IIB 

113TH CONGRESS 

1ST SESSION H. R. 2052 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2013 

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

and Transportation 

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. 


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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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) It remains an urgent national priority to 

9 improve economic growth and create new jobs. 

10 (2) National security requires economic 

11 strength and global engagement. 

12 (3) Businesses today have a wide array of 

13 choices when considering where to invest, expand, or 

14 establish new operations. 

15 (4) Administrations of both parties have con16 sistently reaffirmed the need to promote an open in17 vestment climate as a key to domestic economic 

18 prosperity and security. 

19 (5) The United States has historically been the 

20 largest worldwide recipient of foreign direct invest21 ment but has seen its share decline in recent years. 

22 (6) The United States faces increasing competi23 tion from other countries as it works to recruit in24 vestment from global companies. 


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1 (7) Foreign direct investment can benefit the 

2 economy and workforce of every State and Common3 wealth in the United States. 

4 (8) According to the latest Federal statistics, 

5 the United States subsidiaries of companies 

6 headquartered abroad contribute to the United 

7 States economy in a variety of important ways, in8 cluding by— 

9 (A) providing jobs for an estimated 

10 5,600,000 Americans, with compensation that 

11 is often higher than the national private-sector 

12 average, as many of these jobs are in high13 skilled, high-paying industries; 

14 (B) strengthening the United States indus15 trial base and employing nearly 15 percent of 

16 the United States manufacturing sector work17 force; 

18 (C) establishing operations in the United 

19 States from which to sell goods and services 

20 around the world, thereby producing nearly 18 

21 percent of United States exports; 

22 (D) promoting innovation with more than 

23 $41,000,000,000 in annual United States re24 search and development activities; 


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1 (E) paying nearly 14 percent of United 

2 States corporate income taxes; and 

3 (F) purchasing goods and services from 

4 local suppliers and small businesses worth hun5 dreds of billions of dollars annually. 

6 (9) These companies account for 5.8 percent of 

7 United States private sector gross domestic product. 

8 (10) The Department of Commerce has initia9 tives in place to increase foreign direct investment. 

10 (11) The President issued a statement in 2011 

11 reaffirming the longstanding open investment policy 

12 of the United States and encouraged all countries to 

13 pursue such a policy. 

14 (12) The President signed an executive order in 

15 2011 to establish the SelectUSA initiative and ex16 panded its resources and activities in 2012, so as to 

17 promote greater levels of business investment in the 

18 United States. 

19 (13) The President’s Council on Jobs and Com20 petitiveness in 2011 recommended the establishment 

21 of a National Investment Initiative to attract 

22 $1,000,000,000,000 in foreign direct investment 

23 over five years. 

24 (14) Sound transportation infrastructure, a 

25 well-educated and healthy workforce, safe food and 


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1 water, stable financial institutions, a fair and equi2 table justice system, and transparent and account3 able administrative procedures are important factors 

4 that contribute to United States global competitive5 ness. 

6 SEC. 3. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

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

9 foreign direct investment is directly linked to the 

10 long-term economic prosperity, global competitive11 ness, and security of the United States; 

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

13 global competitiveness, prosperity, and security of 

14 the United States by— 

15 (A) removing unnecessary barriers to for16 eign direct investment and the jobs that it cre17 ates throughout the United States; and 

18 (B) promoting policies to ensure the 

19 United States remains the premier global des20 tination in which to invest, hire, innovate, and 

21 manufacture products; 

22 (3) maintaining the United States’ commitment 

23 to open investment policy encourages other countries 

24 to reciprocate and enables the United States to open 


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1 new markets abroad for United States companies 

2 and their products; 

3 (4) while foreign direct investment can enhance 

4 the Nation’s economic strength, policies regarding 

5 foreign direct investment should reflect national se6 curity interests and should not disadvantage domes7 tic investors or companies; and 

8 (5) United States efforts to attract foreign di9 rect investment should be consistent with efforts to 

10 maintain and improve the domestic standard of liv11 ing. 

12 SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW. 

13 (a) REVIEW.—The Secretary of Commerce, in coordi14 nation with the Federal Interagency Investment Working 

15 Group and the heads of other relevant Federal depart16 ments and agencies, shall conduct an interagency review 

17 of the global competitiveness of the United States in at18 tracting foreign direct investment. 

19 (b) SPECIFIC MATTERS TO BE INCLUDED.—The re20 view conducted pursuant to subsection (a) shall include 

21 a review of— 

22 (1) the current economic impact of foreign di23 rect investment in the United States, with particular 

24 focus on manufacturing, research and development, 

25 trade, and jobs; 


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1 (2) trends in global cross-border investment 

2 flows and the underlying factors for such trends; 

3 (3) Federal Government policies that are closely 

4 linked to the ability of the United States to attract 

5 and retain foreign direct investment; 

6 (4) foreign direct investment as compared to di7 rect investment by domestic entities; 

8 (5) foreign direct investment that takes the 

9 form of greenfield investment as compared to foreign 

10 direct investment reflecting merger and acquisition 

11 activity; 

12 (6) the unique challenges posed by foreign di13 rect investment by state-owned enterprises; 

14 (7) ongoing Federal Government efforts to im15 prove the investment climate and facilitate greater 

16 levels of foreign direct investment in the United 

17 States; 

18 (8) innovative and noteworthy State, regional, 

19 and local government initiatives to attract foreign in20 vestment; and 

21 (9) initiatives by other countries in order to 

22 identify best practices for increasing global competi23 tiveness in attracting foreign direct investment. 

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

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


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1 to the Committee on Foreign Investment in the United 

2 States. 

3 (d) PUBLIC COMMENT.—Prior to— 

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

5 the Secretary shall publish notice of the review in 

6 the Federal Register and shall provide an oppor7 tunity for public comment on the matters to be cov8 ered by the review; and 

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

10 Secretary shall publish the proposed findings and 

11 recommendations to Congress in the Federal Reg12 ister and shall provide an opportunity for public 

13 comment. 

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

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

16 Commerce, in coordination with the Federal Interagency 

17 Investment Working Group and the heads of other rel18 evant Federal departments and agencies, shall report to 

19 Congress the findings of the review required under sub20 section (a) and submit recommendations for increasing the 

21 global competitiveness of the United States in attracting 


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1 foreign direct investment without weakening labor, con2 sumer, financial, or environmental protections. 

Passed the House of Representatives September 9, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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