A bill to prohibit the purchases by the Federal Government of Chinese goods and services until China agrees to the Agreement on Government Procurement, and for other purposes.

Summary: China Fair Trade Act of 2010 - Amends the Trade Agreements Act of 1979 to provide that certain exceptions and waivers to the prohibition on the procurement of the products of a country that is not a party to the Agreement on Government Procurement shall not apply with respect to the procurements of products or services of the People's Republic of China.

Amends the Buy American Act to declare that certain exceptions to the Act requiring only U.S. materials be used for public use shall not apply to the procurement of Chinese made products until China becomes a party to the Agreement.

Declares that certain exceptions to Buy American requirements shall not apply to the procurement of Chinese products by the Department of Defense (DOD) until China becomes a party to such Agreement.

Amends the American Recovery and Reinvestment Act of 2009 to declare that certain exceptions to Buy American requirements under such Act shall not apply to the procurement of Chinese steel and products until China becomes a party to the Agreement.

Requires the Secretary of Commerce to report to Congress on the productive capacity of the major industrial sectors in China.

Directs the Secretary of Energy to report to Congress on: (1) Chinese policies and the subsidies China provides in the development and exportation of renewable energy products and technologies; and (2) the impact such policies and subsidies have on U.S. manufacturers of such products and technologies.

SECTION 1. SHORT TITLE.

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

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.--
            (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)).''.

SEC. 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.

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 
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.