Public Law 104-127, the Federal Agriculture Improvement and Reform Act of 1996 (FAIR Act), was signed into law on April 4, 1996. The FAIR Act oriented trade and food aid programs toward greater market development, with increased emphasis on high-value and value-added products. It reauthorized and revised such longstanding export assistance programs as Public Law (P.L.) 480, short- and intermediate-term export credit guarantees (GSM-102 and GSM-103), the Export Enhancement Program, the Dairy Export Incentive Program, and the Market Access Program (formerly the Market Promotion Program). The FAIR Act also provided for the creation of the Supplier Credit Guarantee Program and the Facility Guarantee Program.

The U.S. Department of Agriculture administers the export assistance programs contained in the FAIR Act, except for Titles II and III of the revised P.L. 480, which are assigned by law to the Agency for International Development. Within USDA, the Foreign Agricultural Service (FAS) is the leader in developing and executing these programs and initiatives.

The FAIR Act reauthorized and added activities to one of the oldest U.S. export assistance programs--P.L. 480, also known as Food for Peace. Fiscal year 1999 commodity programming for food aid under P.L. 480 is estimated at $1.4 billion, including $922 million for Title I (including Title I-funded Food for Progress), $469 million for Title II (including Title II/World Food Program), and $19 million for Title III. The $1.4 billion in P.L. 480 food assistance will support the shipment of approximately 6 million metric tons of commodities.

U.S. food assistance under P.L. 480 (including Title I-funded Food for Progress), the Commodity Credit Corporation (CCC)-funded Food for Progress program, and Section 416(b) will total about 12 million metric tons.

The FAIR Act reauthorized Title I government-to-government concessional sales and included the authority to sign agreements with private entities. It also modified the repayment terms for Title I credit, eliminating the minimum repayment period of 10 years and reducing the maximum grace period from 7 to 5 years. An agricultural trade organization will be allowed to carry out projects or programs in developing countries using funds from the sale of Title I commodities if the organization has a market development plan approved by the Secretary of Agriculture.

For FY 1999, concessional sales and donations of about 3.3 million metric tons of commodities valued at $922 million will be made to 18 countries under Title I and the Food for Progress program using Title I funds. This includes Title I concessional sales and Title I-funded Food for Progress donations of about $646 million as part of the assistance package to Russia announced by the Secretary of Agriculture on November 6, 1998. Ocean freight financing and ocean freight grants totaling $106.1 million will be provided to ship the Title I and Food for Progress commodities. As of April 6, agreements were being developed for 2.5 million tons of commodities valued at about $754 million.

The FAIR Act reauthorized the Title II emergency and private assistance donations program. It increased the maximum level of funding that can be provided as overseas administrative support from $13.5 million to $28 million and added intergovernmental organizations such as the World Food Program to the list of organizations eligible to receive these funds. For FY 1999, about 2.2 million metric tons of commodities valued at an estimated $469 million will be donated under Title II, including Title II donations through the World Food Program.

The FAIR Act reauthorized the Title III Food for Development program. This program provides government-to-government food assistance grants to least-developed countries. Local sales proceeds can be used to support a variety of economic development and related activities in recipient countries. For FY 1999, 152,000 metric tons of commodities valued at about $19 million will be programmed under Title III.

Another program, Food for Progress, is carried out using commodities available for distribution under Section 416(b), funds available to the CCC, or funds appropriated under P.L. 480, Title I. The program provides commodities to needy countries as a reward for having undertaken economic or agricultural reform. The FAIR Act extended the authority for the Food for Progress program to provide assistance in the administration and monitoring of food assistance programs to strengthen private sector agriculture in recipient countries through 2002. The authority was also expanded to include intergovernmental organizations in Food for Progress programming, to make sales on credit terms to all eligible countries in addition to the former Soviet Union, and to include the provision of technical assistance for monetization programs.

As of April 6, FY 1999 Food for Progress bilateral agreements using the Title I authority were planned with Bosnia-Herzegovina, Honduras, Nicaragua, and Russia totaling 279,240 metric tons valued at about $177 million. In addition, a Food for Progress agreement with a private entity using the Title I authority was planned in Russia totaling 26,500 tons valued at about $11 million. Dollar totals exclude transportation. Food for Progress programs using CCC funds were planned with U.S. private voluntary organizations for projects in 22 countries totaling 130,000 tons of commodities valued at about $61 million. The Food for Progress program is limited by a global 500,000-metric-ton legislative ceiling and by a cap of $35 million on noncommodity costs paid directly by CCC (primarily transportation).

The FAIR Act reauthorized the Farmer-to-Farmer Program, which can include middle-income countries and emerging markets. FAIR also increased the minimum percentage of P.L. 480 funding for the Farmer-to-Farmer Program from 0.2 to 0.4 percent.

Section 416(b) of the Agricultural Act of 1949 provides for the donation to needy countries of eligible commodities held by the CCC. For FY 1999, donations of 5.8 million metric tons of commodities valued at about $833 million are planned under the Section 416(b) program. On July 18, 1998, President Clinton announced a Food Aid Initiative providing for the purchase of wheat by the U.S. Government from the domestic market. Two authorities are being used to carry out the initiative. The wheat is purchased under the authority of the CCC Charter Act and is donated under the authority of Section 416(b) of the Agricultural Act of 1949. As of April 2, donations of 4.8 million tons of wheat and wheat flour valued at about $648 million were planned under this initiative during FY 1999. In addition, 29,500 tons of nonfortified, nonfat dry milk and 400,000 tons of corn have been determined available for 416(b) programming in FY 1999.

Commercial Export Credit Guarantee Programs

The FAIR Act mandates a minimum annual program level of $5.7 billion for the Export Credit Guarantee Program (GSM-102) and the Intermediate Export Credit Guarantee Program (GSM-103), but it allows flexibility in how much is made available for each program. The GSM-102 program guarantees repayments of short-term credits (90 days to 3 years) extended by U.S. financial institutions to eligible banks in countries that purchase U.S. farm products. As of April 2, 1999, GSM-102 allocations of about $4.5 billion were announced to 24 countries and 11 regions, including the Andean, Baltic, Central America, Central Europe, East Africa, East Caribbean, Southeast Asia, Southeast Europe, Southern Africa, West Africa, and West Caribbean regions. Under this availability, GSM-102 registrations totaled about $1.4 billion for exports to11 countries and six regions.

The Supplier Credit Guarantee Program (SCGP) became operational in late FY 1996. This program is designed to encourage U.S. exporters to expand, maintain, and develop markets for U.S. agricultural products in areas where commercial financing may not be available without a CCC payment guarantee. The program can help U.S. exporters who wish to provide short-term credit (180 days or less) directly to their foreign buyers.

As of April 2, 1999, SCGP allocations totaled $346 million in coverage for sales to 12 countries and six regions, including the Baltic, Central America, Central Europe, East Carribean, Southeast Asia, and Southeast Europe regions. Under the announced FY 1999 availability, registrations totaled about $20.2 million.

The Facility Credit Program was implemented in December 1997 to extend credit guarantees for export sales of U.S. capital goods and services to improve agriculture-related facilities in emerging markets. No sales have been registered under this program in FY 1999.

Export Assistance Programs

The Export Enhancement Program (EEP), announced by USDA on May 15, 1985, operates under the authority of the Agricultural Trade Act of 1978 as amended, the Uruguay Round Agreements Act, and the FAIR Act. The EEP permits USDA to provide bonuses to make U.S. commodities more competitive in the world marketplace and to offset the adverse effects of unfair trade practices or subsidies. The FAIR Act sets maximum funding levels for CCC to make available for the EEP each fiscal year through 2002 as follows: FY 1996, $350 million; FY 1997, $250 million; FY 1998, $500 million; FY 1999, $550 million; FY 2000, $579 million; FY 2001, $478 million; and FY 2002, $478 million.

On June 30, 1998, one-year allocations under the EEP were announced for wheat, wheat flour, barley, barley malt, rice, vegetable oils, frozen poultry, and eggs that coincide with the quantity limitations of the Uruguay Round Agreement on Agriculture. The EEP is currently operational only for frozen poultry under a 20,210-metric-ton allocation announced July 1, 1998, to six Middle Eastern countries. As of April 9, 1999, EEP bonuses had been awarded for sales of 3,546 metric tons of frozen poultry.

Section 148 of the FAIR Act extended the Dairy Export Incentive Program (DEIP) through FY 2002. Section 148 focuses the DEIP on market development, providing full authority and funding to reach the volume or spending limits consistent with U.S. obligations as a member of the World Trade Organization. The DEIP operates on a bid bonus system similar to EEP, with cash bonus payments. The DEIP program helps exporters of U.S. dairy products meet prevailing world prices and helps develop foreign markets for the targeted products.

Allocations under the current DEIP program for July 1, 1998, through June 30, 1999,0 were announced on June 30 last year. The major markets being assisted include Africa, Asia, the Former Soviet Union, Latin America, and the Middle East. As of April 9, bonus values totaling around $122 million were awarded for 110,470 metric tons of nonfat dry milk, 5,003 tons of whole milk powder, 3,011 tons of cheese, and 395 tons of butterfat.

The Market Access Program (MAP) was authorized by the FAIR Act. The MAP is funded at $90 million annually for FY 1996 through 2002 and is designed to encourage the development, maintenance, and expansion of foreign markets for U.S. agricultural products. The MAP forms a partnership among small businesses, cooperatives, state-regional trade groups, trade associations, and FAS to use the experience of specialists deployed around the world and share the costs of eligible overseas marketing and promotional activities. Eligible activities include consumer promotions, market research, technical assistance, and trade servicing. In

FY 1998, USDA allocated $90 million in MAP funding to 64 U.S. trade organizations for export promotion activities in foreign markets. USDA is currently reviewing applications for the FY 1999 MAP and plans to announce allocations on or about June 1, 1999.

The Foreign Market Development Program (FMD) also provides cost-share assistance to eligible nonprofit agricultural trade organizations to conduct approved international market development activities. USDA enters into agreements with nonprofit U.S. trade organizations that have the broadest producer representation of the commodity being promoted and gives priority to those organizations that are nationwide in membership and scope. Activities conducted under this program generally address long-term foreign import constraints and are designed to maintain and expand long-term growth in demand for U.S. agricultural products.