IB 

Union Calendar No. 108 

118TH CONGRESS 

1ST SESSION H. R. 813 

[Report No. 118–137] 

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 

JULY 11, 2023 

Additional sponsors: Mr. ALLEN, Ms. STRICKLAND, Ms. ESHOO, Ms. BLUNT

ROCHESTER, and Mr. CRENSHAW

JULY 11, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 2, 2023] 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 813 RH

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. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 813 RH

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’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the ability of the United States to attract for9 eign direct investment from responsible private-sector 

10 entities based in trusted countries is directly linked to 

11 the long-term economic prosperity, global competitive12 ness, and security of the United States; 

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

14 global competitiveness, economic prosperity, and secu15 rity of the United States by— 

16 (A) removing unnecessary barriers to for17 eign direct investment from responsible private18 sector entities based in trusted countries and the 

19 jobs that such investment creates throughout the 

20 United States; 

21 (B) promoting policies to ensure the United 

22 States remains the premier global destination to 

23 invest, hire, innovate, provide services, and man24 ufacture products; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 813 RH

1 (C) promoting policies to ensure the United 

2 States remains the global leader in developing 

3 and deploying cutting-edge technologies, such as 

4 self-driving vehicle technology, artificial intel5 ligence, Internet of Things, quantum computing, 

6 blockchain; and 

7 (D) promoting policies that maintain and 

8 expand resilient supply chains and reduce the 

9 dependence of the United States on supply 

10 chains from China and other foreign adversaries; 

11 (3) maintaining the United States commitment 

12 to an open investment policy with private-sector enti13 ties based in trusted countries encourages other coun14 tries to reciprocate and enable the United States to 

15 open new markets abroad for United States compa16 nies and their products; 

17 (4) while foreign direct investment by responsible 

18 private-sector entities based in trusted countries can 

19 enhance the United States economic strength, policies 

20 regarding foreign direct investment should reflect se21 curity interests and should not disadvantage domestic 

22 investors, companies, or the workforce; 

23 (5) United States efforts to attract foreign direct 

24 investment from responsible private-sector entities 

25 based in trusted countries should be consistent with 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 813 RH

1 efforts to maintain and improve the domestic stand2 ard-of-living, including for the workforce; 

3 (6) as digital information becomes increasingly 

4 important to the United States economy and the de5 velopment of new technologies and services that will 

6 be crucial to the country’s competitiveness in the 21st 

7 century global economy, barriers including data local8 ization and infringement of intellectual property 

9 rights must be further addressed; 

10 (7) foreign direct investment by companies or 

11 other entities owned, directed, supported, or influ12 enced by the Chinese Communist Party is a threat to 

13 United States security and merits an aggressive pol14 icy framework to protect United States interests, jobs, 

15 intellectual property, and security; 

16 (8) foreign direct investment from any source 

17 should not result in the net loss of United States eco18 nomic activity, productive capabilities, and supply 

19 chain resilience; and 

20 (9) foreign direct investment from any source 

21 should strengthen United States security and support 

22 United States workforce, health and safety, consumer, 

23 and financial standards. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 813 RH

1 SEC. 3. FOREIGN DIRECT INVESTMENT REVIEW. 

2 (a) REVIEW.—The Secretary and the Comptroller Gen3 eral of the United States, in consultation with the Federal 

4 Interagency Investment Working Group established pursu5 ant to Executive Order 13577 (76 Fed Reg. 35715; relating 

6 to establishment of the SelectUSA Initiative) and in con7 sultation with the heads of other relevant agencies, shall 

8 conduct an interagency review of the global competitiveness 

9 of the United States in attracting foreign direct investment 

10 from responsible private-sector entities based in trusted 

11 countries and addressing key foreign trade barriers that 

12 firms in advanced technology sectors face in the global dig13 ital economy. 

14 (b) SPECIFIC MATTERS TO BE INCLUDED.—The re15 view conducted pursuant to subsection (a) shall include a 

16 review of the following: 

17 (1) The economic impact of foreign direct invest18 ment in the United States, with particular focus on 

19 manufacturing, services, trade (with an emphasis on 

20 digital trade), and United States jobs. 

21 (2) Trends in global cross-border investment and 

22 data flows and the underlying factors for such trends. 

23 (3) Federal Government policies, that facilitate 

24 foreign direct investment attraction and retention 

25 from responsible private-sector entities based in trust26 ed countries. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 813 RH

1 (4) Foreign direct investment as compared to di2 rect investment by domestic entities. 

3 (5) Foreign direct investment that takes the form 

4 of greenfield investment as compared to foreign direct 

5 investment relating to merger and acquisition activ6 ity. 

7 (6) The unique challenges posed by foreign direct 

8 investment, particularly acquisitions, in the United 

9 States by State-owned or State-backed enterprises, es10 pecially from State-directed economies, including 

11 companies or other entities owned, directed, sup12 ported, or influenced by the Chinese Communist 

13 Party. 

14 (7) Specific information on the prevalence of in15 vestments made by State-owned or State-backed enter16 prises, especially from State-directed economies, in17 cluding companies or other entities owned, directed, 

18 supported, or influenced by the Chinese Communist 

19 Party, with a particular focus on investments relat20 ing to manufacturing, services, trade (with an em21 phasis on digital trade), and jobs. 

22 (8) How other trusted countries are dealing with 

23 the challenge, including screening for and preventing 

24 market distorting investments, of State-directed and 

25 State-supported investment and whether there are opVerDate Sep 11 2014 00:54 Jul 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H813.RH H813

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 813 RH

1 portunities to work with like-minded nations to ad2 dress such challenge. 

3 (9) Ongoing Federal Government efforts to im4 prove the investment climate and facilitate greater 

5 levels of foreign direct investment in the United 

6 States from responsible private-sector entities based in 

7 trusted countries. 

8 (10) Innovative and noteworthy initiatives by 

9 State and local government to attract foreign invest10 ment from responsible private-sector entities based in 

11 trusted countries. 

12 (11) Initiatives by other countries to identify 

13 best practices for increasing global competitiveness in 

14 attracting foreign direct investment from responsible 

15 private-sector entities based in trusted countries. 

16 (12) The impact that protectionist policies by 

17 other countries, including forced data localization 

18 rules, forced localization of production, industrial 

19 subsidies, and the infringement of intellectual prop20 erty rights, have on the advanced technology economy 

21 of the United States and the ability for United States 

22 located firms to develop innovative technologies. 

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 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 813 RH

1 of technical barriers to trade (such as country-specific 

2 standards for technology products and digital serv3 ices). 

4 (14) The adequacy of efforts by the Federal Gov5 ernment to encourage and facilitate foreign direct in6 vestment in the United States. 

7 (15) Efforts by the Chinese Communist Party to 

8 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 to 

19 the Committee on Foreign Investment in the United States. 

20 (d) PUBLIC COMMENT.— 

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

22 date on which the review is commenced pursuant to 

23 subsection (a), the Secretary shall publish notice of 

24 the review in the Federal Register and shall provide 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 813 RH

1 an opportunity for public comment on the matters to 

2 be covered by the review. 

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

4 the date on which the report is submitted pursuant to 

5 subsection (e), the Secretary shall publish the pro6 posed findings and recommendations in the Federal 

7 Register and shall provide an opportunity for public 

8 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 a report on the findings of the re14 view required pursuant to subsection (a) and include rec15 ommendations for increasing the global competitiveness of 

16 the United States in attracting foreign direct investment 

17 from responsible private-sector entities based in trusted 

18 countries in a manner that strengthens or maintains the 

19 security, workforce, consumer, or financial protections of 

20 the United States. 

21 (f) DEFINITIONS.—In this Act: 

22 (1) AGENCY.—The term ‘‘agency’’ has the mean23 ing given that term in section 551 of title 5, United 

24 States Code. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 813 RH

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

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

3 7.4 of title 15, Code of Federal Regulations. 

4 (3) RESPONSIBLE PRIVATE-SECTOR ENTITY.— 

5 The term ‘‘responsible private-sector entity’’ means an 

6 entity that the Secretary determines is— 

7 (A) not organized under the laws of a for8 eign adversary; and 

9 (B) not owned, controlled, or otherwise sub10 ject to the influence of, a foreign adversary. 

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

12 the Secretary of Commerce. 

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

14 of the United States, the District of Columbia, each 

15 commonwealth, territory, or possession of the United 

16 States, and each federally recognized Indian Tribe. 

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

18 country’’ means a country or economy that is not de19 termined by the Secretary to be a foreign adversary 

20 of the United States. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 108 

118TH CONGRESS 

1ST SESSION H. R. 813 

[Report No. 118–137] 

A BILL 

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 deJULY 11, 2023 Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42PROD with BILLS