[Congressional Record Volume 169, Number 122 (Monday, July 17, 2023)]
[House]
[Pages H3624-H3626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             GLOBAL INVESTMENT IN AMERICAN JOBS ACT OF 2023

  Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 813) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 813

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Global Investment in 
     American Jobs Act of 2023''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the ability of the United States to attract foreign 
     direct investment from responsible private-sector entities 
     based in trusted countries is directly linked to the long-
     term economic prosperity, global competitiveness, and 
     security of the United States;
       (2) it is a top national priority to enhance the global 
     competitiveness, economic prosperity, and security of the 
     United States by--
       (A) removing unnecessary barriers to foreign direct 
     investment from responsible private-sector entities based in 
     trusted countries and the jobs that such investment creates 
     throughout the United States;
       (B) promoting policies to ensure the United States remains 
     the premier global destination to invest, hire, innovate, 
     provide services, and manufacture products;
       (C) promoting policies to ensure the United States remains 
     the global leader in developing and deploying cutting-edge 
     technologies, such as self-driving vehicle technology, 
     artificial intelligence, Internet of Things, quantum 
     computing, blockchain; and
       (D) promoting policies that maintain and expand resilient 
     supply chains and reduce the dependence of the United States 
     on supply chains from China and other foreign adversaries;
       (3) maintaining the United States commitment to an open 
     investment policy with private-sector entities based in 
     trusted countries encourages other countries to reciprocate 
     and enable the United States to open new markets abroad for 
     United States companies and their products;
       (4) while foreign direct investment by responsible private-
     sector entities based in trusted countries can enhance the 
     United States economic strength, policies regarding foreign 
     direct investment should reflect security interests and 
     should not disadvantage domestic investors, companies, or the 
     workforce;
       (5) United States efforts to attract foreign direct 
     investment from responsible private-sector entities based in 
     trusted countries should be consistent with efforts to 
     maintain and improve the domestic standard-of-living, 
     including for the workforce;
       (6) as digital information becomes increasingly important 
     to the United States economy and the development of new 
     technologies and services that will be crucial to the 
     country's competitiveness in the 21st century global economy, 
     barriers including data localization and infringement of 
     intellectual property rights must be further addressed;
       (7) foreign direct investment by companies or other 
     entities owned, directed, supported, or influenced by the 
     Chinese Communist Party is a threat to United States security 
     and merits an aggressive policy framework to protect United 
     States interests, jobs, intellectual property, and security;

[[Page H3625]]

       (8) foreign direct investment from any source should not 
     result in the net loss of United States economic activity, 
     productive capabilities, and supply chain resilience; and
       (9) foreign direct investment from any source should 
     strengthen United States security and support United States 
     workforce, health and safety, consumer, and financial 
     standards.

     SEC. 3. FOREIGN DIRECT INVESTMENT REVIEW.

       (a) Review.--The Secretary, in consultation with the 
     Federal Interagency Investment Working Group established 
     pursuant to Executive Order 13577 (76 Fed Reg. 35715; 
     relating to establishment of the SelectUSA Initiative) and in 
     consultation with the heads of other relevant agencies, shall 
     conduct an interagency review of the global competitiveness 
     of the United States in attracting foreign direct investment 
     from responsible private-sector entities based in trusted 
     countries and addressing key foreign trade barriers that 
     firms in advanced technology sectors face in the global 
     digital economy.
       (b) Specific Matters To Be Included.--The review conducted 
     pursuant to subsection (a) shall include a review of the 
     following:
       (1) The economic impact of foreign direct investment in the 
     United States, with particular focus on manufacturing, 
     services, trade (with an emphasis on digital trade), and 
     United States jobs.
       (2) Trends in global cross-border investment and data flows 
     and the underlying factors for such trends.
       (3) Federal Government policies, that facilitate foreign 
     direct investment attraction and retention from responsible 
     private-sector entities based in trusted countries.
       (4) Foreign direct investment as compared to direct 
     investment by domestic entities.
       (5) Foreign direct investment that takes the form of 
     greenfield investment as compared to foreign direct 
     investment relating to merger and acquisition activity.
       (6) The unique challenges posed by foreign direct 
     investment, particularly acquisitions, in the United States 
     by State-owned or State-backed enterprises, especially from 
     State-directed economies, including companies or other 
     entities owned, directed, supported, or influenced by the 
     Chinese Communist Party.
       (7) Specific information on the prevalence of investments 
     made by State-owned or State-backed enterprises, especially 
     from State-directed economies, including companies or other 
     entities owned, directed, supported, or influenced by the 
     Chinese Communist Party, with a particular focus on 
     investments relating to manufacturing, services, trade (with 
     an emphasis on digital trade), and jobs.
       (8) How other trusted countries are dealing with the 
     challenge, including screening for and preventing market 
     distorting investments, of State-directed and State-supported 
     investment and whether there are opportunities to work with 
     like-minded nations to address such challenge.
       (9) Ongoing Federal Government efforts to improve the 
     investment climate and facilitate greater levels of foreign 
     direct investment in the United States from responsible 
     private-sector entities based in trusted countries.
       (10) Innovative and noteworthy initiatives by State and 
     local government to attract foreign investment from 
     responsible private-sector entities based in trusted 
     countries.
       (11) Initiatives by other countries to identify best 
     practices for increasing global competitiveness in attracting 
     foreign direct investment from responsible private-sector 
     entities based in trusted countries.
       (12) The impact that protectionist policies by other 
     countries, including forced data localization rules, forced 
     localization of production, industrial subsidies, and the 
     infringement of intellectual property rights, have on the 
     advanced technology economy of the United States and the 
     ability for United States located firms to develop innovative 
     technologies.
       (13) Other barriers to the ability of the United States to 
     compete globally in an increasingly connected and digital 
     global economy, including the use of technical barriers to 
     trade (such as country-specific standards for technology 
     products and digital services).
       (14) The adequacy of efforts by the Federal Government to 
     encourage and facilitate foreign direct investment 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 investment from any 
     source, including the Chinese Communist 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 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 proposed 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 and the Comptroller General a report on the 
     findings of the review required pursuant to subsection (a) 
     and include recommendations 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) Comptroller General Review.--Not later than one year 
     after the date on which the Comptroller General receives the 
     report pursuant to subsection (e), the Comptroller General 
     shall submit to Congress a review and assessment of the 
     report.
       (g) Definitions.--In this Act:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551 of title 5, United States Code.
       (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 foreign adversary; 
     and
       (B) not owned, controlled, or otherwise subject 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 determined by the Secretary to 
     be a foreign adversary of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentlewoman from Washington (Ms. 
Schrier) each will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material in the Record on this particular bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 813, the Global Investment in 
American Jobs Act of 2023.
  I thank Representative Pence for his work on this legislation and 
Representatives Eshoo and Blunt Rochester and all the cosponsors for 
their support of this very important piece of legislation.
  Foreign direct investment, or FDI, has proven to be critical for 
America's economy, and it is also an integral part of our Nation's 
technological leadership. Still, FDI can be deterred by unnecessary 
barriers that prohibit its expansion from trusted countries, allies, 
and friendly economies. Removing these barriers will ensure that the 
United States remains the global leader in attracting FDI.
  This legislation will require the Secretary of Commerce, along with 
heads of other relevant Federal departments and agencies, to conduct an 
interagency review and report to Congress on ways to increase the 
global competitiveness of the U.S. in attracting FDI from trusted 
countries--I repeat, trusted countries--and economies. This is an 
important distinction that my friend from Indiana included, and I 
appreciate this, to ensure we focus on ways to increase FDI from our 
allies--again, from our allies--rather than countries like China, 
Russia, or anyone else who wants to do harm to our great country.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Ms. SCHRIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 813, the Global 
Investment in American Jobs Act. As this legislation's name would 
suggest, we should work to encourage foreign direct investment that 
supports high-quality jobs here in the United States. Foreign direct 
support and investment from

[[Page H3626]]

nonadversarial nations can be used to grow critical sectors important 
for our economic success and national security, including by creating 
new jobs in our Nation's manufacturing sector.
  Once the envy of the world, our manufacturing base has faced steady 
headwinds for the past several decades. Our Nation's share of global 
manufacturing activity declined from 28 percent in 2002 to just over 17 
percent in 2020. Investment in America's small and medium 
manufacturers, the bedrock of our industrial might, has also declined 
over the past 20 years by more than $200 billion. In that same two-
decade period, our domestic manufacturing base has shed more than 4 
million jobs.
  It is time to reverse these trends by revitalizing our Nation's 
manufacturing industry and bringing jobs back home. The work we did 
last Congress passing the bipartisan infrastructure law, the Inflation 
Reduction Act, and the CHIPS and Science Act is already helping to turn 
the tide. The United States added nearly 700,000 manufacturing jobs 
during President Biden's first 20 months in office. Total construction 
spending on manufacturing in the United States has skyrocketed to 
nearly $200 billion per month, more than doubling prepandemic levels.
  Foreign direct investment can be another part of the solution to 
revitalize American manufacturing and job creation. Over a third of all 
foreign direct investments are in domestic manufacturing, exceeding a 
total of $120 billion a year. This bill would ensure we keep that flow 
of investments strong and that such investments support quality, good-
paying jobs right here at home.
  I commend Representatives Pence and Eshoo for their leadership on 
this issue, and I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield such time as he may consume to 
the gentleman from the great State of Indiana (Mr. Pence), my good 
friend.
  Mr. PENCE. Mr. Speaker, I rise today to urge my colleagues to join me 
in supporting my legislation, H.R. 813, the Global Investment in 
American Jobs Act.
  This bill seeks to improve the attractiveness of foreign investment 
from allied nations and identify barriers that are holding back 
American competitiveness.
  Over 200,000 Hoosiers are directly employed by international 
companies, 56 percent of which are in the manufacturing sector. Because 
of our long, storied history as a leader in manufacturing, companies 
across the world have keyed in to Indiana.
  Before companies started outsourcing operations to China and other 
countries, company towns had lifted small and rural communities across 
the Hoosier State. Take Cummins Engine Company, for example. I have 
lived in Columbus, Indiana, my entire life, and nearly every family, my 
own included, has some connection to the company that has helped build 
and grow Columbus.
  Beyond Indiana, communities across the country share similar stories 
where foreign investment has lifted up communities with stable, good-
paying jobs. International companies in the U.S. employ 8 million 
workers and, over the past 5 years, have created 400,000 new 
manufacturing jobs.
  As countries across the world rethink partnerships with the Chinese 
Communist Party and other bad actors, we have an opportunity to 
leverage investments from allied nations.
  Importantly, this legislation would seek to uncover actions from the 
CCP to gain access to U.S. markets and circumvent national security 
laws. For decades, China has built a calculated strategy to corner 
global supply chains through IP theft and free-market manipulation. 
H.R. 813 addresses anticompetitive practices of the CCP to undermine 
innovation and gain footholds in next-generation technologies.

  I am encouraged that the Global Investment in American Jobs Act has 
long had broad, bipartisan support, like from my colleague from 
California, Congresswoman Eshoo. I look forward to working across the 
aisle to pass this legislation.
  Mr. Speaker, I urge support for this bill.
  Ms. SCHRIER. Mr. Speaker, I yield myself the balance of my time to 
close.
  I would summarize by saying that this is an excellent bill. There are 
so many ways to build up our manufacturing sector and to invest in our 
workforce. Many of those we have already done through the 
infrastructure law, the Inflation Reduction Act, and the CHIPS and 
Science Act. This is another way to shore up jobs and manufacturing 
here at home by encouraging foreign investments from friendly nations.
  Mr. Speaker, I encourage my colleagues to vote ``yes'' on this bill, 
and I yield back the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself the balance of my time to 
close.
  I am proud to be able to work with these great people here on a very 
important bill. We need to encourage legitimate foreign investment in 
our country. I know that other countries create the right environment 
for us to invest in their countries, and it has really been a great 
success. We want to continue to do that, but, again, we are emphasizing 
that these have to be legitimate foreign investments from legitimate 
allied countries.
  Mr. Speaker, I commend the sponsors, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules 
and pass the bill, H.R. 813, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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