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. 
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 ‘‘Export Promotion Re-
form Act’’. 
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SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION 
ACTIVITIES OF FEDERAL AGENCIES. 
Section 2312 of the Export Enhancement Act of 
1988 (relating to the Trade Promotion Coordinating Com-
mittee; 15 U.S.C. 4727) is amended— 
(1) in subsection (b)— 
(A) in paragraph (5), by striking ‘‘and’’ 
after the semicolon; 
(B) by redesignating paragraph (6) as 
paragraph (7); and 
(C) by inserting after paragraph (5) the 
following: 
‘‘(6) in making the assessments under para-
graph (5), review the proposed annual budget of 
each agency described in paragraph (5) before the 
agency submits that budget to the Office of Manage-
ment and Budget and the President for inclusion in 
the budget of the United States submitted to Con-
gress under section 1105(a) of title 31, United 
States Code; and’’; 
(2) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; and 
(B) by inserting after paragraph (2) the 
following: 
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‘‘(3) in conducting the review and developing 
the plan under paragraph (2), take into account rec-
ommendations from a representative number of 
United States exporters, in particular small busi-
nesses and medium-sized businesses, and representa-
tives of United States workers;’’; and 
(3) by adding at the end the following: 
‘‘(g) EXECUTIVE ORDER AND REGULATIONS.—The 
President shall issue an executive order and such regula-
tions as are necessary to provide the chairperson of the 
TPCC with the authority to ensure that the TPCC carries 
out each of its duties under subsection (b) and develops 
and implements the strategic plan under subsection (c). 
‘‘(h) DEFINITION.—In this section, the term ‘small 
business’ means a small business concern as defined under 
section 3 of the Small Business Act (15 U.S.C. 632).’’. 
SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL 
SERVICE RESOURCES. 
Section 2301(c)(4) of the Export Enhancement Act 
of 1988 (relating to the United States and Foreign Com-
mercial Service; 15 U.S.C. 4721(c)(4)) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (F) as subparagraphs (C) through (G), re-
spectively; 
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(2) by striking ‘‘(4) FOREIGN OFFICES.—(A) 
The Secretary may’’ and inserting the following: 
‘‘(4) FOREIGN OFFICES.—(A)(i) The Secretary 
shall conduct a global assessment of overseas mar-
kets to determine those with the greatest potential 
for increasing United States exports, and to redeploy 
the Commercial Service personnel and other re-
sources on the basis of the global assessment. 
‘‘(ii) The assessment conducted under clause (i) 
shall take into account recommendations from a rep-
resentative number of United States exporters, in 
particular small- and medium-sized businesses, and 
representatives of United States workers. 
‘‘(iii) Not later than 6 months after the date of 
enactment of the Export Promotion Reform Act, the 
Secretary shall submit to Congress results of the 
global assessment conducted under clause (i) and a 
plan for redeployment of Commercial Service per-
sonnel and other resources on the basis of the global 
assessment. 
‘‘(iv) The Secretary shall conduct an assess-
ment and redeployment described in clause (i) not 
less than once in every 5-year period. 
‘‘(B) The Secretary may’’; and 
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(3) in subparagraph (F), as redesignated, by 
striking ‘‘is authorized, upon the request of the Sec-
retary, to provide’’ and inserting ‘‘shall, upon the re-
quest of the Secretary, provide’’. 
SEC. 4. STRENGTHENED U.S. COMMERCIAL DIPLOMACY IN 
SUPPORT OF U.S. EXPORTS. 
(a) DEVELOPMENT OF PLAN.—Section 207(c) of the 
Foreign Service Act of 1980 (22 U.S.C. 3927(c)) is 
amended— 
(1) by inserting before the period at the end the 
following: ‘‘, including through the development of a 
plan, drafted in consultation with the ambassador to 
such country, the Director General of the United 
States and Foreign Commercial Service, and the 
heads of other Federal departments and agencies 
with export promotion programs acting through the 
Trade Promotion Coordinating Committee, for effec-
tive diplomacy to remove or reduce obstacles to ex-
ports of United States goods and services’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘The chief of mission shall, prior to imple-
mentation of the plan required under this sub-
section, submit to the Secretary such plan for review 
by the Secretary.’’. 
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(b) 
ASSESSMENTS
AND
PROMOTIONS.—Section 
603(a) of the Foreign Service Act of 1980 (22 U.S.C. 
4003(a)) is amended, in the second sentence, by inserting 
before ‘‘and (with respect to’’ the following: ‘‘assessments 
(with respect to members of the Service with responsibil-
ities relating to economic affairs) of the effectiveness of 
efforts to promote the export of United States goods and 
services in accordance with a commercial diplomacy plan 
developed pursuant to section 207(c),’’. 
(c) INSPECTOR GENERAL.—Section 209(b) of the 
Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is 
amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) the effectiveness of commercial diplomacy 
relating to the promotion of exports of United States 
goods and services; and’’. 
Æ 
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