May 29, 2026
Mrs. Kim introduced the following bill; which was referred to the Committee on Foreign Affairs
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.
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. 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:
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:
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).