of technical barriers to trade (such as country-specific 
standards for technology products and digital serv-
ices). 
(14) The adequacy of efforts by the Federal Gov-
ernment to encourage and facilitate foreign direct in-
vestment in the United States. 
(15) Efforts by the Chinese Communist Party to 
circumvent existing laws to gain access to United 
States markets, foreign direct investment responsible 
private-sector entities based in trusted countries, or 
intellectual property. 
(16) The extent to which foreign direct invest-
ment from any source, including the Chinese Com-
munist Party, results in displacement, offshoring, or 
outsourcing, including the impact of such investment 
on supply chains. 
(c) LIMITATION.—The review conducted pursuant to 
subsection (a) may not address laws or policies relating to 
the Committee on Foreign Investment in the United States. 
(d) PUBLIC COMMENT.— 
(1) REVIEW.—Not sooner than 60 days before the 
date on which the review is commenced pursuant to 
subsection (a), the Secretary shall publish notice of 
the review in the Federal Register and shall provide 
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an opportunity for public comment on the matters to 
be covered by the review. 
(2) REPORT.—Not sooner than 60 days before 
the date on which the report is submitted pursuant to 
subsection (e), the Secretary shall publish the pro-
posed findings and recommendations in the Federal 
Register and shall provide an opportunity for public 
comment. 
(e) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Secretary, 
in coordination with the Federal Interagency Investment 
Working Group and the heads of other relevant agencies, 
shall submit to Congress a report on the findings of the re-
view required pursuant to subsection (a) and include rec-
ommendations for increasing the global competitiveness of 
the United States in attracting foreign direct investment 
from responsible private-sector entities based in trusted 
countries in a manner that strengthens or maintains the 
security, workforce, consumer, or financial protections of 
the United States. 
(f) DEFINITIONS.—In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given that term in section 551 of title 5, United 
States Code. 
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(2) FOREIGN
ADVERSARY.—The term ‘‘foreign 
adversary’’ has the meaning given that term in part 
7.4 of title 15, Code of Federal Regulations. 
(3) RESPONSIBLE
PRIVATE-SECTOR
ENTITY.— 
The term ‘‘responsible private-sector entity’’ means an 
entity that the Secretary determines is— 
(A) not organized under the laws of a for-
eign adversary; and 
(B) not owned, controlled, or otherwise sub-
ject to the influence of, a foreign adversary. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(5) STATE.—The term ‘‘State’’ means each State 
of the United States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
(6) TRUSTED
COUNTRY.—The term ‘‘trusted 
country’’ means a country or economy that is not de-
termined by the Secretary to be a foreign adversary 
of the United States. 
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Union Calendar No. 108 
118TH CONGRESS 
1ST SESSION 
H. R. 813 
[Report No. 118–137] 
A BILL 
To direct the Secretary of Commerce, in coordina-
tion with the heads of other relevant Federal de-
partments and agencies, to conduct an inter-
agency review of and report to Congress on ways 
to increase the global competitiveness of the 
United States in attracting foreign direct invest-
ment. 
JULY 11, 2023 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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