II 

Calendar No. 557 

113TH CONGRESS 

2D SESSION H. R. 2052 

[Report No. 113–252] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2013 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

SEPTEMBER 10, 2014 

Reported by Mr. ROCKEFELLER, without amendment 

AN ACT 

To direct the Secretary of Commerce, in coordination with 

the heads of other relevant Federal departments and 

agencies, to conduct an interagency review of and report 

to Congress on ways to increase the global competitiveness of the United States in attracting foreign direct 

investment. 

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 ‘‘Global Investment in 

5 American Jobs Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) It remains an urgent national priority to 

4 improve economic growth and create new jobs. 

5 (2) National security requires economic 

6 strength and global engagement. 

7 (3) Businesses today have a wide array of 

8 choices when considering where to invest, expand, or 

9 establish new operations. 

10 (4) Administrations of both parties have con11 sistently reaffirmed the need to promote an open in12 vestment climate as a key to domestic economic 

13 prosperity and security. 

14 (5) The United States has historically been the 

15 largest worldwide recipient of foreign direct invest16 ment but has seen its share decline in recent years. 

17 (6) The United States faces increasing competi18 tion from other countries as it works to recruit in19 vestment from global companies. 

20 (7) Foreign direct investment can benefit the 

21 economy and workforce of every State and Common22 wealth in the United States. 

23 (8) According to the latest Federal statistics, 

24 the United States subsidiaries of companies 

25 headquartered abroad contribute to the United 


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1 States economy in a variety of important ways, in2 cluding by— 

3 (A) providing jobs for an estimated 

4 5,600,000 Americans, with compensation that 

5 is often higher than the national private-sector 

6 average, as many of these jobs are in high7 skilled, high-paying industries; 

8 (B) strengthening the United States indus9 trial base and employing nearly 15 percent of 

10 the United States manufacturing sector work11 force; 

12 (C) establishing operations in the United 

13 States from which to sell goods and services 

14 around the world, thereby producing nearly 18 

15 percent of United States exports; 

16 (D) promoting innovation with more than 

17 $41,000,000,000 in annual United States re18 search and development activities; 

19 (E) paying nearly 14 percent of United 

20 States corporate income taxes; and 

21 (F) purchasing goods and services from 

22 local suppliers and small businesses worth hun23 dreds of billions of dollars annually. 

24 (9) These companies account for 5.8 percent of 

25 United States private sector gross domestic product. 


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1 (10) The Department of Commerce has initia2 tives in place to increase foreign direct investment. 

3 (11) The President issued a statement in 2011 

4 reaffirming the longstanding open investment policy 

5 of the United States and encouraged all countries to 

6 pursue such a policy. 

7 (12) The President signed an executive order in 

8 2011 to establish the SelectUSA initiative and ex9 panded its resources and activities in 2012, so as to 

10 promote greater levels of business investment in the 

11 United States. 

12 (13) The President’s Council on Jobs and Com13 petitiveness in 2011 recommended the establishment 

14 of a National Investment Initiative to attract 

15 $1,000,000,000,000 in foreign direct investment 

16 over five years. 

17 (14) Sound transportation infrastructure, a 

18 well-educated and healthy workforce, safe food and 

19 water, stable financial institutions, a fair and equi20 table justice system, and transparent and account21 able administrative procedures are important factors 

22 that contribute to United States global competitive23 ness. 

24 SEC. 3. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) the ability of the United States to attract 

2 foreign direct investment is directly linked to the 

3 long-term economic prosperity, global competitive4 ness, and security of the United States; 

5 (2) it is a top national priority to enhance the 

6 global competitiveness, prosperity, and security of 

7 the United States by— 

8 (A) removing unnecessary barriers to for9 eign direct investment and the jobs that it cre10 ates throughout the United States; and 

11 (B) promoting policies to ensure the 

12 United States remains the premier global des13 tination in which to invest, hire, innovate, and 

14 manufacture products; 

15 (3) maintaining the United States’ commitment 

16 to open investment policy encourages other countries 

17 to reciprocate and enables the United States to open 

18 new markets abroad for United States companies 

19 and their products; 

20 (4) while foreign direct investment can enhance 

21 the Nation’s economic strength, policies regarding 

22 foreign direct investment should reflect national se23 curity interests and should not disadvantage domes24 tic investors or companies; and 


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1 (5) United States efforts to attract foreign di2 rect investment should be consistent with efforts to 

3 maintain and improve the domestic standard of liv4 ing. 

5 SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW. 

6 (a) REVIEW.—The Secretary of Commerce, in coordi7 nation with the Federal Interagency Investment Working 

8 Group and the heads of other relevant Federal depart9 ments and agencies, shall conduct an interagency review 

10 of the global competitiveness of the United States in at11 tracting foreign direct investment. 

12 (b) SPECIFIC MATTERS TO BE INCLUDED.—The re13 view conducted pursuant to subsection (a) shall include 

14 a review of— 

15 (1) the current economic impact of foreign di16 rect investment in the United States, with particular 

17 focus on manufacturing, research and development, 

18 trade, and jobs; 

19 (2) trends in global cross-border investment 

20 flows and the underlying factors for such trends; 

21 (3) Federal Government policies that are closely 

22 linked to the ability of the United States to attract 

23 and retain foreign direct investment; 

24 (4) foreign direct investment as compared to di25 rect investment by domestic entities; 


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1 (5) foreign direct investment that takes the 

2 form of greenfield investment as compared to foreign 

3 direct investment reflecting merger and acquisition 

4 activity; 

5 (6) the unique challenges posed by foreign di6 rect investment by state-owned enterprises; 

7 (7) ongoing Federal Government efforts to im8 prove the investment climate and facilitate greater 

9 levels of foreign direct investment in the United 

10 States; 

11 (8) innovative and noteworthy State, regional, 

12 and local government initiatives to attract foreign in13 vestment; and 

14 (9) initiatives by other countries in order to 

15 identify best practices for increasing global competi16 tiveness in attracting foreign direct investment. 

17 (c) LIMITATION.—The review conducted pursuant to 

18 subsection (a) shall not address laws or policies relating 

19 to the Committee on Foreign Investment in the United 

20 States. 

21 (d) PUBLIC COMMENT.—Prior to— 

22 (1) conducting the review under subsection (a), 

23 the Secretary shall publish notice of the review in 

24 the Federal Register and shall provide an opporVerDate Mar 15 2010 21:43 Sep 10, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2052.RS H2052

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1 tunity for public comment on the matters to be cov2 ered by the review; and 

3 (2) reporting pursuant to subsection (e), the 

4 Secretary shall publish the proposed findings and 

5 recommendations to Congress in the Federal Reg6 ister and shall provide an opportunity for public 

7 comment. 

8 (e) REPORT TO CONGRESS.—Not later than one year 

9 after the date of enactment of this Act, the Secretary of 

10 Commerce, in coordination with the Federal Interagency 

11 Investment Working Group and the heads of other rel12 evant Federal departments and agencies, shall report to 

13 Congress the findings of the review required under sub14 section (a) and submit recommendations for increasing the 

15 global competitiveness of the United States in attracting 

16 foreign direct investment without weakening labor, con17 sumer, financial, or environmental protections. 


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Calendar No. 557 

113TH CONGRESS 

2D SESSION H. R. 2052 

[Report No. 113–252] 

AN ACT 

To direct the Secretary of Commerce, in coordinament. United States in attracting foreign direct invest- to increase the global competitiveness of the agency review of and report to Congress on ways partments and agencies, to conduct an inter- tion with the heads of other relevant Federal deSEPTEMBER 10, 2014 

Reported without amendment 


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