I 
116TH CONGRESS 
2D SESSION 
H. R. 7549 
To abolish the United States and Foreign Commercial Service, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2020 
Mr. MCCAUL (for himself and Mr. CUELLAR) introduced the following bill; 
which was referred to the Committee on Foreign Affairs 
A BILL 
To abolish the United States and Foreign Commercial 
Service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Trade Mod-
ernization Act of 2020’’. 
SEC. 2. ABOLISHMENT OF UNITED STATES AND FOREIGN 
COMMERCIAL SERVICE. 
(a) IN GENERAL.—The United States and Foreign 
Commercial Service is abolished. 
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(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Secretary of State all functions that, on the 
day before the date of the enactment of this Act, were 
authorized to be performed by the United States and For-
eign Commercial Service under any statute, reorganization 
plan, Executive order, or other provision of law. 
SEC. 3. TRANSFER AND ALLOCATION OF PROPERTY AND 
APPROPRIATIONS. 
The Secretary of Commerce shall transfer to the Sec-
retary of State all contracts, property, records, and unex-
pended balance of appropriations, authorizations, alloca-
tions, and other funds employed, held, used, arising from, 
available to, or to be made available in connection with 
the functions of the United States and Foreign Commer-
cial Service transferred under section 2(b), as may be nec-
essary to carry out this Act. 
SEC. 4. TRANSFER OF PERSONNEL. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act— 
(1) the Secretary of Commerce shall transfer to 
the Department of State those individuals who on 
the day before the date of the enactment of this Act, 
were officers or employees of the United States and 
Foreign Commercial Service; and 
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(2) the Secretary of State shall, in accordance 
with subsections (b) and (c), receive those individ-
uals into the Foreign Service of the United States 
and convert them, if need be, to the appropriate 
class in the Foreign Service Schedule established 
under the Foreign Service Act of 1980. 
(b) NEW POSITIONS.— 
(1) IN
GENERAL.—Those individuals trans-
ferred to the Department of State under subsection 
(a) shall be deemed economic officers of the Foreign 
Service and shall not be subject to any exam or 
training under the Foreign Service Act of 1980 as 
a condition of assuming such position. 
(2) CONFORMING
AMENDMENT
REGARDING 
TITLE CHANGE OF CERTAIN OFFICERS OF THE FOR-
EIGN SERVICE.—Subsection (d) of section 708 of the 
Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended by striking ‘‘and commercial’’ before ‘‘offi-
cers’’. 
(3) SAVINGS PROVISION REGARDING CERTAIN 
OFFICERS OF THE FOREIGN SERVICE SUBJECT TO 
TITLE
CHANGE.—Any individual in the Foreign 
Service who as of the day before the date of the en-
actment of this Act is a commercial officer shall be 
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known and referred to as an economic officer on and 
after such date, and shall otherwise— 
(A) maintain his or her grade, rank, and 
class in the Foreign Service Schedule with the 
same tenure held immediately preceding such 
title change; and 
(B) maintain his or her same rate of basic 
pay or basic salary rate immediately preceding 
such title change. 
(c) SAVINGS PROVISION REGARDING CERTAIN OFFI-
CERS OR EMPLOYEES OF THE UNITED STATES AD FOR-
EIGN COMMERCIAL SERVICE.—Any individual transferred 
to the Department of State under subsection (a) shall— 
(1) maintain his or her grade, rank, and class 
in the Foreign Service Schedule with the same ten-
ure held immediately preceding transfer; 
(2) maintain his or her same rate of basic pay 
or basic salary rate immediately preceding transfer; 
and 
(3) be made subject to Foreign Service Act of 
1980 and any other law, rule, regulation, adminis-
trative action, and Executive order governing the 
Foreign Service of the United States. 
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SEC. 5. INCIDENTAL DISPOSITIONS. 
The Director of the Office of Management and Budg-
et, if requested by the Secretary of State, shall make such 
incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and 
other funds held, used, arising from, available to, or to 
be made available in connection with the functions of the 
United States and Foreign Commercial Service trans-
ferred under section 2(b), as may be necessary to carry 
out this Act. 
SEC. 6. SAVINGS PROVISION. 
All orders, determinations, rules, regulations, per-
mits, agreements, registrations, privileges, and other ad-
ministrative actions— 
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral agency or official thereof, or by a court of com-
petent jurisdiction, in the performance of functions 
exercised by the United States and Foreign Com-
mercial Service on the day before the date of the en-
actment of this Act; and 
(2) that are in effect or were final as of the 
date of the enactment of this Act, or are to become 
effective on or after the date of the enactment of 
this Act, 
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shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Secretary of 
State, or other authorized official, a court of competent 
jurisdiction, or by operation of law. 
SEC. 7. ACTIVITIES TO PROMOTE EXPORTS OF GOODS AND 
SERVICES FROM THE UNITED STATES. 
The Championing American Business through Diplo-
macy Act of 2019 (enacted as title VII of subtitle H of 
title I of division J of the Further Consolidated Appropria-
tions Act, 2020 (Public Law 116–94; 22 U.S.C. 9901 et 
seq.)) is amended by adding at the end the following: 
‘‘SEC. 712. ACTIVITIES TO PROMOTE EXPORTS OF GOODS 
AND SERVICES FROM THE UNITED STATES. 
‘‘(a) IN GENERAL.—The Secretary of State, acting 
through the Assistant Secretary for Economic and Busi-
ness Matters and the relevant chiefs of mission, shall place 
primary emphasis on the promotion of exports of goods 
and services from the United States, particularly by small 
and medium-sized businesses, and on the protection of 
United States business interests abroad by carrying out 
activities such as the following: 
‘‘(1) Identifying United States businesses with 
the potential to export goods and services and pro-
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viding such businesses with advice and information 
on establishing export businesses. 
‘‘(2) Providing United States exporters with in-
formation and advice on the necessary adaptation of 
product design and marketing strategy to meet the 
differing cultural and technical requirements of for-
eign countries. 
‘‘(3) Providing United States exporters with ac-
tual leads and an introduction to contacts within 
foreign countries. 
‘‘(4) Assisting United States exporters in locat-
ing reliable sources of business services in foreign 
countries and in their dealings with foreign govern-
ments and enterprises owned by foreign govern-
ments. 
‘‘(5) Assisting the coordination of the efforts of 
State and local agencies and private organizations 
that seek to promote United States business inter-
ests in foreign countries so as to maximize the effec-
tiveness and minimize the duplication of efforts of 
such agencies and organizations. 
‘‘(6) Utilizing district offices established under 
subsection (b) as one-stop shops for United States 
exporters by— 
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‘‘(A) providing exporters with information 
on all export promotion and export finance ac-
tivities of the Federal Government; 
‘‘(B) assisting exporters in identifying 
which Federal programs may be of greatest as-
sistance; and 
‘‘(C) assisting exporters in making contact 
with such identified Federal programs. 
‘‘(7) Providing United States exporters and ex-
port finance institutions with information on all fi-
nancing and insurance programs of the Export-Im-
port Bank of the United States, the United States 
International Development Finance Corporation, the 
Trade and Development Program, and the Small 
Business Administration, including providing assist-
ance in completing applications for such programs 
and working with exporters and export finance insti-
tutions to address any deficiencies in such applica-
tions that have been submitted. 
‘‘(b) DISTRICT OFFICES.—The Secretary of State 
shall establish, or maintain if transferred to the Secretary 
under the Foreign Trade Modernization Act of 2020, dis-
trict offices of the Foreign Service in any United States 
city in a region in which the Secretary, in consultation 
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with the Secretary of Commerce, determines that there is 
a need for Federal Government export assistance.’’. 
SEC. 8. CONFORMING AMENDMENTS. 
(a) OMNIBUS TRADE AND COMPETITIVENESS ACT OF 
1988.— 
(1) IN GENERAL.—The following provisions of 
the Omnibus Trade and Competitiveness Act of 
1988 are repealed: 
(A) Section 2301 (15 U.S.C. 4721). 
(B) Subsection (c) of section 2303 (15 
U.S.C. 4723). 
(C) Section 2306 (15 U.S.C. 4725). 
(2) CONFORMING AMENDMENT.—Section 2303 
of such Act (15 U.S.C. 4723) is amended by redes-
ignating subsection (d) as subsection (c). 
(b) TITLE 5, UNITED STATES CODE.—Section 5315 
of title 5, United States Code, is amended by striking ‘‘As-
sistant Secretary of Commerce and Director General of 
the United States and Foreign Commercial Service.’’. 
(c) TRADE FACILITATION
AND TRADE ENFORCE-
MENT ACT OF 2015.—Section 505(c)(1) of the Trade Fa-
cilitation and Trade Enforcement Act of 2015 (15 U.S.C. 
4721a(c)(1)) is amended by striking ‘‘acting through the 
head of the United States Foreign and Commercial Serv-
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ice’’ and inserting ‘‘in consultation with the Assistant Sec-
retary of State for Economic and Business Affairs’’. 
(d) FOREIGN SERVICE ACT OF 1980.—The Foreign 
Service Act of 1980 is amended— 
(1) in section 202(a) (22 U.S.C 3922(a))— 
(A) by striking paragraph (3); 
(B) by redesignating paragraph (4) as 
paragraph (3); and 
(C) by moving the margins of paragraph 
(3) (as so redesignated) two ems to the left; 
and 
(2) in section 305(c) (22 U.S.C. 3945(c))— 
(A) by striking ‘‘(1) Appointments to the 
Senior Foreign Service by the Secretary of 
Commerce shall be excluded’’ and inserting 
‘‘Appointments to the Senior Foreign Service 
by the Secretary of Commerce made on or be-
fore the date of the enactment of the Foreign 
Trade Modernization Act of 2020 shall be ex-
cluded’’; and 
(B) by striking paragraphs (2) and (3). 
(e) REFERENCES.—Any reference in any statute, re-
organization plan, Executive order, regulation, agreement, 
determination, or other official document or proceeding 
to— 
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(1) the Assistant Secretary of Commerce and 
Director General of the Commercial Service shall be 
deemed to refer to the Secretary of State; and 
(2) the United States and Foreign Commercial 
Service shall be deemed to refer to the Department 
of State. 
Æ 
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