[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3449 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3449

 To prohibit purchases by the Federal Government of Chinese goods and 
 services until the People's Republic of China becomes a party to the 
      Agreement on Government Procurement, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2012

  Ms. Stabenow (for herself and Mr. Graham) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To prohibit purchases by the Federal Government of Chinese goods and 
 services until the People's Republic of China becomes a party to the 
      Agreement on Government Procurement, 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 ``China Fair Trade Act of 2012''.

SEC. 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''.

SEC. 3. REQUIREMENTS TO BUY CERTAIN ITEMS FROM AMERICAN SOURCES.

    (a) Buy American Act.--Chapter 83 of title 41, United States Code 
(commonly known as the ``Buy American Act'') is amended--
            (1) in section 8302--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Special rule with respect to the people's republic of 
        china.--The exceptions provided under paragraph (1) and 
        subparagraphs (A) and (B) of paragraph (2) shall not apply with 
        respect to articles, materials, or supplies mined, produced, or 
        manufactured in the People's Republic of China until the date 
        on which 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))).''; and
                    (B) in subsection (b)(2)(A), by inserting ``and the 
                country in which such articles, materials, or supplies 
                were manufactured'' after ``United States''; and
            (2) in section 8303(b), by adding at the end the following:
            ``(4) Special rule with respect to the people's republic of 
        china.--The exceptions provided under subparagraphs (A) and (B) 
        of paragraph (1) and paragraphs (2) and (3) shall not apply 
        with respect to articles, materials, or supplies mined, 
        produced, or manufactured in the People's Republic of China 
        until the date on which 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))).''.
    (b) Defense Contracts for Certain Articles.--Section 2533a of title 
10, United States Code, is amended by adding at the end the following:
    ``(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 the date on which 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:
    ``(e) The exceptions in subsection (b) shall not apply with respect 
to iron, steel, or manufactured goods from the People's Republic of 
China until the date on which 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))).''.

SEC. 4. REPORT ON PRODUCTIVE CAPACITY OF THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, 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.

SEC. 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 
those 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.
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