[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3097 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 703
114th CONGRESS
  2d Session
                                S. 3097

                          [Report No. 114-393]

      To establish the SelectUSA program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2016

    Mr. Schatz (for himself, Mr. Heller, Mr. Nelson, and Mr. Coons) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                            December 6, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To establish the SelectUSA program, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``SelectUSA Authorization Act 
of 2016''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF SELECTUSA.</DELETED>

<DELETED>    (a) In General.--There is established in the Department of 
Commerce the SelectUSA program (in this Act referred to as 
``SelectUSA''), a Government-wide program to attract and retain 
investment in the United States economy.</DELETED>
<DELETED>    (b) Executive Director.--The Secretary of Commerce shall 
designate a senior staff member of the Department of Commerce to be the 
Executive Director of SelectUSA, who shall coordinate activities 
relating to business investment decisions within the Department of 
Commerce and with other Federal agencies with responsibility for such 
activities.</DELETED>
<DELETED>    (c) Mission.--SelectUSA shall--</DELETED>
        <DELETED>    (1) facilitate business investment in the United 
        States in order to create jobs, spur economic growth, and 
        promote United States competitiveness;</DELETED>
        <DELETED>    (2) provide enhanced coordination of Federal 
        activities in order to increase the impact of Federal resources 
        that support domestic and foreign investment in the United 
        States;</DELETED>
        <DELETED>    (3) in providing assistance, work to maximize 
        impact on business investment, job creation, and economic 
        growth; and</DELETED>
        <DELETED>    (4) work on behalf of the entire United States and 
        exercise strict neutrality, except as specified in subsection 
        (e), with regard to specific locations within the United 
        States.</DELETED>
<DELETED>    (d) Functions.--SelectUSA shall--</DELETED>
        <DELETED>    (1) coordinate outreach and engagement by the 
        Federal Government to promote the United States as the premier 
        location to operate a business;</DELETED>
        <DELETED>    (2) endeavor to coordinate and avoid duplication 
        with other Federal agencies;</DELETED>
        <DELETED>    (3) serve as an ombudsman that facilitates the 
        resolution of issues involving Federal programs or activities 
        related to pending investments;</DELETED>
        <DELETED>    (4) provide information to domestic and foreign 
        firms on--</DELETED>
                <DELETED>    (A) the investment climate in the United 
                States;</DELETED>
                <DELETED>    (B) Federal programs and incentives 
                available to investors; and</DELETED>
                <DELETED>    (C) State and local economic development 
                organizations; and</DELETED>
        <DELETED>    (5) report periodically to the President, through 
        the National Economic Council, the Domestic Policy Council, and 
        the National Security Staff, on outreach activities of 
        SelectUSA, requests for information received by SelectUSA, and 
        efforts of SelectUSA to resolve issues.</DELETED>
<DELETED>    (e) Increased Opportunities for Rural Areas and Smaller 
States.--SelectUSA shall endeavor--</DELETED>
        <DELETED>    (1) to increase foreign direct investment 
        opportunities for rural areas and smaller States; and</DELETED>
        <DELETED>    (2) to make its services increasingly available to 
        rural areas and smaller States, including through--</DELETED>
                <DELETED>    (A) teleconferencing;</DELETED>
                <DELETED>    (B) geographic positioning of conferences 
                and events of SelectUSA, when practicable; 
                and</DELETED>
                <DELETED>    (C) increased attention by staff of 
                SelectUSA.</DELETED>
<DELETED>    (f) Participation of Other Agencies.--All Federal agencies 
with responsibility for activities relating to business investment 
decisions shall cooperate with SelectUSA, as requested by the Executive 
Director, to support the objectives of SelectUSA.</DELETED>

<DELETED>SEC. 3. FEDERAL INTERAGENCY INVESTMENT WORKING 
              GROUP.</DELETED>

<DELETED>    (a) Establishment.--There is established the Federal 
Interagency Investment Working Group (in this section referred to as 
the ``Working Group''), which shall be convened and chaired by the 
Executive Director of SelectUSA, in coordination with the Director of 
the National Economic Council.</DELETED>
<DELETED>    (b) Membership.--The Working Group shall consist of senior 
officials from--</DELETED>
        <DELETED>    (1) agencies represented on the Trade Promotion 
        Coordinating Committee established by section 2312 of the 
        Export Enhancement Act of 1988 (15 U.S.C. 4727); and</DELETED>
        <DELETED>    (2) such other agencies as the Secretary of 
        Commerce may designate.</DELETED>
<DELETED>    (c) Functions.--The Working Group shall coordinate 
activities to promote business investment and respond to specific 
issues that affect business investment decisions.</DELETED>

<DELETED>SEC. 4. REPORTS AND NOTIFICATIONS TO CONGRESS.</DELETED>

<DELETED>    (a) In General.--Not later than December 31 of each year, 
the Secretary of Commerce shall submit to Congress a report on the 
activities of SelectUSA during the preceding fiscal year.</DELETED>
<DELETED>    (b) Contents.--Each report submitted under subsection (a) 
shall include, for the period covered by the report, the 
following:</DELETED>
        <DELETED>    (1) A description of the outreach activities of 
        SelectUSA.</DELETED>
        <DELETED>    (2) A statement of the funds used by 
        SelectUSA.</DELETED>
        <DELETED>    (3) An assessment of the number of foreign firms 
        that located in the United States using the services provided 
        by SelectUSA, including the economic effect of such locations 
        for the United States, and an assessment of related services 
        provided by SelectUSA to State, local, regional, and tribal 
        economic development organizations and international 
        investors.</DELETED>
        <DELETED>    (4) A description of the progress made by the 
        United States in increasing its share of foreign direct 
        investment from the Asia and Pacific regions.</DELETED>
        <DELETED>    (5) A description of the efforts of SelectUSA in 
        promoting foreign direct investment in rural areas or smaller 
        States.</DELETED>
        <DELETED>    (6) A description of the efforts of SelectUSA in 
        coordinating with other Federal agencies, including the United 
        States and Foreign Commercial Service established under section 
        2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721), 
        the Department of State, and the Foreign Agricultural Service 
        of the Department of Agriculture.</DELETED>
        <DELETED>    (7) Any findings that are made by SelectUSA in 
        conducting its activities and are relevant to promoting the 
        United States as a destination for foreign direct 
        investment.</DELETED>

<DELETED>SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE ASSESSMENT OF 
              EFFECTIVENESS OF SELECTUSA.</DELETED>

<DELETED>    (a) In General.--Not later than one year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report assessing the effectiveness of 
SelectUSA in increasing, encouraging, and supporting foreign direct 
investment in the United States.</DELETED>
<DELETED>    (b) Recommendations.--The report required by subsection 
(a) shall include recommendations for ways SelectUSA may--</DELETED>
        <DELETED>    (1) increase foreign direct investment in the 
        United States;</DELETED>
        <DELETED>    (2) better coordinate with other Federal agencies 
        and other entities;</DELETED>
        <DELETED>    (3) better serve rural areas and smaller States, 
        including by tailoring activities to those areas and 
        States;</DELETED>
        <DELETED>    (4) increase foreign direct investment in those 
        areas and States; and</DELETED>
        <DELETED>    (5) more effectively use its resources.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR 
              SELECTUSA.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out 
SelectUSA such sums as may be necessary for fiscal year 2017 and each 
fiscal year thereafter.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SelectUSA Authorization Act of 
2016''.

SEC. 2. ESTABLISHMENT OF SELECTUSA.

    (a) In General.--There is established in the Department of Commerce 
the SelectUSA program (in this Act referred to as ``SelectUSA''), a 
Government-wide program to attract and retain investment in the United 
States economy.
    (b) Executive Director.--The Secretary of Commerce shall designate 
a senior staff member of the Department of Commerce to be the Executive 
Director of SelectUSA, who shall coordinate activities relating to 
business investment decisions within the Department of Commerce and 
with other Federal agencies with responsibility for such activities.
    (c) Mission.--SelectUSA shall--
            (1) facilitate business investment in the United States in 
        order to create jobs, spur economic growth, and promote United 
        States competitiveness;
            (2) provide enhanced coordination of Federal activities in 
        order to increase the impact of Federal resources that support 
        domestic and foreign investment in the United States;
            (3) in providing assistance, work to maximize impact on 
        business investment, job creation, and economic growth; and
            (4) work on behalf of the entire United States and exercise 
        strict neutrality, except as specified in subsection (e), with 
        regard to specific locations within the United States.
    (d) Functions.--SelectUSA shall--
            (1) coordinate outreach and engagement by the Federal 
        Government to promote the United States as the premier location 
        to operate a business;
            (2) endeavor to coordinate and avoid duplication with other 
        Federal agencies;
            (3) serve as an ombudsman that facilitates the resolution 
        of issues involving Federal programs or activities related to 
        pending investments;
            (4) provide information to domestic and foreign firms on--
                    (A) the investment climate in the United States;
                    (B) Federal programs and incentives available to 
                investors; and
                    (C) State and local economic development 
                organizations; and
            (5) report periodically to the President, through the 
        National Economic Council, the Domestic Policy Council, and the 
        National Security Staff, on outreach activities of SelectUSA, 
        requests for information received by SelectUSA, and efforts of 
        SelectUSA to resolve issues.
    (e) Increased Opportunities for Rural Areas and Smaller States.--
SelectUSA shall endeavor--
            (1) to increase foreign direct investment opportunities for 
        rural areas and smaller States; and
            (2) to make its services increasingly available to rural 
        areas and smaller States, including through--
                    (A) teleconferencing;
                    (B) geographic positioning of conferences and 
                events of SelectUSA, when practicable; and
                    (C) increased attention by staff of SelectUSA.
    (f) Participation of Other Agencies.--All Federal agencies with 
responsibility for activities relating to business investment decisions 
shall cooperate with SelectUSA, as requested by the Executive Director, 
to support the objectives of SelectUSA.

SEC. 3. FEDERAL INTERAGENCY INVESTMENT WORKING GROUP.

    (a) Establishment.--There is established the Federal Interagency 
Investment Working Group (in this section referred to as the ``Working 
Group''), which shall be convened and chaired by the Executive Director 
of SelectUSA, in coordination with the Director of the National 
Economic Council.
    (b) Membership.--The Working Group shall consist of senior 
officials from--
            (1) agencies represented on the Trade Promotion 
        Coordinating Committee established by section 2312 of the 
        Export Enhancement Act of 1988 (15 U.S.C. 4727); and
            (2) such other agencies as the Secretary of Commerce may 
        designate.
    (c) Functions.--The Working Group shall coordinate activities to 
promote business investment and respond to specific issues that affect 
business investment decisions.

SEC. 4. REPORTS AND NOTIFICATIONS TO CONGRESS.

    (a) In General.--Not later than December 31 of each year, the 
Secretary of Commerce shall submit to Congress a report on the 
activities of SelectUSA during the preceding fiscal year.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, for the period covered by the report, the following:
            (1) A description of the outreach activities of SelectUSA.
            (2) A statement of the funds used by SelectUSA.
            (3) An assessment of the number of foreign firms that 
        located in the United States using the services provided by 
        SelectUSA, including the economic effect of such locations for 
        the United States, and an assessment of related services 
        provided by SelectUSA to State, local, regional, and tribal 
        economic development organizations and international investors.
            (4) A description of the progress made by the United States 
        in increasing its share of foreign direct investment from the 
        Asia and Pacific regions.
            (5) A description of the efforts of SelectUSA in promoting 
        foreign direct investment in rural areas or smaller States.
            (6) A description of the efforts of SelectUSA in 
        coordinating with other Federal agencies, including the United 
        States and Foreign Commercial Service established under section 
        2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721), 
        the Department of State, and the Foreign Agricultural Service 
        of the Department of Agriculture.
            (7) Any findings that are made by SelectUSA in conducting 
        its activities and are relevant to promoting the United States 
        as a destination for foreign direct investment.

SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE ASSESSMENT OF EFFECTIVENESS OF 
              SELECTUSA.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report assessing the effectiveness of 
SelectUSA in increasing, encouraging, and supporting foreign direct 
investment in the United States.
    (b) Recommendations.--The report required by subsection (a) shall 
include, as appropriate, recommendations for ways SelectUSA may--
            (1) increase foreign direct investment in the United 
        States;
            (2) better coordinate with other Federal agencies and other 
        entities;
            (3) better serve rural areas and smaller States, including 
        by tailoring activities to those areas and States;
            (4) increase foreign direct investment in those areas and 
        States; and
            (5) more effectively use its resources.

SEC. 6. REQUIREMENTS FOR POLITICAL APPOINTEES OF DEPARTMENT OF 
              COMMERCE.

    (a) Training Certification Required for New Political Appointees.--
At the beginning of each fiscal year, the Secretary of Commerce shall 
certify to Congress that each newly appointed political official of the 
Department of Commerce has received training on each of the following:
            (1) Regulations and policies governing the use of 
        subordinates for non-official business.
            (2) Restrictions against the use of the political 
        appointee's title or position for personal gain or creating the 
        appearance of such use.
            (3) Key regulations and policies governing official travel, 
        including the Federal Travel Regulation, as well as 
        departmental travel policies, particularly regarding the 
        necessity for adequately documented justification to support 
        any per diem overages.
            (4) The advisability of monitoring renovation work done to 
        their office suites to ensure the cost of such work does not 
        contravene congressional budget restrictions.
    (b) Report on Renovations to Office Suite of Under Secretary for 
International Trade.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a written 
report regarding the renovations to the office suite of the Under 
Secretary for International Trade regarding whether expenditures 
associated with those renovations exceeded the $5,000 limit imposed by 
Congress and whether the expenditures contravened section 1341 of title 
31, United States Code (commonly known as the ``Anti-Deficiency Act'').
    (c) Certification on Procedures Regarding Categorization of Work on 
Certain Office Suites.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary shall certify to Congress that the 
Secretary has implemented procedures requiring thorough documentation 
to support the categorization of any work performed on an official 
office suite of a politically appointed official as--
            (1) general or routine maintenance; or
            (2) renovation work that is subject to congressional budget 
        restrictions.
    (d) Report on Encouraging Whistleblowing.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary shall submit 
to Congress a report on the steps the Secretary has taken to make 
subordinates working for politically appointed officials feel empowered 
to report instances of potential regulatory, policy, or rule violations 
to their superiors or to the Inspector General of the Department of 
Commerce.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR SELECTUSA.

    There are authorized to be appropriated to carry out SelectUSA 
$15,000,000 for each of fiscal years 2017 through 2021.
                                                       Calendar No. 703

114th CONGRESS

  2d Session

                                S. 3097

                          [Report No. 114-393]

_______________________________________________________________________

                                 A BILL

      To establish the SelectUSA program, and for other purposes.

_______________________________________________________________________

                            December 6, 2016

                       Reported with an amendment