,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ijfb ,,in ,,the ,,house ,,of ,,representatives ,may #bi1 #bjbf,mrs4 ,kim introduced the following bill2 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 adversaries1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,building ,opportunities ,overseas to ,strengthen and ,train ,american ,business ,act or the ,,boost ,american ,business ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 sense of ,congress2 statement of policy4,sec4 #c4 ,purposes4,sec4 #d4 ,director ,general of the ,foreign and ,commercial ,diplomatic ,services4,sec4 #e4 ,establishment of the ,commercial ,diplomatic ,service4,sec4 #f4 ,commercial ,diplomatic ,service assignments4,sec4 #g4 ,commercial ,diplomatic ,service training4,sec4 #h4 ,strengthening commercial diplomacy expertise at the ,department of ,state4,sec4 #i4 ,contracting authority4,sec4 #aj4 ,definitions4 #b4 ,findings2 sense of ,congress2 statement of policy 7a7 ,findings ,congress makes the following findings3 7#a7 ,on ,december #g1 #aigi1 ,president ,carter issued ,executive ,order #abage 7#dd ,fed4 ,reg4 #gjgjc2 relating to ,reorganization of functions relating to international trade7 which implemented ,reorganization ,plan ,no4 #c of #aigi1 initiating the move of the ,foreign ,commercial ,service from the ,department of ,state to the ,department of ,commerce4 7#b7 ,there are an estimated #bjg ,foreign ,commercial ,service officers currently employed by the ,department of ,commerce4 ,these personnel are deployed across #hj ,united ,states diplomatic and consular posts1 roughly one-third of all such posts4 7#c7 ,where the ,foreign ,commercial ,service is not present1 the role and function of commercial diplomacy officer is performed by ,economic ,foreign ,service ,officers employed by the ,department of ,state4 7#d7 ,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 #aghi1 creating a counterproductive division between foreign policy and commercial diplomacy4 7#e7 ,the fiscal year #bjbf ,congressional ,budget ,justification of the ,department of ,commerce proposed a staff reduction of #ci percent for the ,global ,markets business unit1 which includes the ,foreign ,commercial ,service4 ,at this requested level1 the size of the ,global ,markets business unit would be its smallest in more than two decades4 7#f7 ,the fiscal year #bjbf ,congressional ,budget ,justification of the ,department of ,commerce proposed a funding reduction for the ,international ,trade ,agency1 which also includes the ,foreign ,commercial ,service1 of approximately #ca percent from the fiscal year #bjbe enacted level1 which was the lowest request for such agency since #bjji4 7#g7 ,the fiscal year #bjbg ,congressional ,budget ,justification of the ,department of ,commerce proposes a funding reduction of approximately #ea percent from the fiscal year #bjbf estimated level for the ,global ,markets business unit4 7#h7 ,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 ,states4 7#i7 ,the ,national ,security ,strategy of the ,united ,states published in ,november #bjbe states1 economic security is fundamental to national security and the ,united ,states will prioritize rebalancing our trade relations1 reducing trade deficits1 opposing barriers to our exports1 and ending dumping and other anti-competitive practices that hurt ,american industries and workers4 7#aj7 ,on ,february #ab1 #bjbe1 ,president ,trump issued ,executive ,order #adbaa 7#ij ,fed4 ,reg4 #ihca2 relating to ,one ,voice for ,america's ,foreign ,relations7 which directs the ,secretary of ,state to reform the foreign service in areas such as recruiting1 performance1 evaluation1 and retention standards to ensure only the most qualified and committed individuals represent ,american interests abroad4 7#aa7 ,on ,march #ai1 #bjbf1 in testimony before the ,house ,foreign ,affairs ,committee1 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 policy4 ,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 diplomacy4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,commercial ,diplomatic ,service1 as established by this ,act1 should be composed of #gej officers by #bjbh 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 enterprise2 7#b7 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 cycles2 and 7#c7 that commercial diplomacy posting both within the ,united ,states and at ,united ,states diplomatic and consular posts should only be filled by qualified personnel4 7c7 ,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 markets1 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 ,state1 consistent with the responsibility of the ,secretary of ,state in the management of foreign affairs4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 create a cadre of specialists within the ,foreign ,service of the ,department of ,state1 dedicated to commercial diplomacy1 and distinct from other career paths of the ,foreign ,service2 7#b7 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 ,state2 7#c7 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 successful2 7#d7 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 ,commerce2 and 7#e7 ensure that commercial diplomacy efforts of the ,department of ,state are conducted in coordination with the ,department of ,commerce and other relevant ,federal agencies1 consistent with their statutory authorities4 #d4 ,director ,general of the ,foreign and ,commercial ,diplomatic ,services ,chapter #b of title ,i of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #ciba et seq47 is amended by striking section #bjh and inserting the following3 #bjh4 ,director ,general of the ,foreign and ,commercial ,diplomatic ,services 7a7 ,establishment ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 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-- 7#a7 the management1 deployment1 and operations of both ,foreign ,service generalist officers and the ,commercial ,diplomatic ,service and its officers2 and 7#b7 such other related duties as the ,secretary may from time to time designate4 7b7 ,deputies ,the ,secretary1 in consultation with the ,under ,secretary for ,management and the ,director ,general of the ,foreign and ,commercial ,diplomatic ,services1 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 ,service4 7c7 ,qualifications ,the ,deputy of the ,commercial ,diplomatic ,service shall have demonstrated ability in not less than four of the five following areas3 7#a7 ,commercial diplomacy4 7#b7 ,international business development and advocacy4 7#c7 ,investment strategy development and implementation4 7#d7 ,executive-level management4 7#e7 ,public affairs4 7d7 ,responsibilities ,in addition to the duties described in subsection 7a71 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 policy1 including1 as appropriate1 the following3 7#a7 ,investment promotion1 such as-- 7,a7 advocating for ,united ,states businesses and commercial interests overseas2 7,b7 identifying foreign market opportunities for ,united ,states businesses and helping ,united ,state firms overcome challenges in foreign business climates2 7,c7 helping ,united ,states companies compete for and win contracts in foreign markets2 7,d7 attracting foreign investment into the ,united ,states by identifying high potential businesses in foreign countries2 7,e7 ensuring ,united ,states private sector concerns are integrated into ,united ,states foreign policy and economic policy2 and 7,f7 promoting international commercial projects that advance the national security interests of the ,united ,states1 regardless of domestic content thresholds4 7#b7 ,bolstering supply chain resilience1 and protecting intellectual property rights4 7#c7 ,international investment policy1 including monitoring investment climates1 negotiating and implementing investment agreements1 representing the ,department in the ,committee on ,foreign ,investment in the ,united ,states1 and assisting ,united ,states companies involved in investment disputes with foreign governments4 7#d7 ,the promotion of sound1 transparent1 and stable economic policies overseas4 7#e7 ,perform such other duties as the ,under ,secretary for ,economic ,affairs may from time to time designate4 4 #e4 ,establishment of the ,commercial ,diplomatic ,service ,chapter #c of title ,i of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cida et seq47 is amended by striking section #cjc and inserting the following3 #cjc4 ,commercial ,diplomatic ,service 7a7 ,in general ,the ,secretary shall establish a ,commercial ,diplomatic ,service1 within the ,foreign ,service1 for the purpose of helping ,united ,states companies1 particularly in industries of strategic importance to the ,united ,states1 export their products and services to international markets4 7b7 ,officers ,the positions of the ,commercial ,diplomatic ,service established under subsection 7a7 shall be filled in accordance with the provisions of this ,act4 ,in filling such positions1 the ,secretary shall actively recruit individuals with a demonstrated experience-- 7#a7 conducting business and economic analysis including reading and interpreting corporate balance sheets and income statements2 7#b7 negotiating international business contracts2 7#c7 working and developing long-term relationships with individuals from different countries across different cultural and business practices2 7#d7 analyzing quantitative data and statistics to draw conclusions about market trends4 4 #f4 ,commercial ,diplomatic ,service assignments ,chapter #e of title ,i of the ,foreign ,service ,act of #aihj is amended-- 7#a7 in section #eja 7#bb ,u4,s4,c4 #ciha71 by striking the last sentence and inserting the following3 ,in classifying positions at ,foreign ,service posts abroad and domestically1 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 ,service4 ,the ,secretary shall designate an appropriate number of ,foreign ,service positions both domestically and abroad as #8commercial diplomacy' positions to be filled by members of the ,commercial ,diplomacy ,service4 ,the ,secretary shall give appropriate weight to job factors relating to the compensation practices applicable to ,united ,states citizens employed abroad by ,united ,states corporations42 and 7#b7 in section #ejb7;a7 7#bb ,u4,s4,c4 #cihb7;a771 by adding at the end the following3 7#c7 ,in making assignments under paragraph 7#a71 the ,secretary shall-- 7,a7 assign members of the ,commercial ,diplomatic ,service only to positions designated as commercial diplomacy positions under section #eja4 7,b7 consider the deployment of the ,foreign ,commercial ,service within the ,department of ,commerce and make every effort to deconflict1 minimize duplication1 and coordinate between the two services4 7#d7 ,not later than #ahj days after the date of enactment of this paragraph1 the ,under ,secretary for ,management1 in consultation with the ,director ,general of the ,foreign and ,commercial ,diplomatic ,service1 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 ,service4 4 #g4 ,commercial ,diplomatic ,service training 7a7 ,training review ,section #gjc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbc7 is amended by adding at the end the following3 7f7 ,the ,under ,secretary for ,management1 in consultation with the ,director ,general of the ,foreign and ,commercial ,diplomatic ,service1 shall1 on an annual basis1 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 enterprise4 4 7b7 ,training elements ,section #gjh of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,commercial diplomacy ,the ,secretary1 with the assistance of the heads of other relevant ,federal departments and agencies and the private sector1 shall establish as part of the standard training provided for members of the ,commercial ,diplomatic ,service1 training on matters related to-- 7#a7 commercial advocacy including best practices for engagement on behalf of ,united ,states businesses competing for foreign government tenders or facing regulatory barriers2 7#b7 market access including identifying and reporting on technical barriers to two-way investment1 intellectual property theft1 and other localized challenges to ,united ,states economic competitiveness2 7#c7 fostering a business-enabling environment in a foreign country2 7#d7 the foreign economic policies of the ,united ,states2 7#e7 interagency coordination including a comprehensive review of the financial and technical resources available to ,united ,states firms through-- 7,a7 the ,export-,import ,bank of the ,united ,states2 7,b7 the ,united ,states ,international ,development ,finance ,corporation2 7,c7 the ,department of ,agriculture2 7,d7 the ,department of ,commerce2 7,e7 the ,millennium ,challenge ,corporation2 7,f7 the ,department of the ,treasury2 7,g7 the ,united ,states ,trade and ,development ,agency2 and 7,h7 other ,federal departments and agencies1 as appropriate4 7#f7 business intelligence1 including techniques for analyzing foreign market trends and conducting effective outreach to the local ,american ,chamber of ,commerce and other private sector stakeholders4 4 7c7 ,requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,state1 acting through the ,director of the ,foreign ,service ,institute1 shall develop and initiate implementation of the standard training course established under subsection 7d7 of section #gjh of the ,foreign ,service ,act of #aihj1 as amended by subsection 7b71 for all members of the ,commercial ,diplomatic ,service4 #h4 ,strengthening commercial diplomacy expertise at the ,department of ,state 7a7 ,direct hire authority 7#a7 ,in general ,notwithstanding section #cja of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cida71 the ,director ,general of the ,foreign and ,commercial ,diplomatic ,service may appoint qualified candidates directly to positions in the ,commercial ,diplomatic ,service4 7#b7 ,termination ,the authority provided under subparagraph 7#a7 shall terminate on the date that is #aj years after the date of the enactment of this ,act4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 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 ,service1 including career promotion tracks to supervisory and non-supervisory positions within the ,senior ,foreign ,service4 #i4 ,contracting authority ,section #ajje of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #daje7 is amended by adding at the end the following3 7c7 ,nothing in this section may be construed-- 7#a7 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 7except that the ,secretary may determine the applicability to such individuals of any law administered by the ,secretary concerning the employment of such individuals72 and 7#b7 to preclude such contracts to be negotiated1 the terms of such contracts to be prescribed1 and the work to be performed1 where necessary1 without regard to such statutory provisions as relate to the negotiation1 making and performance of contracts1 and performance of work in the ,united ,states4 4 #aj4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate4 7#b7 ,commercial diplomacy ,the term commercial diplomacy includes the following activities3 7,a7 ,promoting ,united ,states exports of goods and services1 particularly by businesses in strategic industries1 and the protection of ,united ,states business interests abroad4 7,b7 ,supporting ,united ,states businesses with advice and information on establishing export businesses4 7,c7 ,providing ,united ,states exporters with information on economic conditions1 market opportunities1 the status of the intellectual property systems1 and the legal and regulatory environments within foreign countries4 7,d7 ,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 countries4 7,e7 ,providing ,united ,states exporters with promising leads and helpful introductions to contacts within foreign countries4 7,f7 ,assisting ,united ,states exporters in locating reliable sources of business services in foreign countries4 7,g7 ,assisting ,united ,states exporters in their dealings with foreign governments and enterprises owned by foreign governments4 7,h7 ,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 efforts4 7,i7 ,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 ,government1 assisting exporters in identifying which ,federal programs may be of greatest assistance1 and assisting exporters in making contact with ,federal programs identified4 7,j7 ,providing ,united ,states exporters and export finance institutions with information on all financing and insurance programs of the ,export-,import ,bank of the ,united ,states1 the ,united ,states ,international ,development ,finance ,corporation1 the ,united ,states ,trade and ,development ,agency1 and the ,small ,business ,administration1 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 submitted4 7#c7 ,commercial ,diplomatic ,service ,the term ,commercial ,diplomatic ,service-- 7,a7 means the ,commercial ,diplomatic ,service established under section #cjc of the ,foreign ,service ,act of #aihj1 as amended by section #e2 and 7,b7 includes the members of the ,foreign ,service who-- 7i7 are trained specialists in commercial diplomacy2 and 7ii7 are members of the ,commercial ,diplomatic ,service4 7#d7 ,department ,the term ,department means the ,department of ,state4 7#e7 ,foreign ,service ,the term ,foreign ,service means the ,foreign ,service of the ,united ,states as constituted under section #ajc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijc74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#g7 ,senior foreign service ,the term ,senior ,foreign ,service has the meaning provided under section #ajc7c7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijc74