What This Bill Does
This bill strengthens the U.S. State Department's ability to support American businesses and economic interests abroad. It requires the government to help U.S. companies find trade and investment opportunities in foreign countries, work with allies on shared economic goals, and counter unfair economic practices by foreign governments.
##
Who It Affects
- Foreign Service economic officers (diplomats who handle business and trade issues at U.S. embassies)
- U.S. companies doing business internationally, especially small and medium-sized businesses
- State Department employees and other federal agencies working on international economics
- Developing countries that partner with the United States
- Countries in Southeast Asia, the Pacific Islands, and the Indo-Pacific region
##
Key Provisions
- The State Department must direct economic officers to negotiate trade agreements, help U.S. businesses find overseas opportunities, and counter unfair practices by authoritarian governments (Sec. 101)
- The State Department will establish a new award recognizing outstanding contributions to economic and commercial diplomacy, with a cash award of $15,000 per recipient (Sec. 102)
- "Deal teams" at U.S. embassies will identify commercial opportunities for American companies and help secure government support for strategic projects (Sec. 202)
- The President can deploy "economic defense response teams" to help ally countries under economic pressure from adversaries (Sec. 204)
- The State Department will establish a center in Southeast Asia to train officials from that region and Pacific Islands nations in economic governance skills (Sec. 301)
- The State Department will create an "Infrastructure Transaction and Assistance Network" to help Indo-Pacific countries develop quality infrastructure projects (Sec. 303)
- A pilot program will identify barriers to trade and investment in developing partner countries and provide assistance to reduce those barriers (Sec. 401)
##
What Changes
The State Department's economic officers gain new duties to actively support American business interests abroad through negotiations, market information sharing, and deal facilitation. Embassy "deal teams" become formalized structures with specific missions to help U.S. companies. The government gains authority to rapidly deploy teams to countries facing economic coercion. New awards recognize superior economic diplomacy work. The State Department must report annually to Congress on deal team activities and results. Training programs for foreign officials will expand U.S. influence in developing regions.
##
Important Definitions
**Foreign Service cone:** Not specified in bill text
**Authoritarian government:** Not specified in bill text (the bill refers to "policies, initiatives, or activities by authoritarian governments")
**United States person:** Means a U.S. citizen, a permanent resident alien, or an entity organized under U.S. laws including foreign branches of U.S. entities (Sec. 101)
**Deal team:** Not explicitly defined; the bill describes it as a team at U.S. embassies focused on identifying trade and investment opportunities
**Coercive economic practices:** Not explicitly defined; the bill describes these as "urgent or specific threat or use of coercive economic practices by an adversary" (Sec. 204)
**Pacific Islands:** Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu (Sec. 301)
**Southeast Asia:** Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam, and Timor-Leste (Sec. 301)
##
Effective Date
Not specified in bill text (though various reporting and implementation deadlines range from 180 days to 270 days after enactment for different sections)
II
118TH CONGRESS
1ST SESSION
S. 367
To promote economic and commercial opportunities internationally, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. RISCH introduced the following bill; which was read twice and referred
to the Committee on Foreign Relations
A BILL
To promote economic and commercial opportunities
internationally, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Economic and Commercial Opportunities and Networks
5
Act of 2023’’ or the ‘‘ECON Act’’.
6
(b) TABLE OF CONTENTS.—The table of contents for
7
this Act is as follows:
8
Sec. 1. Short title; table of contents.
TITLE I—STRENGTHENING THE DEPARTMENT OF STATE
ECONOMIC CORPS
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
2
•S 367 IS
Sec. 101. Duties of Foreign Service economic officers.
Sec. 102. Establishment of new award of excellence for economic officers.
Sec. 103. Report on chiefs of mission and deputy chiefs of mission by cone.
Sec. 104. Report on recruitment, retention, and promotion of Foreign Service
economic officers.
Sec. 105. Mandate to revise Department of State metrics for successful eco-
nomic and commercial diplomacy.
TITLE II—UPPING AMERICA’S GAME IN THE FIELD
Sec. 201. Chief of Mission economic responsibilities.
Sec. 202. Direction to embassy deal teams.
Sec. 203. Establishment of a ‘‘Deal Team of the Year’’ award.
Sec. 204. Economic defense response teams.
TITLE III—COOPERATING WITH ALLIES AND PARTNERS
Sec. 301. Investing in talent in Southeast Asia and the Pacific Islands.
Sec. 302. Regulatory exchanges with allies and partners.
Sec. 303. Infrastructure Transaction and Assistance Network.
Sec. 304. Digital Connectivity and Cybersecurity Partnership.
TITLE IV—BOOSTING INTERNATIONAL TRADE AND INVESTMENT
Sec. 401. Pilot program to audit barriers to trade in developing partner coun-
tries.
Sec. 402. Promoting adoption of United Nations Convention on Assignment of
Receivables in International Trade.
TITLE V—COMBATING ANTI-COMPETITIVE BEHAVIOR
Sec. 501. Predatory pricing by entities owned, controlled, or directed by a for-
eign state.
Sec. 502. Expansion of offense of theft of trade secrets to include unauthorized
development of products and digital articles.
Sec. 503. Review of petitions related to intellectual property theft and forced
technology transfer.
TITLE I—STRENGTHENING THE
1
DEPARTMENT OF STATE ECO-
2
NOMIC CORPS
3
SEC. 101. DUTIES OF FOREIGN SERVICE ECONOMIC OFFI-
4
CERS.
5
(a) IN GENERAL.—Chapter 5 of title I of the Foreign
6
Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended
7
by adding at the end the following:
8
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
3
•S 367 IS
‘‘SEC. 506. DUTIES OF ECONOMIC OFFICERS.
1
‘‘(a) IN GENERAL.—The Secretary of State shall di-
2
rect the economic officers of the Foreign Service—
3
‘‘(1) to negotiate agreements with foreign gov-
4
ernments and international organizations;
5
‘‘(2) to inform the Washington, DC, head-
6
quarters offices of Federal agencies with respect to
7
the positions of foreign governments and inter-
8
national organizations in negotiations;
9
‘‘(3) to advance and oversee—
10
‘‘(A) the routine implementation and main-
11
tenance of economic and commercial agree-
12
ments; and
13
‘‘(B) other initiatives in the countries to
14
which such officers are assigned related to im-
15
proving economic or commercial relations for
16
the benefit of United States persons, including
17
businesses;
18
‘‘(4) to identify, and help design and execute, in
19
consultation with other Federal agencies, United
20
States policies, programs, and initiatives, including
21
capacity building efforts, to advance policies of for-
22
eign governments that improve local economic gov-
23
ernance, market-based business environments, and
24
market access, increase trade and investment oppor-
25
VerDate Sep 11 2014
00:11 Mar 01, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
4
•S 367 IS
tunities, or provide a more level playing field for
1
United States persons, including with respect to—
2
‘‘(A) improving revenue collection;
3
‘‘(B) streamlining customs processes and
4
improving customs transparency and efficiency;
5
‘‘(C) improving regulatory management;
6
‘‘(D) improving procurement processes, in-
7
cluding facilitating transparency in tendering,
8
bidding, and contact negotiation;
9
‘‘(E) advancing intellectual property pro-
10
tections;
11
‘‘(F) eliminating anticompetitive subsidies
12
and improving the transparency of remaining
13
subsidies;
14
‘‘(G) improving budget management and
15
oversight; and
16
‘‘(H) strengthening management of impor-
17
tant economic sectors;
18
‘‘(5) to prioritize active support of economic
19
and commercial goals by United States persons
20
abroad, in conjunction with the United States and
21
Foreign Commercial Service (established by section
22
2301 of the Export Enhancement Act of 1988 (15
23
U.S.C. 4721)), including by—
24
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
5
•S 367 IS
‘‘(A) providing United States persons with
1
leads, information on open tenders, and intro-
2
ductions to relevant contacts within foreign
3
countries;
4
‘‘(B) assisting United States persons in
5
their dealings with foreign governments and en-
6
terprises owned by foreign governments;
7
‘‘(C) providing United States persons with
8
information and assistance in using all types of
9
United States Government support with respect
10
to international economic matters, including
11
such support provided by the Department of
12
State, the Department of Commerce, the Ex-
13
port-Import Bank of the United States, the
14
United States International Development Fi-
15
nance Corporation, the Trade and Development
16
Agency, the Department of Agriculture, and the
17
Department of the Treasury; and
18
‘‘(D) receiving feedback from United
19
States persons with respect to support de-
20
scribed in subparagraph (C) and reporting that
21
feedback to the chief of mission and to the
22
headquarters of the Department of State;
23
‘‘(6) to consult closely and regularly with the
24
private sector, as described in section 709 of the
25
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
6
•S 367 IS
Championing American Business through Diplomacy
1
Act (22 U.S.C. 9905);
2
‘‘(7) to identify and execute opportunities for
3
the United States to counter policies, initiatives, or
4
activities by authoritarian governments or enter-
5
prises affiliated with such governments that are
6
anticompetitive or undermine the sovereignty or
7
prosperity of the United States or a partner country;
8
‘‘(8) to identify and execute opportunities for
9
the United States in new and emerging areas of
10
trade and investment, such as digital trade and in-
11
vestment;
12
‘‘(9) to monitor the development and implemen-
13
tation of bilateral and multilateral economic agree-
14
ments and provide recommendations to the Sec-
15
retary of State and the heads of other relevant Fed-
16
eral agencies with respect to United States actions
17
and initiatives relating to those agreements;
18
‘‘(10) to maintain complete and accurate
19
records of the performance measurements of the De-
20
partment for economic and commercial diplomacy
21
activities, as directed by the chief of mission and
22
other senior officials of the Department;
23
‘‘(11) to report on issues and developments with
24
direct relevance to United States economic and na-
25
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
7
•S 367 IS
tional security interests, especially when accurate,
1
reliable, timely, and cost-effective information is un-
2
available
from
non-United
States
Government
3
sources; and
4
‘‘(12) to coordinate all activities as necessary
5
and appropriate with counterparts in other agencies.
6
‘‘(b) REGULATORY
UPDATES.—The Secretary of
7
State shall update guidance in the Foreign Affairs Manual
8
and other regulations and guidance as necessary to imple-
9
ment this section.
10
‘‘(c) UNITED STATES PERSON DEFINED.—In this
11
section, the term ‘United States person’ means—
12
‘‘(1) a United States citizen or an alien lawfully
13
admitted for permanent residence to the United
14
States; or
15
‘‘(2) an entity organized under the laws of the
16
United States or any jurisdiction within the United
17
States, including a foreign branch of such an enti-
18
ty.’’.
19
(b) CLERICAL AMENDMENT.—The table of contents
20
for the Foreign Service Act of 1980 is amended by insert-
21
ing after the item relating to section 505 the following:
22
‘‘Sec. 506. Duties of economic officers.’’.
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6211
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
8
•S 367 IS
SEC. 102. ESTABLISHMENT OF NEW AWARD OF EXCEL-
1
LENCE FOR ECONOMIC OFFICERS.
2
Chapter 6 of the Foreign Service Act of 1980 (22
3
U.S.C. 4001 et seq.), is amended by adding at the end
4
the following new section:
5
‘‘SEC. 615. FOREIGN SERVICE AWARDS FOR OUTSTANDING
6
CONTRIBUTIONS TO UNITED STATES ECO-
7
NOMIC AND COMMERCIAL DIPLOMACY.
8
‘‘(a) ESTABLISHMENT.—The Secretary of State shall
9
establish an award to recognize outstanding contributions
10
to advancing United States interests in the areas of eco-
11
nomic diplomacy or commercial diplomacy. The award
12
shall be known as the ‘Congressional Award for High
13
Achievement in Economic and Commercial Diplomacy’.
14
‘‘(b) AWARD
CONTENT.—The recipients of this
15
award shall receive—
16
‘‘(1) a certificate signed by the Secretary of
17
State;
18
‘‘(2) a cash award of $15,000; and
19
‘‘(3) in the case of Foreign Service employees,
20
inclusion in the next employee evaluation report; or
21
‘‘(4) in the case of Civil Service employees, in-
22
clusion in the next annual performance evaluation.
23
‘‘(c) ELIGIBILITY.—The following individuals are eli-
24
gible for an award under this section:
25
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
9
•S 367 IS
‘‘(1) Economic officers in the Foreign Service
1
with at least three years of experience and one over-
2
seas posting with responsibilities for United States
3
economic and commercial interests; and
4
‘‘(2) Civil Service employees with at least three
5
years of experience and with direct responsibility for
6
economic and commercial matters.
7
‘‘(d) NUMBER OF AWARDEES.—For each fiscal year,
8
the Secretary of State shall award—
9
‘‘(1) no fewer than 3 awards and no more than
10
5 awards to members of the Foreign Service; and
11
‘‘(2) no fewer than 3 award and no more than
12
5 awards to Civil Service employees.
13
‘‘(e) CRITERIA.—Selection for an award under this
14
section shall be based on—
15
‘‘(1) the employee playing a key or decisive role
16
in the establishment or improvement in an overseas
17
market of free and fair market practice or practices;
18
‘‘(2) the employee playing a key or decisive role
19
in assisting a United States company to achieve a
20
substantial economic, commercial, or investment goal
21
in an overseas market or markets;
22
‘‘(3) the employee playing a key or decisive role
23
in the expansion of trade or investment ties with an-
24
other country or countries;
25
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
10
•S 367 IS
‘‘(4) the employee playing a key or decisive role
1
in the advancement of regional economic integration
2
that has tangible benefits for the United States
3
economy;
4
‘‘(5) the employee demonstrating excellence in
5
advancing United States interests and partnerships
6
in the digital economy;
7
‘‘(6) the employee demonstrating excellence in
8
advancing United States interests and partnerships
9
with respect to infrastructure;
10
‘‘(7) the employee demonstrating excellence in
11
advancing United States interests and partnerships
12
with respect to energy;
13
‘‘(8) the employee advancing a concrete policy,
14
action, or initiative that counters authoritarian mod-
15
els of economic governance or anti-competitive eco-
16
nomic behavior that undermines free markets; or
17
‘‘(9) any combination of such criteria.
18
‘‘(f) RESTRICTION.—The Secretary of State shall not
19
provide an award solely on the basis of an employee dem-
20
onstrating excellence in one of the following activities:
21
‘‘(1) Providing economic reporting through ca-
22
bles and via other means.
23
‘‘(2) Writing a Department report or reports on
24
economic matters.
25
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42PROD with BILLS
11
•S 367 IS
‘‘(g) AUTHORIZATION
OF
APPROPRIATIONS.—For
1
each of fiscal years 2024 through 2031, there is author-
2
ized to be appropriated to the Department of State
3
$150,000 for the purposes of providing cash awards to
4
recipients of the award established under this section.
5
‘‘(h) TRANSMISSION TO CONGRESS.—Not later than
6
the end of the relevant fiscal year, the Secretary of State
7
shall submit the following information to the appropriate
8
congressional committees:
9
‘‘(1) The name of each awardee.
10
‘‘(2) The current position and Foreign Service
11
or General Schedule rank of each awardee.
12
‘‘(3) A description of the basis on which each
13
awardee received the award.’’.
14
SEC. 103. REPORT ON CHIEFS OF MISSION AND DEPUTY
15
CHIEFS OF MISSION BY CONE.
16
(a) REPORT.—Not later than April 1, 2024, and an-
17
nually thereafter for four years, the Secretary of State
18
shall submit to the appropriate congressional committees
19
a report that includes—
20
(1) the Foreign Service cone of each current
21
chief of mission and deputy chief of mission (or who-
22
ever is acting in the capacity of chief or deputy chief
23
of mission if none is present) for each United States
24
VerDate Sep 11 2014
23:04 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S367.IS
S367
kjohnson on DSK79L0C42
[Text truncated for display. Full text available on Congress.gov.]