II 111th CONGRESS 2d Session S. 3505 IN THE SENATE OF THE UNITED STATES June 17, 2010 Ms. Stabenow (for herself, Mr. Graham, Mr. Feingold, Mr. Brown of Ohio, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit purchases by the Federal Government of Chinese goods and services until China agrees to the Agreement on Government Procurement, and for other purposes.

1.

Short title

This Act may be cited as the China Fair Trade Act of 2010.

2.

Reciprocal competitive trade practices

(a)

In general

Section 302(a)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(a)(2)) is amended to read as follows: (2)

Exceptions

(A)

In general

Paragraph (1) shall not apply in the case of procurements for which— (i)there are no offers of products or services of the United States or of eligible products; or (ii)the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government. (B)

Special rule with respect to the People's Republic of China

Subparagraph (A) shall not apply in the case of procurements of products or services of the People's Republic of China. . (b)

Waiver

Section 302(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)) is amended in the matter preceding paragraph (1), by inserting , except in the case of the People's Republic of China, before may.

3.

Requirements to buy certain items from American sources

(a)

Buy American Act

(1)

American materials required for public use

Section 2(a) of the Buy American Act (41 U.S.C. 10a(a)) is amended by inserting after the second sentence the following: The exceptions in the previous two sentences shall not apply with respect to articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).. (2)

Contract specifications

Section 3(a) of the Buy American Act (41 U.S.C. 10b(a)) is amended by striking exception. and inserting exception: Provided further, That such an exception may not permit the use of articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).. (3)

Reports

Section 2(b)(2)(A) of the Buy American Act (41 U.S.C. 10a(b)(2)(A)) is amended by inserting before the semicolon the following: and the country in which such articles, materials, or supplies were manufactured . (b)

Defense contracts for certain articles

Section 2533a of title 10, United States Code, is amended by adding at the end the following new subsection: (l)

Inapplicability of exceptions to articles from the People's Republic of China

The exceptions to the requirement in subsection (a) provided under subsections (c) through (h) shall not apply with respect to items grown, reprocessed, reused, or produced in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)). . (c)

Requirements To use American iron, steel, and manufactured goods under the American Recovery and Reinvestment Act of 2009

Section 1605 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 303) is amended by adding at the end the following new subsection: (e)The exceptions in subsection (b) shall not apply with respect to iron, steel, and manufactured goods from the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)). .

4.

Report on productive capacity of the People's Republic of China

(a)

In general

Not later than 180 days, the Secretary of Commerce shall submit to Congress a report on the productive capacity of the major industrial sectors in the People's Republic of China. (b)

Contents

The report required by subsection (a) shall include an assessment of any steps taken by the Government of the People's Republic of China to develop, expand, retract, or otherwise alter the productive capacity of the sectors identified in the report.

5.

Report on subsidies provided by the People's Republic of China for renewable energy products and technology

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with other appropriate agencies, shall report to Congress regarding the policies of the Government of the People's Republic of China with respect to, and the subsidies provided by the People's Republic of China for, the development and exportation of renewable energy products and technologies. The report shall include an analysis of the impact of the policies and subsidies on United States manufacturers of renewable energy products and technologies. (b)

Definitions

(1)

Renewable energy

The term renewable energy means energy generated by a renewable energy resource. (2)

Renewable energy product or technology

The term renewable energy product or technology means any product, technology, or component of a product used in the development or production of renewable energy. (3)

Renewable energy resource

The term renewable energy resource means— (A)solar, wind, ocean, tidal, hydrokinetic, or geothermal energy; (B)biofuel, biomass, or hydropower; or (C)any other renewable energy resource, as determined by the Secretary of Energy.