I 

112TH CONGRESS 

2D SESSION H. R. 4041 

To amend the Export Enhancement Act of 1988 to further enhance the 

promotion of exports of United States goods and services, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2012 

Mr. BERMAN (for himself and Mr. MANZULLO) introduced the following bill; 

which was referred to the Committee on Foreign Affairs 

A BILL 

To amend the Export Enhancement Act of 1988 to further 

enhance the promotion of exports of United States goods 

and services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Export Promotion Re5 form Act’’. 


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1 SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION 

2 ACTIVITIES OF FEDERAL AGENCIES. 

3 Section 2312 of the Export Enhancement Act of 

4 1988 (relating to the Trade Promotion Coordinating Com5 mittee; 15 U.S.C. 4727) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (5), by striking ‘‘and’’ 

8 after the semicolon; 

9 (B) by redesignating paragraph (6) as 

10 paragraph (7); and 

11 (C) by inserting after paragraph (5) the 

12 following: 

13 ‘‘(6) in making the assessments under para14 graph (5), review the proposed annual budget of 

15 each agency described in paragraph (5) before the 

16 agency submits that budget to the Office of Manage17 ment and Budget and the President for inclusion in 

18 the budget of the United States submitted to Con19 gress under section 1105(a) of title 31, United 

20 States Code; and’’; 

21 (2) in subsection (c)— 

22 (A) by redesignating paragraphs (3) 

23 through (6) as paragraphs (4) through (7), re24 spectively; and 

25 (B) by inserting after paragraph (2) the 

26 following: 


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1 ‘‘(3) in conducting the review and developing 

2 the plan under paragraph (2), take into account rec3 ommendations from a representative number of 

4 United States exporters, in particular small busi5 nesses and medium-sized businesses, and representa6 tives of United States workers;’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(g) EXECUTIVE ORDER AND REGULATIONS.—The 

9 President shall issue an executive order and such regula10 tions as are necessary to provide the chairperson of the 

11 TPCC with the authority to ensure that the TPCC carries 

12 out each of its duties under subsection (b) and develops 

13 and implements the strategic plan under subsection (c). 

14 ‘‘(h) DEFINITION.—In this section, the term ‘small 

15 business’ means a small business concern as defined under 

16 section 3 of the Small Business Act (15 U.S.C. 632).’’. 

17 SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL 

18 SERVICE RESOURCES. 

19 Section 2301(c)(4) of the Export Enhancement Act 

20 of 1988 (relating to the United States and Foreign Com21 mercial Service; 15 U.S.C. 4721(c)(4)) is amended— 

22 (1) by redesignating subparagraphs (B) 

23 through (F) as subparagraphs (C) through (G), re24 spectively; 


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1 (2) by striking ‘‘(4) FOREIGN OFFICES.—(A) 

2 The Secretary may’’ and inserting the following: 

3 ‘‘(4) FOREIGN OFFICES.—(A)(i) The Secretary 

4 shall conduct a global assessment of overseas mar5 kets to determine those with the greatest potential 

6 for increasing United States exports, and to redeploy 

7 the Commercial Service personnel and other re8 sources on the basis of the global assessment. 

9 ‘‘(ii) The assessment conducted under clause (i) 

10 shall take into account recommendations from a rep11 resentative number of United States exporters, in 

12 particular small- and medium-sized businesses, and 

13 representatives of United States workers. 

14 ‘‘(iii) Not later than 6 months after the date of 

15 enactment of the Export Promotion Reform Act, the 

16 Secretary shall submit to Congress results of the 

17 global assessment conducted under clause (i) and a 

18 plan for redeployment of Commercial Service per19 sonnel and other resources on the basis of the global 

20 assessment. 

21 ‘‘(iv) The Secretary shall conduct an assess22 ment and redeployment described in clause (i) not 

23 less than once in every 5-year period. 

24 ‘‘(B) The Secretary may’’; and 


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1 (3) in subparagraph (F), as redesignated, by 

2 striking ‘‘is authorized, upon the request of the Sec3 retary, to provide’’ and inserting ‘‘shall, upon the re4 quest of the Secretary, provide’’. 

5 SEC. 4. STRENGTHENED U.S. COMMERCIAL DIPLOMACY IN 

6 SUPPORT OF U.S. EXPORTS. 

7 (a) DEVELOPMENT OF PLAN.—Section 207(c) of the 

8 Foreign Service Act of 1980 (22 U.S.C. 3927(c)) is 

9 amended— 

10 (1) by inserting before the period at the end the 

11 following: ‘‘, including through the development of a 

12 plan, drafted in consultation with the ambassador to 

13 such country, the Director General of the United 

14 States and Foreign Commercial Service, and the 

15 heads of other Federal departments and agencies 

16 with export promotion programs acting through the 

17 Trade Promotion Coordinating Committee, for effec18 tive diplomacy to remove or reduce obstacles to ex19 ports of United States goods and services’’; and 

20 (2) by adding at the end the following new sen21 tence: ‘‘The chief of mission shall, prior to imple22 mentation of the plan required under this sub23 section, submit to the Secretary such plan for review 

24 by the Secretary.’’. 


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1 (b) ASSESSMENTS AND PROMOTIONS.—Section 

2 603(a) of the Foreign Service Act of 1980 (22 U.S.C. 

3 4003(a)) is amended, in the second sentence, by inserting 

4 before ‘‘and (with respect to’’ the following: ‘‘assessments 

5 (with respect to members of the Service with responsibil6 ities relating to economic affairs) of the effectiveness of 

7 efforts to promote the export of United States goods and 

8 services in accordance with a commercial diplomacy plan 

9 developed pursuant to section 207(c),’’. 

10 (c) INSPECTOR GENERAL.—Section 209(b) of the 

11 Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is 

12 amended— 

13 (1) in paragraph (4), by striking ‘‘and’’ at the 

14 end; 

15 (2) by redesignating paragraph (5) as para16 graph (6); and 

17 (3) by inserting after paragraph (4) the fol18 lowing new paragraph: 

19 ‘‘(5) the effectiveness of commercial diplomacy 

20 relating to the promotion of exports of United States 

21 goods and services; and’’. 

Æ 


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