112TH CONGRESS 

2D SESSION H. R. 4041 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Export Promotion Re3 form Act’’. 

4 SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION 

5 ACTIVITIES OF FEDERAL AGENCIES. 

6 Section 2312 of the Export Enhancement Act of 

7 1988 (relating to the Trade Promotion Coordinating Com8 mittee; 15 U.S.C. 4727) is amended— 

9 (1) in subsection (b)— 

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

11 after the semicolon; 

12 (B) by redesignating paragraph (6) as 

13 paragraph (7); and 

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

15 following: 

16 ‘‘(6) in making the assessments under para17 graph (5), review the proposed annual budget of 

18 each agency described in paragraph (5), under pro19 cedures established by the Committee for such re20 view, before the agency submits that budget to the 

21 Office of Management and Budget and the Presi22 dent for inclusion in the budget of the United States 

23 submitted to Congress under section 1105(a) of title 

24 31, United States Code; and’’; 

25 (2) in subsection (c)— 
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1 (A) by redesignating paragraphs (3) 

2 through (6) as paragraphs (4) through (7), re3 spectively; and 

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

5 following: 

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

7 the plan under paragraph (2), take into account rec8 ommendations from a representative number of 

9 United States exporters, in particular small busi10 nesses and medium-sized businesses, and representa11 tives of United States workers;’’; and 

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

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

14 President shall issue an executive order and such regula15 tions as are necessary to provide the chairperson of the 

16 TPCC with the authority to ensure that the TPCC carries 

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

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

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

20 business’ means a small business concern as defined under 

21 section 3 of the Small Business Act (15 U.S.C. 632).’’. 
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1 SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL 

2 SERVICE RESOURCES. 

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

4 of 1988 (relating to the United States and Foreign Com5 mercial Service; 15 U.S.C. 4721(c)(4)) is amended— 

6 (1) by redesignating subparagraphs (B) 

7 through (F) as subparagraphs (C) through (G), re8 spectively; and 

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

10 The Secretary may’’ and inserting the following: 

11 ‘‘(4) FOREIGN OFFICES.—(A)(i) In consultation 

12 with the Trade Promotion Coordinating Committee, 

13 the Secretary shall conduct a global assessment of 

14 overseas markets to determine those with the great15 est potential for increasing United States exports, 

16 and to deploy the Commercial Service personnel and 

17 other resources on the basis of the global assess18 ment. 

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

20 shall take into account recommendations from a rep21 resentative number of United States exporters, in 

22 particular small- and medium-sized businesses, and 

23 representatives of United States workers. 

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

25 enactment of the Export Promotion Reform Act, the 

26 Secretary shall submit to Congress results of the 
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1 global assessment conducted under clause (i) and a 

2 plan for deployment of Commercial Service per3 sonnel and other resources on the basis of the global 

4 assessment. 

5 ‘‘(iv) The Secretary shall conduct an assess6 ment and deployment described in clause (i) not less 

7 than once in every 5-year period. 

8 ‘‘(B) The Secretary may’’. 

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

10 SUPPORT OF U.S. EXPORTS. 

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

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

13 amended by inserting before the period at the end the fol14 lowing: ‘‘, including through the development of a plan, 

15 drafted in consultation with the Trade Promotion Coordi16 nating Committee, for effective diplomacy to remove or re17 duce obstacles to exports of United States goods and serv18 ices’’. 

19 (b) ASSESSMENTS AND PROMOTIONS.—Section 

20 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

21 4003(b)) is amended, in the second sentence, by inserting 

22 after ‘‘expertise’’ the following: ‘‘and (with respect to 

23 members of the Service with responsibilities relating to 

24 economic affairs) of the effectiveness of efforts to promote 

25 the export of United States goods and services in accord-
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1 ance with a commercial diplomacy plan developed pursu2 ant to section 207(c),’’. 

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

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

5 amended— 

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

7 end; 

8 (2) by redesignating paragraph (5) as para9 graph (6); and 

10 (3) by inserting after paragraph (4) the fol11 lowing new paragraph: 

12 ‘‘(5) the effectiveness of commercial diplomacy 

13 relating to the promotion of exports of United States 

14 goods and services; and’’. 

Passed the House of Representatives May 30, 2012. 

Attest: 

Clerk. 

112TH CONGRESS 

2D SESSION H. R. 4041 

AN ACT 

To amend the Export Enhancement Act of 1988 to 

purposes. United States goods and services, and for other further enhance the promotion of exports of