II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘China Fair Trade Act 

5 of 2012’’. 


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1 SEC. 2. RECIPROCAL COMPETITIVE TRADE PRACTICES. 

2 (a) IN GENERAL.—Section 302(a)(2) of the Trade 

3 Agreements Act of 1979 (19 U.S.C. 2512(a)(2)) is amend4 ed to read as follows: 

5 ‘‘(2) EXCEPTIONS.— 

6 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

7 not apply in the case of procurements for 

8 which— 

9 ‘‘(i) there are no offers of products or 

10 services of the United States or of eligible 

11 products; or 

12 ‘‘(ii) the offers of products or services 

13 of the United States or of eligible products 

14 are insufficient to fulfill the requirements 

15 of the United States Government. 

16 ‘‘(B) SPECIAL RULE WITH RESPECT TO

17 THE PEOPLE’S REPUBLIC OF CHINA.—Subpara18 graph (A) shall not apply in the case of pro19 curements of products or services of the Peo20 ple’s Republic of China.’’. 

21 (b) WAIVER.—Section 302(b) of the Trade Agree22 ments Act of 1979 (19 U.S.C. 2512(b)) is amended, in 

23 the matter preceding paragraph (1), by inserting ‘‘, except 

24 in the case of the People’s Republic of China,’’ before 

25 ‘‘may’’. 


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1 SEC. 3. REQUIREMENTS TO BUY CERTAIN ITEMS FROM 

2 AMERICAN SOURCES. 

3 (a) BUY AMERICAN ACT.—Chapter 83 of title 41, 

4 United States Code (commonly known as the ‘‘Buy Amer5 ican Act’’) is amended— 

6 (1) in section 8302— 

7 (A) in subsection (a), by adding at the end 

8 the following: 

9 ‘‘(3) SPECIAL RULE WITH RESPECT TO THE

10 PEOPLE’S REPUBLIC OF CHINA.—The exceptions 

11 provided under paragraph (1) and subparagraphs 

12 (A) and (B) of paragraph (2) shall not apply with 

13 respect to articles, materials, or supplies mined, pro14 duced, or manufactured in the People’s Republic of 

15 China until the date on which China becomes a 

16 party to the Agreement on Government Procurement 

17 (described in section 101(d)(17) of the Uruguay 

18 Round Agreements Act (19 U.S.C. 3511(d)(17))).’’; 

19 and 

20 (B) in subsection (b)(2)(A), by inserting 

21 ‘‘and the country in which such articles, mate22 rials, or supplies were manufactured’’ after 

23 ‘‘United States’’; and 

24 (2) in section 8303(b), by adding at the end the 

25 following: 


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1 ‘‘(4) SPECIAL RULE WITH RESPECT TO THE

2 PEOPLE’S REPUBLIC OF CHINA.—The exceptions 

3 provided under subparagraphs (A) and (B) of para4 graph (1) and paragraphs (2) and (3) shall not 

5 apply with respect to articles, materials, or supplies 

6 mined, produced, or manufactured in the People’s 

7 Republic of China until the date on which China be8 comes a party to the Agreement on Government 

9 Procurement (described in section 101(d)(17) of the 

10 Uruguay Round Agreements Act (19 U.S.C. 

11 3511(d)(17))).’’. 

12 (b) DEFENSE CONTRACTS FOR CERTAIN ARTI13 CLES.—Section 2533a of title 10, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(l) INAPPLICABILITY OF EXCEPTIONS TO ARTICLES

16 FROM THE PEOPLE’S REPUBLIC OF CHINA.—The excep17 tions to the requirement in subsection (a) provided under 

18 subsections (c) through (h) shall not apply with respect 

19 to items grown, reprocessed, reused, or produced in the 

20 People’s Republic of China until the date on which China 

21 becomes a party to the Agreement on Government Pro22 curement (described in section 101(d)(17) of the Uruguay 

23 Round Agreements Act (19 U.S.C. 3511(d)(17))).’’. 

24 (c) REQUIREMENTS TO USE AMERICAN IRON, 

25 STEEL, AND MANUFACTURED GOODS UNDER THE AMERVerDate Mar 15 2010 01:47 Jul 27, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3449.IS S3449

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1 ICAN RECOVERY AND REINVESTMENT ACT OF 2009.— 

2 Section 1605 of the American Recovery and Reinvestment 

3 Act of 2009 (Public Law 111–5; 123 Stat. 303) is amend4 ed by adding at the end the following: 

5 ‘‘(e) The exceptions in subsection (b) shall not apply 

6 with respect to iron, steel, or manufactured goods from 

7 the People’s Republic of China until the date on which 

8 China becomes a party to the Agreement on Government 

9 Procurement (described in section 101(d)(17) of the Uru10 guay Round Agreements Act (19 U.S.C. 3511(d)(17))).’’. 

11 SEC. 4. REPORT ON PRODUCTIVE CAPACITY OF THE PEO12 PLE’S REPUBLIC OF CHINA. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Secretary of Com15 merce shall submit to Congress a report on the productive 

16 capacity of the major industrial sectors in the People’s Re17 public of China. 

18 (b) CONTENTS.—The report required by subsection 

19 (a) shall include an assessment of any steps taken by the 

20 Government of the People’s Republic of China to develop, 

21 expand, retract, or otherwise alter the productive capacity 

22 of the sectors identified in the report. 


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1 SEC. 5. REPORT ON SUBSIDIES PROVIDED BY THE PEO2 PLE’S REPUBLIC OF CHINA FOR RENEWABLE 

3 ENERGY PRODUCTS AND TECHNOLOGY. 

4 (a) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretary of Energy, in 

6 consultation with other appropriate agencies, shall report 

7 to Congress regarding the policies of the Government of 

8 the People’s Republic of China with respect to, and the 

9 subsidies provided by the People’s Republic of China for, 

10 the development and exportation of renewable energy 

11 products and technologies. The report shall include an 

12 analysis of the impact of those policies and subsidies on 

13 United States manufacturers of renewable energy prod14 ucts and technologies. 

15 (b) DEFINITIONS.— 

16 (1) RENEWABLE ENERGY.—The term ‘‘renew17 able energy’’ means energy generated by a renewable 

18 energy resource. 

19 (2) RENEWABLE ENERGY PRODUCT OR TECH20 NOLOGY.—The term ‘‘renewable energy product or 

21 technology’’ means any product, technology, or com22 ponent of a product used in the development or pro23 duction of renewable energy. 

24 (3) RENEWABLE ENERGY RESOURCE.—The 

25 term ‘‘renewable energy resource’’ means— 


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1 (A) solar, wind, ocean, tidal, hydrokinetic, 

2 or geothermal energy; 

3 (B) biofuel, biomass, or hydropower; or 

4 (C) any other renewable energy resource, 

5 as determined by the Secretary of Energy. 

Æ 


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