I 

118TH CONGRESS 

1ST SESSION H. R. 813 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. PENCE introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

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 2023’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

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

4 foreign direct investment from responsible private5 sector entities based in trusted countries is directly 

6 linked to the long-term economic prosperity, global 

7 competitiveness, and security of the United States; 

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

9 global competitiveness, economic prosperity, and se10 curity of the United States by— 

11 (A) removing unnecessary barriers to for12 eign direct investment from responsible private13 sector entities based in trusted countries and 

14 the jobs that such investment creates through15 out the United States; 

16 (B) promoting policies to ensure the 

17 United States remains the premier global des18 tination to invest, hire, innovate, provide serv19 ices, and manufacture products; 

20 (C) promoting policies to ensure the 

21 United States remains the global leader in de22 veloping and deploying cutting-edge tech23 nologies, such as self-driving vehicle technology, 

24 artificial intelligence, Internet of Things, quan25 tum computing, blockchain; and 


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1 (D) promoting policies that maintain and 

2 expand resilient supply chains and reduce the 

3 dependence of the United States on supply 

4 chains from China; 

5 (3) maintaining the United States commitment 

6 to an open investment policy with private-sector en7 tities based in trusted countries encourages other 

8 countries to reciprocate and enable the United 

9 States to open new markets abroad for United 

10 States companies and their products; 

11 (4) while foreign direct investment by respon12 sible private-sector entities based in trusted coun13 tries can enhance the United States economic 

14 strength, policies regarding foreign direct investment 

15 should reflect security interests and should not dis16 advantage domestic investors or companies; 

17 (5) United States efforts to attract foreign di18 rect investment from responsible private-sector enti19 ties based in trusted countries should be consistent 

20 with efforts to maintain and improve domestic 

21 standard of living; 

22 (6) as digital information becomes increasingly 

23 important to the United States economy and the de24 velopment of new technologies and services that will 

25 be crucial to the country’s competitiveness in the 


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1 21st century global economy, barriers including data 

2 localization and infringement of intellectual property 

3 rights must be further addressed; and 

4 (7) foreign direct investment by companies or 

5 other entities owned, directed, supported, or influ6 enced by the Chinese Communist Party is a threat 

7 to U.S. security and merits an aggressive policy 

8 framework to protect U.S. interests, jobs, intellec9 tual property, and security. 

10 SEC. 3. FOREIGN DIRECT INVESTMENT REVIEW. 

11 (a) REVIEW.—The Secretary of Commerce and the 

12 Comptroller General of the Government Accountability Of13 fice, in consultation with the Federal Interagency Invest14 ment Working Group established by Executive Order 

15 13577 and in consultation with the heads of other relevant 

16 Federal departments and agencies, shall conduct an inter17 agency review of the global competitiveness of the United 

18 States in attracting foreign direct investment from respon19 sible private-sector entities based in trusted countries and 

20 addressing key foreign trade barriers that firms in ad21 vanced technology sectors face in the global digital econ22 omy. 

23 (b) SPECIFIC MATTERS TO BE INCLUDED.—The re24 view conducted pursuant to subsection (a) shall include 

25 a review of the following: 


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1 (1) The current economic impact of foreign di2 rect investment in the United States, with particular 

3 focus on manufacturing, services, trade (with an em4 phasis on digital trade), and U.S. jobs. 

5 (2) Trends in global cross-border investment 

6 and data flows and the underlying factors for such 

7 trends. 

8 (3) Federal Government policies that facilitate 

9 foreign direct investment attraction and retention 

10 from responsible private-sector entities based in 

11 trusted countries. 

12 (4) Foreign direct investment as compared to 

13 direct investment by domestic entities. 

14 (5) Foreign direct investment that takes the 

15 form of greenfield investment as compared to foreign 

16 direct investment relating to merger and acquisition 

17 activity. 

18 (6) The unique challenges posed by foreign di19 rect investment, particularly acquisitions, in the 

20 United States by State-owned or State-backed enter21 prises, especially from State-directed economies, in22 cluding companies or other entities owned, directed, 

23 supported, or influenced by the Chinese Communist 

24 Party. 


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1 (7) Specific information on the prevalence of in2 vestments made by State-owned or State-backed en3 terprises, especially from State-directed economies, 

4 including companies or other entities owned, di5 rected, supported, or influenced by the Chinese Com6 munist Party, with a particular focus on investments 

7 relating to manufacturing, services, trade (with an 

8 emphasis on digital trade), and jobs. 

9 (8) How other trusted countries are dealing 

10 with the challenge of State-directed and State-sup11 ported investment and whether there are opportuni12 ties to work with like-minded nations to address 

13 such challenge. 

14 (9) Ongoing Federal Government efforts to im15 prove the investment climate and facilitate greater 

16 levels of foreign direct investment in the United 

17 States from responsible private-sector entities based 

18 in trusted countries. 

19 (10) Innovative and noteworthy initiatives by 

20 State and local government to attract foreign invest21 ment from responsible private-sector entities based 

22 in trusted countries. 

23 (11) Initiatives by other countries to identify 

24 best practices for increasing global competitiveness 

25 in attracting foreign direct investment from responVerDate Sep 11 2014 03:00 May 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H813.IH H813

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1 sible private-sector entities based in trusted coun2 tries. 

3 (12) The impact that protectionist policies by 

4 other countries, including forced data localization 

5 rules, forced localization of production, industrial 

6 subsidies, and the infringement of intellectual prop7 erty rights, have on the advanced technology econ8 omy of the United States and the ability for United 

9 States located firms to develop innovative tech10 nologies. 

11 (13) Other barriers to the ability of the United 

12 States to compete globally in an increasingly con13 nected and digital global economy, including, the use 

14 of technical barriers to trade, country-specific stand15 ards for technology products and digital services. 

16 (14) The adequacy of efforts by the Federal 

17 Government to encourage and facilitate foreign di18 rect investment in the United States. 

19 (15) Efforts by the Chinese Communist Party 

20 to circumvent existing laws to gain access to U.S. 

21 markets, foreign direct investment responsible pri22 vate-sector entities based in trusted countries, or in23 tellectual property. 

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.—Before— 

4 (1) conducting the review pursuant to sub5 section (a), the Secretary shall publish notice of the 

6 review in the Federal Register and shall provide an 

7 opportunity for public comment on the matters to be 

8 covered by the review; and 

9 (2) the submission of the report pursuant to 

10 subsection (e), the Secretary shall publish the pro11 posed findings and recommendations in the Federal 

12 Register and shall provide an opportunity for public 

13 comment. 

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

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

16 in coordination with the Federal Interagency Investment 

17 Working Group and the heads of other relevant Federal 

18 departments and agencies, shall submit to Congress a re19 port on the findings of the review required pursuant to 

20 subsection (a) and include recommendations for increasing 

21 the global competitiveness of the United States in attract22 ing foreign direct investment from responsible private-sec23 tor entities based in trusted countries in a manner that 

24 strengthens or maintains the security, labor, consumer, fi25 nancial, or environmental protections of the United States. 


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1 (f) DEFINITIONS.—In this Act: 

2 (1) RESPONSIBLE PRIVATE-SECTOR ENTITY.— 

3 The term ‘‘responsible private-sector entity’’ means 

4 an entity that the Secretary of Commerce deter5 mines is— 

6 (A) not organized under the laws of a for7 eign adversary; and 

8 (B) not owned, controlled, or otherwise 

9 subject to the influence of, a foreign adversary. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Commerce. 

12 (3) TRUSTED COUNTRY.—The term ‘‘trusted 

13 country’’ means a country that is not determined by 

14 the Secretary of Commerce to be a of the United 

15 States. 

Æ 


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