H.R. 9062

[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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