II 

111TH CONGRESS 

2D SESSION S. 3505 

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. 

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 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 2010’’. 

6 SEC. 2. RECIPROCAL COMPETITIVE TRADE PRACTICES. 

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

8 Agreements Act of 1979 (19 U.S.C. 2512(a)(2)) is amend9 ed to read as follows: 


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1 ‘‘(2) EXCEPTIONS.— 

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

3 not apply in the case of procurements for 

4 which— 

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

6 services of the United States or of eligible 

7 products; or 

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

9 of the United States or of eligible products 

10 are insufficient to fulfill the requirements 

11 of the United States Government. 

12 ‘‘(B) SPECIAL RULE WITH RESPECT TO

13 THE PEOPLE’S REPUBLIC OF CHINA.—Subpara14 graph (A) shall not apply in the case of pro15 curements of products or services of the Peo16 ple’s Republic of China.’’. 

17 (b) WAIVER.—Section 302(b) of the Trade Agree18 ments Act of 1979 (19 U.S.C. 2512(b)) is amended in 

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

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

21 ‘‘may’’. 

22 SEC. 3. REQUIREMENTS TO BUY CERTAIN ITEMS FROM 

23 AMERICAN SOURCES. 

24 (a) BUY AMERICAN ACT.— 


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1 (1) AMERICAN MATERIALS REQUIRED FOR PUB2 LIC USE.—Section 2(a) of the Buy American Act 

3 (41 U.S.C. 10a(a)) is amended by inserting after the 

4 second sentence the following: ‘‘The exceptions in 

5 the previous two sentences shall not apply with re6 spect to articles, materials, or supplies mined, pro7 duced, or manufactured, as the case may be, in the 

8 People’s Republic of China until such time as China 

9 becomes a party to the Agreement on Government 

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

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

12 3511(d)(17)).’’. 

13 (2) CONTRACT SPECIFICATIONS.—Section 3(a) 

14 of the Buy American Act (41 U.S.C. 10b(a)) is 

15 amended by striking ‘‘exception.’’ and inserting ‘‘ex16 ception: Provided further, That such an exception 

17 may not permit the use of articles, materials, or sup18 plies mined, produced, or manufactured, as the case 

19 may be, in the People’s Republic of China until such 

20 time as China becomes a party to the Agreement on 

21 Government Procurement (described in section 

22 101(d)(17) of the Uruguay Round Agreements Act 

23 (19 U.S.C. 3511(d)(17)).’’. 

24 (3) REPORTS.—Section 2(b)(2)(A) of the Buy 

25 American Act (41 U.S.C. 10a(b)(2)(A)) is amended 


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1 by inserting before the semicolon the following: ‘‘and 

2 the country in which such articles, materials, or sup3 plies were manufactured’’. 

4 (b) DEFENSE CONTRACTS FOR CERTAIN ARTI5 CLES.—Section 2533a of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(l) INAPPLICABILITY OF EXCEPTIONS TO ARTICLES

9 FROM THE PEOPLE’S REPUBLIC OF CHINA.—The excep10 tions to the requirement in subsection (a) provided under 

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

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

13 People’s Republic of China until such time as China be14 comes a party to the Agreement on Government Procure15 ment (described in section 101(d)(17) of the Uruguay 

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

17 (c) REQUIREMENTS TO USE AMERICAN IRON, 

18 STEEL, AND MANUFACTURED GOODS UNDER THE AMER19 ICAN RECOVERY AND REINVESTMENT ACT OF 2009.— 

20 Section 1605 of the American Recovery and Reinvestment 

21 Act of 2009 (Public Law 111–5; 123 Stat. 303) is amend22 ed by adding at the end the following new subsection: 

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

24 with respect to iron, steel, and manufactured goods from 

25 the People’s Republic of China until such time as China 


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1 becomes a party to the Agreement on Government Pro2 curement (described in section 101(d)(17) of the Uruguay 

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

4 SEC. 4. REPORT ON PRODUCTIVE CAPACITY OF THE PEO5 PLE’S REPUBLIC OF CHINA. 

6 (a) IN GENERAL.—Not later than 180 days, the Sec7 retary of Commerce shall submit to Congress a report on 

8 the productive capacity of the major industrial sectors in 

9 the People’s Republic of China. 

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

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

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

13 expand, retract, or otherwise alter the productive capacity 

14 of the sectors identified in the report. 

15 SEC. 5. REPORT ON SUBSIDIES PROVIDED BY THE PEO16 PLE’S REPUBLIC OF CHINA FOR RENEWABLE 

17 ENERGY PRODUCTS AND TECHNOLOGY. 

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

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

20 consultation with other appropriate agencies, shall report 

21 to Congress regarding the policies of the Government of 

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

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

24 the development and exportation of renewable energy 

25 products and technologies. The report shall include an 


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1 analysis of the impact of the policies and subsidies on 

2 United States manufacturers of renewable energy prod3 ucts and technologies. 

4 (b) DEFINITIONS.— 

5 (1) RENEWABLE ENERGY.—The term ‘‘renew6 able energy’’ means energy generated by a renewable 

7 energy resource. 

8 (2) RENEWABLE ENERGY PRODUCT OR TECH9 NOLOGY.—The term ‘‘renewable energy product or 

10 technology’’ means any product, technology, or com11 ponent of a product used in the development or pro12 duction of renewable energy. 

13 (3) RENEWABLE ENERGY RESOURCE.—The 

14 term ‘‘renewable energy resource’’ means— 

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

16 or geothermal energy; 

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

18 (C) any other renewable energy resource, 

19 as determined by the Secretary of Energy. 

Æ 


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