Library / Laws / 113th / s / S. 1023 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1023
IN THE SENATE OF THE UNITED STATES
May 22, 2013
Mr. Corker (for himself,
Ms. Klobuchar, Mr. Blunt, and Mrs.
Hagan) 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 conduct an
interagency review of and report on ways to increase the competitiveness of the
United States in attracting foreign direct investment.
1.
Short
title
This Act may be cited as
the Global Investment in American Jobs
Act of 2013.
2.
Findings
Congress finds the following:
(1) It remains an
urgent national priority to improve economic growth and create new jobs.
(2) National security
requires economic strength and global engagement.
(3) Businesses today
have a wide array of choices when considering where to invest, expand, or
establish new operations.
(4) Administrations
of both parties have consistently reaffirmed the need to maintain an open
investment climate as a key to domestic economic prosperity and
security.
(5) The United States
has historically been the largest worldwide recipient of foreign direct
investment but has seen its share decline in recent years.
(6) The United States
faces increasing competition from other countries as they work to recruit
investment from global companies.
(7) Foreign direct
investment can benefit the economy and workforce of every State and
Commonwealth in the United States.
(8) According to the
latest Federal statistics, the United States subsidiaries of companies
headquartered abroad contribute to the United States economy in a variety of
important ways, including by—
(A) providing jobs
for nearly 5,600,000 people in the United States with compensation that is
often higher than the national private-sector average, as many of these jobs
are in high-skilled, high-paying industries;
(B) strengthening the
United States industrial base and employing nearly 15 percent of the United
States manufacturing sector workforce;
(C) establishing
operations in the United States from which to sell goods and services around
the world, thereby producing nearly 18 percent of United States exports;
(D) promoting
innovation with more than $41,000,000,000 in annual United States research and
development activities;
(E) paying nearly 14
percent of United States corporate income taxes; and
(F) purchasing goods
and services from local suppliers and small businesses, worth hundreds of
billions of dollars annually.
(9) These companies
account for 5.8 percent of United States private sector Gross Domestic Product
(GDP).
(10) The Department
of Commerce and the Department of State have initiatives in place to increase
foreign direct investment.
(11) President Barack
Obama issued a statement in 2011 reaffirming the longstanding open investment
policy of the United States and encouraged all countries to pursue such a
policy.
(12) President Obama
signed an Executive order in 2011 to establish the SelectUSA initiative and
expanded its resources and activities in 2012, aimed at promoting greater
levels of business investment in the United States.
(13) The President’s
Council on Jobs and Competitiveness in 2011 recommended the establishment of a
National Investment Initiative to attract $1,000,000,000,000 in foreign direct
investment over five years.
3.
Sense of
congress
It is the sense of
Congress that—
(1) the ability of
the United States to attract foreign direct investment is directly linked to
the long-term economic prosperity, global competitiveness, and security of the
United States;
(2) in order to
remain the most attractive location for foreign direct investment, Congress
should be mindful of the potential impact upon the ability of the United States
to attract foreign direct investment when evaluating proposed
legislation;
(3) it is a top
national priority to enhance the competitiveness, prosperity, and security of
the United States by—
(A) removing
unnecessary barriers to foreign direct investment and the jobs that it creates
throughout the United States; and
(B) promoting
policies to ensure the United States remains the premier global destination in
which to invest, hire, innovate, and manufacture their products;
(4) maintaining the
United States commitment to open investment policy encourages other countries
to do the same and enables the United States to open new markets abroad for
United States companies and their products; and
(5) while foreign
direct investment can enhance the economic strength of the United States,
policies regarding foreign direct investment should reflect national security
interests and should not disadvantage domestic investors or companies.
4.
Foreign direct
investment review
(a)
Review
The
Secretary of Commerce, in coordination with the Federal Interagency Investment
Working Group and the heads of other relevant Federal departments and agencies,
shall conduct an interagency review of the global competitiveness of the United
States in attracting foreign direct investment.
(b)
Specific
matters To be included
The review conducted pursuant to
subsection (a) shall include a review of—
(1) the current
economic impact of foreign direct investment in the United States, with
particular focus on manufacturing, research and development, trade, and
jobs;
(2) trends in global
cross-border investment flows, including an assessment of the current United
States competitive position as an investment location for companies
headquartered abroad;
(3) Federal
Government policies that are closely linked to the ability of the United States
to attract and retain foreign direct investment;
(4) ongoing Federal
Government efforts to improve the investment climate, reduce investment
barriers, and facilitate greater levels of foreign direct investment in the
United States;
(5) innovative and
noteworthy State, regional, and local government initiatives to attract foreign
investment; and
(6) initiatives by
other countries in order to identify best practices for increasing global
competitiveness in attracting foreign direct investment.
(c)
Limitation
The
review conducted pursuant to subsection (a) shall not address laws and policies
relating to the Committee on Foreign Investment in the United States.
(d)
Public
comment
Prior to—
(1) conducting the
review under 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; and
(2) reporting
pursuant to subsection (e), the Secretary shall publish the proposed findings
and recommendations to Congress 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 of Commerce, in coordination with the Federal
Interagency Investment Working Group and the heads of other relevant Federal
departments and agencies, shall report to Congress the findings of the review
required under subsection (a) and submit recommendations to make the United
States more competitive in attracting foreign direct investment without
undermining fundamental domestic labor, consumer, or environmental
protections.