Reciprocal Government Procurement with China Creates American Jobs Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether or not the Chinese government has prohibited its procurement of U.S. goods during the preceding calendar year; and (2) the total value of U.S. goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement.
Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of U.S. goods during the preceding calendar year.
Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year.
Limits the total value of Chinese goods that may be procured by the U.S. government during the succeeding calendar year to the total value of U.S. goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of U.S. goods during that preceding calendar year.
Directs the International Trade Administration to establish a program to: (1) identify annually the total value of U.S. goods procured by the Chinese government; and (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the U.S. government equals 50%, 75%, and 100% of the total value of U.S. goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5312 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5312
To limit the total value of Chinese goods that may be procured by the
United States Government during a calendar year to not more than the
total value of United States goods procured by the Chinese Government
if any during the preceding calendar year, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2010
Mr. Schauer (for himself, Mr. Michaud, Mr. Ryan of Ohio, Ms. Kaptur,
Mr. Kildee, Mr. Jones, Mr. Hare, Ms. Sutton, and Ms. Shea-Porter)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform, and in addition to the Committees on
Ways and Means and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To limit the total value of Chinese goods that may be procured by the
United States Government during a calendar year to not more than the
total value of United States goods procured by the Chinese Government
if any during the preceding calendar year, 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 ``Reciprocal Government Procurement
with China Creates American Jobs Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) The purchase of government goods and services is an
important means through which the government fulfills its
constitutional duties to provide for the common defense and
promote the general welfare of the United States.
(2) American taxpayers expect that government procurement
serves the interests of all Americans.
(3) The United States and several of its trading partners
are signatories to the WTO Agreement on Government Procurement,
which holds that signatories agree to certain restraints with
regard to government procurement.
(4) However, the People's Republic of China is not a
signatory to the Agreement on Government Procurement, and that,
accordingly, it is not a violation of that agreement for the
Congress to establish procurement policies as best suit the
American public interest with regard to Chinese goods.
(5) China has structured its government procurement law to
favor its domestic goods, as noted in article 10 of such law.
(6) China has also recently announced a plan to favor so-
called ``indigenous innovation'' under which the Chinese
Government would expressly favor locally developed products and
technologies.
(7) American companies have had little or no success in
accessing Chinese Government procurement contracts, while
Chinese companies have had great success in selling goods for
United States Government projects.
(b) Statement of Policy.--Accordingly, it shall be the policy of
the United States to limit the total value of Chinese goods that may be
procured by the United States Government during a calendar year to not
more than the total value of United States goods procured by the
Chinese Government if any during the preceding calendar year.
SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES
PROCUREMENT OF CHINESE GOODS.
(a) Certification.--Not later than March 1 of each year beginning
in 2011, the Secretary of Commerce shall submit to Congress a
certification in writing that contains the following:
(1) A determination of whether or not the Chinese
Government has prohibited the procurement of United States
goods by the Chinese Government during the preceding calendar
year.
(2) If the Chinese Government has not prohibited the
procurement of United States goods by the Chinese Government
during the preceding calendar year, an identification of the
total value of United States goods procured by the Chinese
Government during the preceding calendar year, as determined by
the International Trade Administration under section 4.
(b) Prohibition.--If the Secretary determines and certifies to
Congress under subsection (a)(1) that the Chinese Government has
prohibited the procurement of United States goods by the Chinese
Government during the preceding calendar year, then--
(1) the head of each executive agency may not award a
contract for the procurement of Chinese goods during the
succeeding calendar year; and
(2) the Secretary of Transportation shall prohibit a State
or other entity from using funds made available from the
Highway Trust Fund or the Airport and Airway Trust Fund for the
award of a contract for the procurement of Chinese goods during
the succeeding calendar year.
(c) Limitation.--
(1) In general.--If the Secretary determines and certifies
to Congress under subsection (a)(1) that the Chinese Government
has not prohibited the procurement of United States goods by
the Chinese Government during the preceding calendar year, then
the total value of Chinese goods that may be procured by the
United States Government during the succeeding calendar year
may not exceed the total value of United States goods procured
by the Chinese Government during the preceding calendar year,
as identified under subsection (a)(2).
(2) Rule of construction.--For purposes of determining the
total value of Chinese goods that may be procured by the United
States Government during a calendar year under paragraph (1),
the total value of Chinese goods procured by a State or other
entity using funds made available from the Highway Trust Fund
or the Airport and Airway Trust Fund during the preceding
calendar year shall be deemed to be Chinese goods procured by
the United States Government.
SEC. 4. ITA PROGRAM AND NOTIFICATION.
(a) Program.--The International Trade Administration shall
establish a program--
(1) to identify the total value of United States goods
procured by the Chinese Government on an annual basis, as
required under section 3(a)(2), including an accounting of the
value of such procurement; and
(2) to provide notification in accordance with subsection
(b).
(b) Notification.--The International Trade Administration shall
publish notice in the Federal Register on or as soon as practicable
after the date on which the total value of Chinese goods procured by
the United States Government equals 50 percent, 75 percent, and 100
percent of the total value of United States goods procured by the
Chinese Government during the preceding calendar year for purposes of
complying with the limitation under section 3(c).
SEC. 5. DEFINITIONS.
In this Act:
(1) Chinese good.--The term ``Chinese good'' means a good
that is the growth, product, or manufacture of the People's
Republic of China. A good shall be determined to be the
manufacture of the People's Republic of China for purposes of
this paragraph if the sum of--
(A) the cost or value of the materials produced in
China, plus
(B) the direct costs of processing operations
performed in China,
is not less than 50 percent of the appraised value of such good
at the time it is entered.
(2) Chinese government.--The term ``Chinese Government''
means the central government of the People's Republic of China
and any other governmental entity, including--
(A) any agency or instrumentality of the Chinese
Government;
(B) any entity that is owned or controlled,
directly or indirectly, by the Chinese Government; and
(C) any Chinese provincial or local governmental
entity.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) United states good.--The term ``United States good''
means a good that is the growth, product, or manufacture of the
United States. A good shall be determined to be the manufacture
of the United States for purposes of this paragraph if the sum
of--
(A) the cost or value of the materials produced in
the United States, plus
(B) the direct costs of processing operations
performed in the United States,
is not less than 50 percent of the appraised value of such good
at the time it is entered.
<all>
Introduced in House
Introduced in House
Referred to House Oversight and Government Reform
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Ways and Means, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Transportation and Infrastructure
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Government Management, Organization, and Procurement.
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