I 111th CONGRESS 2d Session H. R. 6320 IN THE HOUSE OF REPRESENTATIVES September 29, 2010 Mr. Courtney introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses.

1.

Short title

This Act may be cited as the Small Business Export Support Act of 2010.

2.

Export licensing compliance assistance by Commercial Service district offices

Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended— (1)in subsection (b)— (A)in paragraph (8), by striking ; and and inserting a semicolon; (B)in paragraph (9), by striking the period and inserting ; and; and (C)by adding at the end the following new paragraph: (10)providing small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. ; and (2)in subsection (c)(3)— (A)by inserting (A) before The Secretary shall; and (B)by adding at the end the following new subparagraphs: (B)The Secretary shall assign export licensing compliance specialists to at least 20 district offices (or, at any time when there are 20 or fewer such offices, to all such offices). Such export licensing compliance specialists shall provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. (C)In determining whether to assign an export licensing compliance specialist to a district office under subparagraph (B), the Secretary shall take into account the need for such assistance of the small businesses and medium-sized businesses in the region served by the office. In assessing such need, the Secretary shall consider such indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate, including the number of small businesses and medium-sized businesses in the region that have been issued export licenses. .

3.

Annual reviews of Commercial Service district office staffing

(a)

In general

Not later than 60 days after the end of each fiscal year that ends after the date of the enactment of this Act, the Secretary of Commerce shall complete a review, with respect to such fiscal year, of the level of staffing at each district office of the United States and Foreign Commercial Service established under section 2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(3)(A)) to determine, for the fiscal year that begins after the date of the completion of the review, the level of staffing at each office that will enable such office to effectively serve small businesses and medium-sized businesses. (b)

Elements of review

A review under subsection (a) shall include with respect to each district office— (1)a determination of the number of staff employed in the office during the fiscal year in which the review is completed and during each of the preceding 9 fiscal years; (2)a determination of the need of small businesses and medium-sized businesses in the region served by the office for the services and assistance described in section 2301(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)), as indicated by factors including— (A)the volume of requests made by small businesses and medium-sized businesses to the office for such services and assistance; (B)the number of small businesses and medium-sized businesses in the region that have been issued export licenses; and (C)such other indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate; (3)an assessment of the overall performance of the office in providing such services and assistance to small businesses and medium-sized businesses; (4)an assessment of whether any changes should be made in the number of staff employed in the office for the fiscal year that begins after the date of the completion of the review, including whether, based on the determination under paragraph (2), an export licensing compliance specialist should be assigned (or continue to be assigned) to the office under section 2301(c)(3)(B) of such Act (15 U.S.C. 4721(c)(3)(B)); (5)an assessment of whether any changes in funding for the office for such fiscal year will be necessary to implement any changes identified under paragraph (4); and (6)such other elements as the Secretary considers appropriate. (c)

Inclusion in President’s budget submission to Congress

(1)

Submission by Secretary to President

For each fiscal year with respect to which a review is completed under subsection (a), the Secretary shall prepare a report on the review and shall include the report in the submission to the President of materials relating to the budget of the Department of Commerce for the fiscal year that begins after the date of the completion of the review. The Secretary shall include in the report a statement that— (A)assesses the consistency of any budgetary requests made by the Secretary in the submission with the conclusions in the review regarding appropriate levels of staffing and funding; and (B)justifies any inconsistencies between the requests and the conclusions. (2)

Submission by President to Congress

The President shall include the report submitted under paragraph (1) in the budget of the United States Government submitted to Congress under section 1105(a) of title 31, United States Code, for the fiscal year that begins after the date of the submission of the report to the President by the Secretary. The President shall attach to the report an addendum that— (A)assesses the consistency of the budget with the conclusions in the review regarding appropriate levels of staffing and funding; and (B)justifies any inconsistencies between the budget and the conclusions.

4.

Designation of export licensing coordinators

(a)

In general

Each official described in subsection (c) shall designate an export licensing coordinator for the department or agency of the official. The export licensing coordinator for a department or agency shall be an individual who exercises significant decisionmaking authority in the department or agency. (b)

Duties

The export licensing coordinator designated for a department or agency under subsection (a) shall devise, encourage, and coordinate activities by the department or agency that provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. (c)

Officials described

The officials described in this subsection are the following: (1)The Secretary of Commerce. (2)The Secretary of Defense. (3)The Secretary of State. (4)The Secretary of the Treasury. (5)The Administrator of the Small Business Administration.

5.

Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses

(a)

Establishment

There is established in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses (in this section referred to as the Task Force). (b)

Duties of Task Force

(1)

In general

Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to Congress a report containing— (A)recommendations for improving the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses by the Federal Government, including recommendations regarding any increases in the amount or changes in the allocation of resources for such support, training, education, and compliance assistance; (B)recommendations for changes to such requirements to improve opportunities for small businesses and medium-sized businesses to export goods and services from the United States; and (C)such other recommendations as the Task Force considers appropriate. (2)

Input from businesses

The Task Force shall consult with small businesses and medium-sized businesses in preparing the report required by paragraph (1). (c)

Membership

(1)

In general

The Task Force shall be composed of the officials described in section 4(c). (2)

Compensation

A member of the Task Force may not receive pay, allowances, or benefits by reason of service on the Task Force in addition to pay, allowances, or benefits by reason of service as an officer of the United States in the capacity listed in section 4(c) in which the member serves. (3)

Chairperson

The Chairperson of the Task Force shall be elected by the members. (4)

Quorum

Three members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (d)

Administrative and support services

Upon the request of the Chairperson, the Secretary of Commerce shall provide to the Task Force, without reimbursement, such administrative and support services, including details of personnel, as may be necessary to enable the Task Force to carry out its duties under this section.

6.

Definitions

(a)

Small business defined

In this Act, the term small business means a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632). (b)

Additional definition for sections 4 and 5

In sections 4 and 5, the term export licensing requirements includes export licensing requirements under section 38 of the Arms Export Control Act (22 U.S.C. 2778).