II 112th CONGRESS 2d Session S. 3611 IN THE SENATE OF THE UNITED STATES September 21, 2012 Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit executive agencies from procuring merchandise subject to antidumping or countervailing duty orders, and for other purposes.

1.

Short title

This Act may be cited as the Buy Fairly Trade Goods Act of 2012.

2.

Prohibition on government procurement of merchandise subject to antidumping or countervailing duty orders

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41, United States Code, to provide that, except as provided in subsection (b)— (1)executive agencies may not procure merchandise subject to an antidumping or countervailing duty order under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.); and (2)the terms of any contract or other agreement entered into with an energy provider prohibit the use by that provider of any such merchandise in the performance of the contract or agreement. (b)

Waiver for national security

The amendments to the Federal Acquisition Regulation made pursuant to subsection (a) shall include a provision allowing for the waiver of the requirements described in that subsection if the President determines that such a waiver is in the national security interests of the United States. (c)

Consistency with international agreements

The Federal Acquisition Regulatory Council shall ensure that the amendments to the Federal Acquisition Regulation made pursuant to subsection (a) are consistent with the obligations of the United States under international agreements. (d)

Executive agency defined

In this section, the term executive agency has the meaning given that term in section 133 of title 41, United States Code.