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Senate Bill 2036
115th Congress(2017-2018)
Competitive Need Limitations Modernization Act of 2017
Introduced
Introduced
Introduced in Senate on Oct 31, 2017
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Introduced in Senate 
Oct 31, 2017
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Introduced in Senate(Oct 31, 2017)
Oct 31, 2017
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
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S. 2036 (Introduced-in-Senate)


115th CONGRESS
1st Session
S. 2036


To make necessary changes to the competitive need limitations provision of the Generalized System of Preferences, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 31, 2017

Mr. Donnelly (for himself, Mrs. Ernst, and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To make necessary changes to the competitive need limitations provision of the Generalized System of Preferences, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Competitive Need Limitations Modernization Act of 2017”.

SEC. 2. Findings.

Congress finds the following:

(1) The Generalized System of Preferences, established under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), was created to promote economic development by expanding trade opportunities.

(2) Congress imposed limits on the amount of trade that could qualify for duty-free treatment under the Generalized System of Preferences, referred to as the “competitive need limitation”. This limitation may be waived in the national economic interest.

(3) The competitive need limitation and waiver processes must be carried out in a manner that accurately accounts for current domestic production and must be based on evidence from trade data.

(4) The present competitive need limitation review process is flawed because the timing of the reviews prevent the use of full-year trade data, which can be solved by shifting the deadline of the review process.

(5) The exclusion of products from the competitive need limitation is determined based on the levels of domestic production that existed in 1995. This does not reflect the realities of the current economy and should be updated.

SEC. 3. Modification to procedures for competitive need limitation and waivers.

Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended as follows:

(1) MODIFICATIONS TO COMPETITIVE NEED LIMITATION CONSIDERATION.—In subsection (c)(2)—

(A) in the matter following subparagraph (A)(i)(II), by striking “July 1” and inserting “October 15”; and

(B) in subparagraph (E), by striking “on January 1, 1995” and inserting “in any of the preceding three calendar years”.

(2) MODIFICATIONS TO WAIVER CONSIDERATION.—In subsection (d), by striking “July 1” in each place it appears and inserting “October 15”.