Highlights of the Trade-Related Provisions in the 2004 Consolidated Appropriations Act
On January 23, 2004, President Bush signed into law (Public Law (P.L.) 108-199) the conference version of the fiscal year (FY) 2004 omnibus appropriations bill (H.R. 2673), entitled the "Consolidated Appropriations Act, 2004." P.L. 108-199 includes eight separate appropriations measures that provide FY 2004 appropriations for the Departments of Agriculture, Commerce, Education, Health and Human Services, Housing and Urban Development, Justice, Labor, State, Transportation, Treasury, Veterans Affairs, etc.
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This is Part III, the final part of a multi-part series of summaries on P.L. 108-199 and the accompanying conference managers' joint explanatory statement (managers' statement) and provides "highlights" of their trade-related provisions, except for those related to a delay in mandatory country of origin labeling for certain meat, produce, etc. and those related to the Commerce Department (which were covered by Parts I and II).
Department of Transportation (DOT)
Performance of the intermodal system at congested ports. The managers' statement directs the Maritime Administration (MARAD) to report to the House and Senate Appropriations Committees, no later than 90 days after January 23, 2004, on the performance of the intermodal system with respect to the efficiency of the most congested ports. Within this report, MARAD is directed to emphasize summarizing the performance of the 14 strategic commercial ports during the military force build-up for Operation Iraqi Freedom and on identifying the most glaring deficiencies of the intermodal system as a whole. This report is to contain a thorough comparison of the most congested ports in terms of operational efficiency; identification of significant intermodal obstacles associated with each port; and a summary of future actions MARAD plans to take to address and improve the throughput of cargo in U.S. ports.
Enforcement and monitoring of Mexican motor carriers. The managers' statement directs DOT's Federal Motor Carrier Safety Administration (FMCSA) to establish a process to effectively enforce and monitor Mexican motor carriers and report to the House and Senate Appropriations Committees within one year after January 23, 2004.
U.S.-Mexico border safety. P.L. 108-199 provides $47 million to make grants to states for construction of State border safety inspection facilities at the U.S.-Mexico border.
Hazardous materials permitting and tracking programs. The managers' statement states that P.L. 108-199 provides more than $1 million for the hazardous materials permitting program and $2 million for an expanded, satellite-based, mobile communications system to monitor and track hazardous material and high-value cargo in uncovered areas of the U.S.
Evaluation of 14 commercially strategic ports. P.L. 108-199 provides $500,000 to the Maritime Administration (MARAD) for the evaluation and provision of the fourteen commercially strategic ports and $1 million for Maritime Security Professional Training in support of section 109 of the Maritime Transportation Security Act of 2002.
Department of Agriculture (USDA)
Imported meat safety. The managers' statement expresses concern about the safety of imported meat, specifically imported meat re-inspected by the Food Safety and Inspection Service (FSIS) at U.S. borders and about countries whose food safety systems have been deemed "equivalent" to that of the U.S. As a result, the FSIS is requested to report to the House and Senate Appropriations Committees by March 1, 2004 on the equivalence and re-inspection processes.
Exports of tobacco or tobacco products. P.L. 108-199 states that no funds provided in this or any other Act shall be available to the Secretary of Agriculture acting through the Foreign Agricultural Service to promote the sale or export of tobacco or tobacco products.
Federal Maritime Commission (FMC)
Information technology improvements. The managers' statement directs the FMC to report to the House and Senate Appropriations Committees no later than 45 days after January 23, 2004, summarizing the FMC's current information technology improvement initiatives and long-term technology improvement plan.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Safe Explosives Act and National Explosives Licensing Center. The managers' statement states that P.L. 108-199 provides$10 million to implement the Safe Explosives Act and $4 million to upgrade databases and systems, etc. related to creating the National Explosives Licensing Center at the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center.
Office of the U.S. Trade Representative (USTR)
Disruption resulting from trade with China. The managers statement directs the USTR to make use of all available mechanisms, including the safeguards delineated under the Trade Act of 1974, including Sections 301 and 421, to address the disruptions resulting from trade with China.
Funding for FTA and WTO negotiations, etc. The managers statement adopts, by reference, provisions in the House Appropriations Report (H. Rept. 108-221) regarding specific funding for Free Trade Agreement (FTA) and World Trade Organization (WTO) negotiations, a requirement that USTR submit a spending plan to Congress, and direction that the USTR leverage the expertise of the International Trade Administration (ITA) in support of trade negotiations to improve U.S. success in WTO litigation and negotiations and to better protect U.S. interests.
International Trade Commission (ITC)
EDIS II. The managers statement adopts, by reference, a provision in the Senate Appropriations Committee report (S. Rept. 108-144) that instructs the ITC to place greater emphasis on its advanced electronic filing system (EDIS II) and to submit quarterly reports to Congress on the status of the EDIS II project beginning on March 31, 2004.
(See ITT's Online Archives or 01/28/04, 04012899 3, for BP summary on President Bush's enactment of the FY 2004 omnibus appropriations bill.
See ITT's Online Archives or 01/26/04 news, 04012605, for BP summary on Congress' passage of the FY 2004 omnibus appropriations conference report.
See ITT's Online Archives or 02/03/04 news, 04020305, for BP summary of the Commerce Department-related provisions of P.L. 108-199 and the managers' statement.)
P.L. 108-199 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h2673enr.txt.pdf.
Conference report (H. Rept. 108-401, which includes managers' statement) available at http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(hr401):
House Appropriations Committee's report (H. Rept. 108-221) available at http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(hr221):
Senate Appropriations Committee's report (S. Rept. 108-144) available at http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(sr144):