50 percent of the cost 
                                  of implementing the marketing plan in 
                                  the country;
                                      ``(II) during the 4th year of the 
                                  period the commercial entity receives 
                                  assistance for the activities, shall 
                                  not exceed 33 percent of the cost of 
                                  implementing the marketing plan in the 
                                  country; and
                                      ``(III) during the 5th year of 
                                  period the commercial entity receives 
                                  assistance for the activities, shall 
                                  not exceed 17 percent of the cost of 
                                  implementing the marketing plan in the 
                                  country.
                              ``(ii) Maximum period.--Assistance provided 
                          under this section to a commercial entity for 
                          activities described in subsection (e)(4) that 
                          are conducted in a foreign country shall not be 
                          provided for more than 5 years.
                      ``(B) Generic promotion.--
                              ``(i) In general.--To be eligible for 
                          assistance under this section (other than for 
                          activities described in subsection (e)(4) or 
                          clause (iii)), an eligible trade organization 
                          shall contribute a larger share of the cost of 
                          a marketing plan for a foreign country in each 
                          year the organization conducts activities in 
                          the country, as determined by the Secretary.
                              ``(ii) Maximum period.--The nonfederal 
                          share shall be progressively increased in such 
                          a manner that an eligible trade organization 
                          shall not receive assistance under this section 
                          in the country for more than 5 years.
                              ``(iii) Regional state-related trade 
                          organizations.--Assistance may be provided 
                          under this section for a period not to exceed 5 
                          years for each agricultural commodity for which 
                          an eligible regional State-related organization 
                          has an approved marketing place for an 
                          activity, other than for an activity described 
                          in subsection (e)(4).
                      ``(C) Waiver.--The Secretary may waive the 
                  limitations described in subparagraphs (A) and (B) in 
                  the case of an agricultural commodity 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). To grant waivers, 
                  the Secretary shall establish criteria that are 
                  consistent and documented.''.
  
  SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM.
  
      Section 1126(b) of the Food Security Act of 1985 (7 U.S.C. 
  1736u(b)) is amended by striking ``shall be'' and inserting ``shall not 
  be''.
  
  SEC. 4. EFFECTIVE DATE; REGULATIONS.
  
      (a) Effective Date.--This Act and the amendments made by this Act 
  shall become effective on the date of enactment of this Act.
      (b) Regulations.--Not later than 60 days after the date of 
  enactment of this Act, the Secretary of Agriculture shall issue 
  regulations to carry out this Act and the amendments made by this Act.
target: Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to:  (1) give priority to, and obligate specified funds for, small and medium beginning exporters; (2) permit assistance for branded promotion only to supplement an entity's own promotional activities; (3) prohibit assistance for tobacco promotion; and (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country.
feat_title: Agricultural Market Promotion Program Amendments Act of 1993