IIB 

118TH CONGRESS 

1ST SESSION H. R. 813 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2023 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Global Investment in 

3 American Jobs Act of 2023’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

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

7 foreign direct investment from responsible private8 sector entities based in trusted countries is directly 

9 linked to the long-term economic prosperity, global 

10 competitiveness, and security of the United States; 

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

12 global competitiveness, economic prosperity, and se13 curity of the United States by— 

14 (A) removing unnecessary barriers to for15 eign direct investment from responsible private16 sector entities based in trusted countries and 

17 the jobs that such investment creates through18 out the United States; 

19 (B) promoting policies to ensure the 

20 United States remains the premier global des21 tination to invest, hire, innovate, provide serv22 ices, and manufacture products; 

23 (C) promoting policies to ensure the 

24 United States remains the global leader in de25 veloping and deploying cutting-edge tech26 nologies, such as self-driving vehicle technology, 


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1 artificial intelligence, Internet of Things, quan2 tum computing, blockchain; and 

3 (D) promoting policies that maintain and 

4 expand resilient supply chains and reduce the 

5 dependence of the United States on supply 

6 chains from China and other foreign adver7 saries; 

8 (3) maintaining the United States commitment 

9 to an open investment policy with private-sector en10 tities based in trusted countries encourages other 

11 countries to reciprocate and enable the United 

12 States to open new markets abroad for United 

13 States companies and their products; 

14 (4) while foreign direct investment by respon15 sible private-sector entities based in trusted coun16 tries can enhance the United States economic 

17 strength, policies regarding foreign direct investment 

18 should reflect security interests and should not dis19 advantage domestic investors, companies, or the 

20 workforce; 

21 (5) United States efforts to attract foreign di22 rect investment from responsible private-sector enti23 ties based in trusted countries should be consistent 

24 with efforts to maintain and improve the domestic 

25 standard-of-living, including for the workforce; 


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1 (6) as digital information becomes increasingly 

2 important to the United States economy and the de3 velopment of new technologies and services that will 

4 be crucial to the country’s competitiveness in the 

5 21st century global economy, barriers including data 

6 localization and infringement of intellectual property 

7 rights must be further addressed; 

8 (7) foreign direct investment by companies or 

9 other entities owned, directed, supported, or influ10 enced by the Chinese Communist Party is a threat 

11 to United States security and merits an aggressive 

12 policy framework to protect United States interests, 

13 jobs, intellectual property, and security; 

14 (8) foreign direct investment from any source 

15 should not result in the net loss of United States 

16 economic activity, productive capabilities, and supply 

17 chain resilience; and 

18 (9) foreign direct investment from any source 

19 should strengthen United States security and sup20 port United States workforce, health and safety, 

21 consumer, and financial standards. 

22 SEC. 3. FOREIGN DIRECT INVESTMENT REVIEW. 

23 (a) REVIEW.—The Secretary, in consultation with the 

24 Federal Interagency Investment Working Group estab25 lished pursuant to Executive Order No. 13577 (76 Fed. 


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1 Reg. 35715; relating to establishment of the SelectUSA 

2 Initiative) and in consultation with the heads of other rel3 evant agencies, shall conduct an interagency review of the 

4 global competitiveness of the United States in attracting 

5 foreign direct investment from responsible private-sector 

6 entities based in trusted countries and addressing key for7 eign trade barriers that firms in advanced technology sec8 tors face in the global digital economy. 

9 (b) SPECIFIC MATTERS TO BE INCLUDED.—The re10 view conducted pursuant to subsection (a) shall include 

11 a review of the following: 

12 (1) The economic impact of foreign direct in13 vestment in the United States, with particular focus 

14 on manufacturing, services, trade (with an emphasis 

15 on digital trade), and United States jobs. 

16 (2) Trends in global cross-border investment 

17 and data flows and the underlying factors for such 

18 trends. 

19 (3) Federal Government policies, that facilitate 

20 foreign direct investment attraction and retention 

21 from responsible private-sector entities based in 

22 trusted countries. 

23 (4) Foreign direct investment as compared to 

24 direct 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 relating to merger and acquisition 

4 activity. 

5 (6) The unique challenges posed by foreign di6 rect investment, particularly acquisitions, in the 

7 United States by State-owned or State-backed enter8 prises, especially from State-directed economies, in9 cluding companies or other entities owned, directed, 

10 supported, or influenced by the Chinese Communist 

11 Party. 

12 (7) Specific information on the prevalence of in13 vestments made by State-owned or State-backed en14 terprises, especially from State-directed economies, 

15 including companies or other entities owned, di16 rected, supported, or influenced by the Chinese Com17 munist Party, with a particular focus on investments 

18 relating to manufacturing, services, trade (with an 

19 emphasis on digital trade), and jobs. 

20 (8) How other trusted countries are dealing 

21 with the challenge, including screening for and pre22 venting market distorting investments, of State-di23 rected and State-supported investment and whether 

24 there are opportunities to work with like-minded na25 tions to address such challenge. 


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1 (9) Ongoing Federal Government efforts to im2 prove the investment climate and facilitate greater 

3 levels of foreign direct investment in the United 

4 States from responsible private-sector entities based 

5 in trusted countries. 

6 (10) Innovative and noteworthy initiatives by 

7 State and local government to attract foreign invest8 ment from responsible private-sector entities based 

9 in trusted countries. 

10 (11) Initiatives by other countries to identify 

11 best practices for increasing global competitiveness 

12 in attracting foreign direct investment from respon13 sible private-sector entities based in trusted coun14 tries. 

15 (12) The impact that protectionist policies by 

16 other countries, including forced data localization 

17 rules, forced localization of production, industrial 

18 subsidies, and the infringement of intellectual prop19 erty rights, have on the advanced technology econ20 omy of the United States and the ability for United 

21 States located firms to develop innovative tech22 nologies. 

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

24 States to compete globally in an increasingly con25 nected and digital global economy, including the use 


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1 of technical barriers to trade (such as country-spe2 cific standards for technology products and digital 

3 services). 

4 (14) The adequacy of efforts by the Federal 

5 Government to encourage and facilitate foreign di6 rect investment in the United States. 

7 (15) Efforts by the Chinese Communist Party 

8 to circumvent existing laws to gain access to United 

9 States markets, foreign direct investment responsible 

10 private-sector entities based in trusted countries, or 

11 intellectual property. 

12 (16) The extent to which foreign direct invest13 ment from any source, including the Chinese Com14 munist Party, results in displacement, offshoring, or 

15 outsourcing, including the impact of such investment 

16 on supply chains. 

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

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

19 to the Committee on Foreign Investment in the United 

20 States. 

21 (d) PUBLIC COMMENT.— 

22 (1) REVIEW.—Not sooner than 60 days before 

23 the date on which the review is commenced pursuant 

24 to subsection (a), the Secretary shall publish notice 

25 of the review in the Federal Register and shall proVerDate Sep 11 2014 02:32 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H813.RFS H813

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1 vide an opportunity for public comment on the mat2 ters to be covered by the review. 

3 (2) REPORT.—Not sooner than 60 days before 

4 the date on which the report is submitted pursuant 

5 to subsection (e), the Secretary shall publish the 

6 proposed findings and recommendations in the Fed7 eral Register and shall provide an opportunity for 

8 public comment. 

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

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

11 in coordination with the Federal Interagency Investment 

12 Working Group and the heads of other relevant agencies, 

13 shall submit to Congress and the Comptroller General a 

14 report on the findings of the review required pursuant to 

15 subsection (a) and include recommendations for increasing 

16 the global competitiveness of the United States in attract17 ing foreign direct investment from responsible private-sec18 tor entities based in trusted countries in a manner that 

19 strengthens or maintains the security, workforce, con20 sumer, or financial protections of the United States. 

21 (f) COMPTROLLER GENERAL REVIEW.—Not later 

22 than one year after the date on which the Comptroller 

23 General receives the report pursuant to subsection (e), the 

24 Comptroller General shall submit to Congress a review 

25 and assessment of the report. 


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1 (g) DEFINITIONS.—In this Act: 

2 (1) AGENCY.—The term ‘‘agency’’ has the 

3 meaning given that term in section 551 of title 5, 

4 United States Code. 

5 (2) FOREIGN ADVERSARY.—The term ‘‘foreign 

6 adversary’’ has the meaning given that term in part 

7 7.4 of title 15, Code of Federal Regulations. 

8 (3) RESPONSIBLE PRIVATE-SECTOR ENTITY.— 

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

10 an entity that the Secretary determines is— 

11 (A) not organized under the laws of a for12 eign adversary; and 

13 (B) not owned, controlled, or otherwise 

14 subject to the influence of, a foreign adversary. 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Commerce. 

17 (5) STATE.—The term ‘‘State’’ means each 

18 State of the United States, the District of Columbia, 

19 each commonwealth, territory, or possession of the 

20 United States, and each federally recognized Indian 

21 Tribe. 

22 (6) TRUSTED COUNTRY.—The term ‘‘trusted 

23 country’’ means a country or economy that is not 


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1 determined by the Secretary to be a foreign adver2 sary of the United States. 

Passed the House of Representatives July 17, 2023. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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