§ 4723. — Market Development Cooperator Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4723]
TITLE 15--COMMERCE AND TRADE
CHAPTER 73--EXPORT ENHANCEMENT
SUBCHAPTER III--EXPORT PROMOTION
Sec. 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
establish, in the International Trade Administration of the Department
of Commerce, a Market Development 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 regional associations,
including centers for international trade development, and
(4) private industry firms or groups of firms in cases where no
entity described in paragraph (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) of this section. The costs of
activities under such a contract shall be shared equitably among the
Department of Commerce, the cooperator involved, and, whenever
appropriate, foreign businesses. The Department of Commerce shall
undertake to support direct 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 Secretary.
(c) Cooperator partnership program
(1) In general
(A) As part of the Market Development Cooperator Program
established under subsection (a) of this section, the Secretary of
Commerce shall establish a partnership program with cooperators
under which a cooperator may detail individuals, subject to the
approval of the Secretary, to the United States and Foreign
Commercial 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 Development Cooperator Program set forth in
subsection (a) of this section.
(C) Individuals detailed to the United States and Foreign
Commercial Service under this subsection shall not be considered to
be employees of the United States for the purposes of any law
administered by the Office of Personnel 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 Secretary of State concerning the detail of such
individuals abroad.
(2) Qualifications of participants
In order to qualify for the program established under this
subsection, individuals shall have demonstrated expertise in the
international business arena in at least 2 of the following 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
responsible 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 individual participating in the program
established under this subsection.
(d) Budget Act
Contracts may be entered into under this section in a fiscal year
only to such extent or in such amounts as are provided in appropriations
Acts.
(Pub. L. 100-418, title II, Sec. 2303, Aug. 23, 1988, 102 Stat. 1342.)
Section Referred to in Other Sections
This section is referred to in sections 4051, 4052, 4723a of this
title; title 22 section 5823.
