II 118th CONGRESS 1st Session S. 2545 IN THE SENATE OF THE UNITED STATES July 26, 2023 Ms. Hassan (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the United States Trade Representative to regularly monitor industrial subsidies provided by the Government of the People’s Republic of China and submit a report on the risks posed by those subsidies, and for other purposes.

1. Short title This Act may be cited as the Strengthen American Competitiveness Against Harmful Subsidies Act of 2023 . 2. Monitoring by United States Trade Representative of industrial subsidies provided by Government of People’s Republic of China (a) Monitoring The United States Trade Representative, in coordination with the entities specified in subsection (b), shall regularly monitor— (1) industrial subsidies provided by the Government of the People’s Republic of China; and (2) plans by the Government of the People’s Republic of China to implement new industrial subsidies or expand existing industrial subsidies. (b) Entities specified The entities specified in this subsection are the following: (1) The Bureau of Economics and Business Affairs of the Department of State. (2) The United States and Foreign Commercial Service of the Department of Commerce (established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 )). (3) The International Trade Administration of the Department of Commerce (other than the United States and Foreign Commercial Service). (4) The Foreign Agricultural Service of the Department of Agriculture. (5) The Small Business Administration. (6) Any other department or agency of the Federal Government, as determined by the President. 3. Reporting by United States Trade Representative on risks posed by industrial subsidies provided by Government of People’s Republic of China (a) Reporting Not later than one year after the date of the enactment of this Act, and annually thereafter, the United States Trade Representative, in coordination with the entities specified in subsection (b), shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that— (1) identifies current and expected industrial subsidies provided by the Government of the People’s Republic of China that pose significant risk to— (A) employment in the United States, including employment in strategically critical industries; and (B) manufacturing in the United States, including production of strategically critical goods; and (2) recommends legislative, administrative, or other actions that could mitigate the risks posed by industrial subsidies identified in paragraph (1). (b) Entities specified The entities specified in this subsection are the following: (1) The Bureau of Economics and Business Affairs of the Department of State. (2) The United States Agency for International Development. (3) The United States and Foreign Commercial Service of the Department of Commerce (established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 )). (4) The Industry and Analysis unit and the Enforcement and Compliance unit of the International Trade Administration of the Department of Commerce. (5) The Bureau of Industry and Security of the Department of Commerce. (6) The Small Business Administration. (7) The Department of Labor. (8) The Department of Transportation. (9) The Department of Energy. (10) Any other department or agency of the Federal Government, as determined by the President. (c) Definitions In this section: (1) Critical infrastructure The term critical infrastructure has the meaning given that term in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). (2) Key technology focus areas The term key technology focus areas means the key technology focus areas included in the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ). (3) Strategically critical good The term strategically critical good means any raw, in process, or manufactured material (including any mineral, metal, or advanced processed material), article, commodity, supply, product, or item of supply the absence of which would have a significant effect on— (A) the national security or economic security of the United States; and (B) critical infrastructure. (4) Strategically critical industry The term strategically critical industry means an industry that is critical for the national security or economic security of the United States, considering key technology focus areas and critical infrastructure.