II 

112TH CONGRESS 

2D SESSION S. 3274 

To direct the Secretary of Commerce, in coordination with the heads of 

other relevant Federal departments and agencies, to produce a report 

on enhancing the competitiveness of the United States in attracting 

foreign direct investment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2012 

Mr. KERRY (for himself, Mr. CORKER, Mr. BROWN of Ohio, Mr. CHAMBLISS, 

Mr. SESSIONS, and Mr. BROWN of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To direct the Secretary of Commerce, in coordination with 

the heads of other relevant Federal departments and 

agencies, to produce a report on enhancing the competitiveness of the United States in attracting foreign direct 

investment, and for other purposes. 

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 2012’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) It remains an urgent national priority to re4 store 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) United States administrations of both par11 ties have consistently reaffirmed the need to main12 tain an open investment climate as a key to domestic 

13 economic prosperity and security. 

14 (5) The United States has historically been the 

15 largest worldwide recipient of global investment but 

16 has seen its share of global investment stock decline 

17 significantly in recent years. 

18 (6) Governors and mayors throughout the 

19 United States face increasing competition from other 

20 countries as they work to recruit investment from 

21 global companies. 

22 (7) Foreign direct investment benefits the econ23 omy and workforce of every State and Common24 wealth in the United States. 

25 (8) According to the latest United States Gov26 ernment statistics, the United States subsidiaries of 


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1 companies headquartered abroad contribute to the 

2 United States economy in a variety of important 

3 ways, including by— 

4 (A) providing jobs for 5,300,000 Ameri5 cans with average compensation that is approxi6 mately 33 percent higher than the national pri7 vate-sector average, as these jobs are often in 

8 high-skilled, high-paying industries; 

9 (B) strengthening the United States indus10 trial base and employing nearly 17 percent of 

11 the United States manufacturing sector work12 force; 

13 (C) establishing operations in the United 

14 States from which to sell goods and services 

15 around the world, thereby producing nearly 21 

16 percent of United States exports; 

17 (D) promoting innovation with more than 

18 $40,000,000,000 in annual United States re19 search and development activities; 

20 (E) paying nearly 17 percent of United 

21 States corporate income taxes; and 

22 (F) purchasing more than 

23 $1,800,000,000,000 in domestic goods and 

24 services annually from local suppliers and small 


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1 businesses, amounting to 80 cents for every dol2 lar spent on input purchases. 

3 (9) These companies account for 5.3 percent of 

4 United States private sector Gross Domestic Prod5 uct. 

6 (10) The Secretary of Commerce and the Sec7 retary of State have both recently declared increas8 ing inward global investment to be among their top 

9 priorities. 

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 

15 in 2011 to establish the SelectUSA initiative, aimed 

16 at promoting greater levels of business investment in 

17 the United States. 

18 (13) The President’s Council on Jobs and Com19 petitiveness in 2011 recommended the establishment 

20 of a National Investment Initiative to attract 

21 $1,000,000,000,000 in new business investment 

22 from abroad. 

23 (14) The United States and the European 

24 Union recently unveiled a set of principles aimed at 

25 promoting a more open climate for international inVerDate Mar 15 2010 21:19 Jun 11, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3274.IS S3274

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1 vestment and intended as a model for countries 

2 around the world. 

3 (15) Maintaining the United States commit4 ment to open investment policy encourages other 

5 countries to do the same and enables the United 

6 States to open new markets abroad for United 

7 States companies and their products. 

8 SEC. 3. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

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

11 inbound investment is directly linked to the long12 term economic prosperity, competitiveness, and secu13 rity of the United States; 

14 (2) in order to remain the most attractive loca15 tion for global investment, Congress and Federal de16 partments and agencies should consider potential 

17 impact upon the ability of the United States to at18 tract foreign direct investment when evaluating pro19 posed legislation or regulatory policy; and 

20 (3) it is a top national priority to enhance the 

21 competitiveness, prosperity, and security of the 

22 United States by— 

23 (A) removing unnecessary barriers to in24 ward global investment and the jobs that it cre25 ates throughout the United States; and 


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1 (B) promoting policies to ensure the 

2 United States remains the premier destination 

3 for global companies to invest, hire, innovate, 

4 and manufacture their products. 

5 SEC. 4. AMENDMENT TO FOREIGN DIRECT INVESTMENT 

6 AND INTERNATIONAL FINANCIAL DATA IM7 PROVEMENTS ACT OF 1990. 

8 Section 3 of the Foreign Direct Investment and 

9 International Financial Data Improvements Act of 1990 

10 (22 U.S.C. 3142) is amended by adding at the end the 

11 following: 

12 ‘‘(d) REVIEW OF UNITED STATES LAWS AND POLI13 CIES ON FOREIGN DIRECT INVESTMENT IN THE UNITED

14 STATES.— 

15 ‘‘(1) REVIEW.—The Secretary of Commerce, in 

16 coordination with the heads of other relevant Fed17 eral departments and agencies, shall conduct an 

18 interagency review of United States laws and policies 

19 on foreign direct investment in the United States 

20 and develop recommendations to make the United 

21 States more competitive in attracting and retaining 

22 strong investment flows from abroad. 

23 ‘‘(2) ADDITIONAL MATTERS TO BE IN24 CLUDED.—The review conducted pursuant to para25 graph (1) shall include the following: 


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1 ‘‘(A) A review of the current economic im2 pact of foreign direct investment in the United 

3 States and broader trends in global cross-border 

4 investment flows, including an assessment of 

5 the current United States competitive position 

6 as an investment location for companies 

7 headquartered abroad. 

8 ‘‘(B) A review of United States laws and 

9 policies that uniquely apply to foreign direct in10 vestment in the United States, with particular 

11 focus on those laws and policies that may have 

12 the effect of diminishing the ability of the 

13 United States to attract and retain foreign di14 rect investment. 

15 ‘‘(C) A review of ongoing efforts of the 

16 Federal Government to reduce investment bar17 riers and facilitate greater levels of foreign di18 rect investment in the United States. 

19 ‘‘(D) Recommendations based on an as20 sessment of United States laws and policies, in21 cluding a comparative analysis of efforts of 

22 other competing countries, to make the United 

23 States more competitive in attracting global in24 vestment. 


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1 ‘‘(3) COMMENT PERIOD.—The review conducted 

2 under paragraph (1) shall include an open comment 

3 period to solicit input from experts and industry 

4 stakeholders on matters covered by the review. 

5 ‘‘(4) INCLUSION IN REPORT.—The Secretary of 

6 Commerce shall include the results of the review 

7 conducted pursuant to paragraph (1) in the first re8 port prepared under subsection (a) of this section on 

9 or after the date of the enactment of the Global In10 vestment in American Jobs Act of 2012.’’. 

Æ 


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