HouseH.R. 9062119th Congress
BOOST American Business Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9062 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9062
To increase the capacity and effectiveness of the Department in
supporting American businesses operating overseas and protecting
American industries from adversaries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2026
Mrs. Kim introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To increase the capacity and effectiveness of the Department in
supporting American businesses operating overseas and protecting
American industries from adversaries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Building
Opportunities Overseas to Strengthen and Train American Business Act''
or the ``BOOST American Business Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress; statement of policy.
Sec. 3. Purposes.
Sec. 4. Director General of the Foreign and Commercial Diplomatic
Services.
Sec. 5. Establishment of the Commercial Diplomatic Service.
Sec. 6. Commercial Diplomatic Service assignments.
Sec. 7. Commercial Diplomatic Service training.
Sec. 8. Strengthening commercial diplomacy expertise at the Department
of State.
Sec. 9. Contracting authority.
Sec. 10. Definitions.
SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) On December 7, 1979, President Carter issued Executive
Order 12175 (44 Fed. Reg. 70703; relating to Reorganization of
functions relating to international trade) which implemented
Reorganization Plan No. 3 of 1979, initiating the move of the
Foreign Commercial Service from the Department of State to the
Department of Commerce.
(2) There are an estimated 207 Foreign Commercial Service
officers currently employed by the Department of Commerce.
These personnel are deployed across 80 United States diplomatic
and consular posts, roughly one-third of all such posts.
(3) Where the Foreign Commercial Service is not present,
the role and function of commercial diplomacy officer is
performed by Economic Foreign Service Officers employed by the
Department of State.
(4) The transfer of the Foreign Commercial Service to the
Department of Commerce removed important trade related
functions which had been central to the mission of the
Department of State since 1789, creating a counterproductive
division between foreign policy and commercial diplomacy.
(5) The fiscal year 2026 Congressional Budget Justification
of the Department of Commerce proposed a staff reduction of 39
percent for the Global Markets business unit, which includes
the Foreign Commercial Service. At this requested level, the
size of the Global Markets business unit would be its smallest
in more than two decades.
(6) The fiscal year 2026 Congressional Budget Justification
of the Department of Commerce proposed a funding reduction for
the International Trade Agency, which also includes the Foreign
Commercial Service, of approximately 31 percent from the fiscal
year 2025 enacted level, which was the lowest request for such
agency since 2009.
(7) The fiscal year 2027 Congressional Budget Justification
of the Department of Commerce proposes a funding reduction of
approximately 51 percent from the fiscal year 2026 estimated
level for the Global Markets business unit.
(8) Cuts to the Foreign Commercial Service are inconsistent
with the priorities articulated by President Trump and contrary
to the commercial diplomacy goals and objectives of the United
States.
(9) The National Security Strategy of the United States
published in November 2025 states, ``economic security is
fundamental to national security'' and ``the United States will
prioritize rebalancing our trade relations, reducing trade
deficits, opposing barriers to our exports, and ending dumping
and other anti-competitive practices that hurt American
industries and workers.''
(10) On February 12, 2025, President Trump issued Executive
Order 14211 (90 Fed. Reg. 9831; relating to One Voice for
America's Foreign Relations) which directs the Secretary of
State ``to reform the foreign service in areas such as
recruiting, performance, evaluation, and retention standards to
ensure only the most qualified and committed individuals
represent American interests abroad.''
(11) On March 19, 2026, in testimony before the House
Foreign Affairs Committee, the Under Secretary of State for
Management testified that ``our Econ officers in the past have
been trained to do economic reporting . . . now we are shifting
to a situation where commercial diplomacy is our policy. So
we're working very closely with our Econ officers to make sure
they have the skill sets to go out there and do that commercial
diplomacy.''
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Commercial Diplomatic Service, as established by
this Act, should be composed of 750 officers by 2028 and the
Commercial Diplomatic Service should continue to expand as
necessary to ensure the Department of States deploys a highly
effective and efficient commercial diplomacy enterprise;
(2) individuals charged with leading commercial diplomatic
efforts on behalf of the United States require specialized
skillsets that are sufficiently different from other career
tracks in the Foreign Service to warrant distinctive hiring
practices and rotational deployment cycles; and
(3) that commercial diplomacy posting both within the
United States and at United States diplomatic and consular
posts should only be filled by qualified personnel.
(c) Statement of Policy.--It is the policy of the United States to
provide United States businesses with effective support in their
attempts to access and remain competitive in international markets,
including by prioritizing commercial diplomacy efforts within United
States foreign policy and consolidating disparate international
commercial diplomacy enterprises under the direction of the Secretary
of State, consistent with the responsibility of the Secretary of State
in the management of foreign affairs.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) create a cadre of specialists within the Foreign
Service of the Department of State, dedicated to commercial
diplomacy, and distinct from other career paths of the Foreign
Service;
(2) align and integrate commercial diplomacy efforts with
other foreign policy priorities by removing institutional
barriers and expanding the size of the commercial diplomacy
enterprise at the Department of State;
(3) recognize that Economic Officers in the Foreign Service
are already performing the functions of commercial diplomats in
two-thirds of all United States diplomatic and consular posts
and provide such officers with the necessary training to be
successful;
(4) fill the void in the United States commercial diplomacy
program created by the steady decrease in resources assigned to
the Foreign Commercial Service under the Department of
Commerce; and
(5) ensure that commercial diplomacy efforts of the
Department of State are conducted in coordination with the
Department of Commerce and other relevant Federal agencies,
consistent with their statutory authorities.
SEC. 4. DIRECTOR GENERAL OF THE FOREIGN AND COMMERCIAL DIPLOMATIC
SERVICES.
Chapter 2 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3921 et seq.) is amended by striking section 208 and inserting the
following:
``SEC. 208. DIRECTOR GENERAL OF THE FOREIGN AND COMMERCIAL DIPLOMATIC
SERVICES.
``(a) Establishment.--The President shall appoint, by and with the
advice and consent of the Senate, a Director General of the Foreign and
Commercial Diplomatic Services who shall have the rank and status of
Assistant Secretary and report directly to the Under Secretary for
Management for matters pertaining to--
``(1) the management, deployment, and operations of both
Foreign Service generalist officers and the Commercial
Diplomatic Service and its officers; and
``(2) such other related duties as the Secretary may from
time to time designate.
``(b) Deputies.--The Secretary, in consultation with the Under
Secretary for Management and the Director General of the Foreign and
Commercial Diplomatic Services, shall select one current or former
career member of the Foreign Service to serve as the Deputy of Foreign
Service Officers and one current or former career member of the Foreign
Service to serve as the Deputy of the Commercial Diplomatic Service.
``(c) Qualifications.--The Deputy of the Commercial Diplomatic
Service shall have demonstrated ability in not less than four of the
five following areas:
``(1) Commercial diplomacy.
``(2) International business development and advocacy.
``(3) Investment strategy development and implementation.
``(4) Executive-level management.
``(5) Public affairs.
``(d) Responsibilities.--In addition to the duties described in
subsection (a), the Deputy of the Commercial Diplomatic Service shall
maintain continuous observation and coordination for all matters
pertaining to commercial diplomacy affairs in the conduct of foreign
policy, including, as appropriate, the following:
``(1) Investment promotion, such as--
``(A) advocating for United States businesses and
commercial interests overseas;
``(B) identifying foreign market opportunities for
United States businesses and helping United State firms
overcome challenges in foreign business climates;
``(C) helping United States companies compete for
and win contracts in foreign markets;
``(D) attracting foreign investment into the United
States by identifying high potential businesses in
foreign countries;
``(E) ensuring United States private sector
concerns are integrated into United States foreign
policy and economic policy; and
``(F) promoting international commercial projects
that advance the national security interests of the
United States, regardless of domestic content
thresholds.
``(2) Bolstering supply chain resilience, and protecting
intellectual property rights.
``(3) International investment policy, including monitoring
investment climates, negotiating and implementing investment
agreements, representing the Department in the Committee on
Foreign Investment in the United States, and assisting United
States companies involved in investment disputes with foreign
governments.
``(4) The promotion of sound, transparent, and stable
economic policies overseas.
``(5) Perform such other duties as the Under Secretary for
Economic Affairs may from time to time designate.''.
SEC. 5. ESTABLISHMENT OF THE COMMERCIAL DIPLOMATIC SERVICE.
Chapter 3 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3941 et seq.) is amended by striking section 303 and inserting the
following:
``SEC. 303. COMMERCIAL DIPLOMATIC SERVICE.
``(a) In General.--The Secretary shall establish a Commercial
Diplomatic Service, within the Foreign Service, for the purpose of
helping United States companies, particularly in industries of
strategic importance to the United States, export their products and
services to international markets.
``(b) Officers.--The positions of the Commercial Diplomatic Service
established under subsection (a) shall be filled in accordance with the
provisions of this Act. In filling such positions, the Secretary shall
actively recruit individuals with a demonstrated experience--
``(1) conducting business and economic analysis including
reading and interpreting corporate balance sheets and income
statements;
``(2) negotiating international business contracts;
``(3) working and developing long-term relationships with
individuals from different countries across different cultural
and business practices;
``(4) analyzing quantitative data and statistics to draw
conclusions about market trends.''.
SEC. 6. COMMERCIAL DIPLOMATIC SERVICE ASSIGNMENTS.
Chapter 5 of title I of the Foreign Service Act of 1980 is
amended--
(1) in section 501 (22 U.S.C. 3981), by striking the last
sentence and inserting the following: ``In classifying
positions at Foreign Service posts abroad and domestically, the
Secretary shall ensure that positions are properly classified
to attract and retain candidates with the appropriate skills
and levels of experience for each position and to support
effective career development patterns to meet the needs of the
Foreign Service. The Secretary shall designate an appropriate
number of Foreign Service positions both domestically and
abroad as `commercial diplomacy' positions to be filled by
members of the Commercial Diplomacy Service. The Secretary
shall give appropriate weight to job factors relating to the
compensation practices applicable to United States citizens
employed abroad by United States corporations.''; and
(2) in section 502(a) (22 U.S.C. 3982(a)), by adding at the
end the following:
``(3) In making assignments under paragraph (1), the
Secretary shall--
``(A) assign members of the Commercial Diplomatic
Service only to positions designated as commercial
diplomacy positions under section 501.
``(B) consider the deployment of the Foreign
Commercial Service within the Department of Commerce
and make every effort to deconflict, minimize
duplication, and coordinate between the two services.
``(4) Not later than 180 days after the date of enactment
of this paragraph, the Under Secretary for Management, in
consultation with the Director General of the Foreign and
Commercial Diplomatic Service, shall develop an application and
selection process to allow qualified members of the Foreign
Service on the day before the date of enactment of this
paragraph the opportunity to transfer to the Commercial
Diplomatic Service.''.
SEC. 7. COMMERCIAL DIPLOMATIC SERVICE TRAINING.
(a) Training Review.--Section 703 of the Foreign Service Act of
1980 (22 U.S.C. 4023) is amended by adding at the end the following:
``(f) The Under Secretary for Management, in consultation with the
Director General of the Foreign and Commercial Diplomatic Service,
shall, on an annual basis, assess the training needs across the
Commercial Diplomatic Service to ensure that current course offerings
continue to meet the evolving needs of the Department to implement an
effective and efficient commercial diplomacy enterprise.''.
(b) Training Elements.--Section 708 of the Foreign Service Act of
1980 (22 U.S.C. 4028) is amended by striking subsection (d) and
inserting the following:
``(d) Commercial Diplomacy.--The Secretary, with the assistance of
the heads of other relevant Federal departments and agencies and the
private sector, shall establish as part of the standard training
provided for members of the Commercial Diplomatic Service, training on
matters related to--
``(1) commercial advocacy including best practices for
engagement on behalf of United States businesses competing for
foreign government tenders or facing regulatory barriers;
``(2) market access including identifying and reporting on
technical barriers to two-way investment, intellectual property
theft, and other localized challenges to United States economic
competitiveness;
``(3) fostering a business-enabling environment in a
foreign country;
``(4) the foreign economic policies of the United States;
``(5) interagency coordination including a comprehensive
review of the financial and technical resources available to
United States firms through--
``(A) the Export-Import Bank of the United States;
``(B) the United States International Development
Finance Corporation;
``(C) the Department of Agriculture;
``(D) the Department of Commerce;
``(E) the Millennium Challenge Corporation;
``(F) the Department of the Treasury;
``(G) the United States Trade and Development
Agency; and
``(H) other Federal departments and agencies, as
appropriate.
``(6) business intelligence, including techniques for
analyzing foreign market trends and conducting effective
outreach to the local American Chamber of Commerce and other
private sector stakeholders.''.
(c) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State, acting through the
Director of the Foreign Service Institute, shall develop and initiate
implementation of the standard training course established under
subsection (d) of section 708 of the Foreign Service Act of 1980, as
amended by subsection (b), for all members of the Commercial Diplomatic
Service.
SEC. 8. STRENGTHENING COMMERCIAL DIPLOMACY EXPERTISE AT THE DEPARTMENT
OF STATE.
(a) Direct Hire Authority.--
(1) In general.--Notwithstanding section 301 of the Foreign
Service Act of 1980 (22 U.S.C. 3941), the Director General of
the Foreign and Commercial Diplomatic Service may appoint
qualified candidates directly to positions in the Commercial
Diplomatic Service.
(2) Termination.--The authority provided under subparagraph
(1) shall terminate on the date that is 10 years after the date
of the enactment of this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director General of the Foreign and
Commercial Diplomatic Service shall submit to the appropriate
congressional committees a report that contains plans to attract and
retain commercial diplomacy expertise for officers in the Commercial
Diplomatic Service, including career promotion tracks to supervisory
and non-supervisory positions within the Senior Foreign Service.
SEC. 9. CONTRACTING AUTHORITY.
Section 1005 of the Foreign Service Act of 1980 (22 U.S.C. 4105) is
amended by adding at the end the following:
``(c) Nothing in this section may be construed--
``(1) to preclude the Secretary from employing individuals
or organizations by contract to perform such services to carry
out this Act and may not by virtue of such employment be
considered to be employees of the United States Government for
purposes of any law administered by the Office of Personnel
Management (except that the Secretary may determine the
applicability to such individuals of any law administered by
the Secretary concerning the employment of such individuals);
and
``(2) to preclude such contracts to be negotiated, the
terms of such contracts to be prescribed, and the work to be
performed, where necessary, without regard to such statutory
provisions as relate to the negotiation, making and performance
of contracts, and performance of work in the United States.''.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Commercial diplomacy.--The term ``commercial
diplomacy'' includes the following activities:
(A) Promoting United States exports of goods and
services, particularly by businesses in strategic
industries, and the protection of United States
business interests abroad.
(B) Supporting United States businesses with advice
and information on establishing export businesses.
(C) Providing United States exporters with
information on economic conditions, market
opportunities, the status of the intellectual property
systems, and the legal and regulatory environments
within foreign countries.
(D) Providing United States exporters with
information and advice on the necessary adaptation of
market strategy to meet the differing cultural and
technical requirements of foreign countries.
(E) Providing United States exporters with
promising leads and helpful introductions to contacts
within foreign countries.
(F) Assisting United States exporters in locating
reliable sources of business services in foreign
countries.
(G) Assisting United States exporters in their
dealings with foreign governments and enterprises owned
by foreign governments.
(H) Assisting in the coordination of the efforts of
State and local agencies and private organizations
seeking to promote United States business interests
abroad so as to maximize their effectiveness and
minimize duplication of efforts.
(I) Utilizing foreign offices as one-stop shops for
United States exporters by providing exporters with
information on all export promotion and export finance
activities of the Federal Government, assisting
exporters in identifying which Federal programs may be
of greatest assistance, and assisting exporters in
making contact with Federal programs identified.
(J) Providing United States exporters and export
finance institutions with information on all financing
and insurance programs of the Export-Import Bank of the
United States, the United States International
Development Finance Corporation, the United States
Trade and Development Agency, and the Small Business
Administration, including providing assistance in
completing applications for such programs and working
with exporters and export finance institutions to
address any deficiencies in such applications that have
been submitted.
(3) Commercial diplomatic service.--The term ``Commercial
Diplomatic Service''--
(A) means the Commercial Diplomatic Service
established under section 303 of the Foreign Service
Act of 1980, as amended by section 5; and
(B) includes the members of the Foreign Service
who--
(i) are trained specialists in commercial
diplomacy; and
(ii) are members of the Commercial
Diplomatic Service.
(4) Department.--The term ``Department'' means the
Department of State.
(5) Foreign service.--The term ``Foreign Service'' means
the Foreign Service of the United States as constituted under
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903).
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
(7) Senior foreign service.--The term ``Senior Foreign
Service'' has the meaning provided under section 103(3) of the
Foreign Service Act of 1980 (22 U.S.C. 3903).
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