I 

111TH CONGRESS 

2D SESSION H. R. 6320 

To improve the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and 

medium-sized businesses. 

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 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 ‘‘Small Business Export 

5 Support Act of 2010’’. 


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1 SEC. 2. EXPORT LICENSING COMPLIANCE ASSISTANCE BY 

2 COMMERCIAL SERVICE DISTRICT OFFICES. 

3 Section 2301 of the Export Enhancement Act of 

4 1988 (15 U.S.C. 4721) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (8), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (B) in paragraph (9), by striking the pe9 riod and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(10) providing small businesses and medium13 sized businesses with support, training, education, 

14 and compliance assistance regarding export licensing 

15 requirements.’’; and 

16 (2) in subsection (c)(3)— 

17 (A) by inserting ‘‘(A)’’ before ‘‘The Sec18 retary shall’’; and 

19 (B) by adding at the end the following new 

20 subparagraphs: 

21 ‘‘(B) The Secretary shall assign export licensing 

22 compliance specialists to at least 20 district offices 

23 (or, at any time when there are 20 or fewer such of24 fices, to all such offices). Such export licensing com25 pliance specialists shall provide small businesses and 

26 medium-sized businesses with support, training, eduVerDate Mar 15 2010 00:56 Oct 13, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6320.IH H6320

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1 cation, and compliance assistance regarding export 

2 licensing requirements. 

3 ‘‘(C) In determining whether to assign an ex4 port licensing compliance specialist to a district of5 fice under subparagraph (B), the Secretary shall 

6 take into account the need for such assistance of the 

7 small businesses and medium-sized businesses in the 

8 region served by the office. In assessing such need, 

9 the Secretary shall consider such indicators of the 

10 small business and medium-sized business industrial 

11 base in the region as the Secretary considers appro12 priate, including the number of small businesses and 

13 medium-sized businesses in the region that have 

14 been issued export licenses.’’. 

15 SEC. 3. ANNUAL REVIEWS OF COMMERCIAL SERVICE DIS16 TRICT OFFICE STAFFING. 

17 (a) IN GENERAL.—Not later than 60 days after the 

18 end of each fiscal year that ends after the date of the en19 actment of this Act, the Secretary of Commerce shall com20 plete a review, with respect to such fiscal year, of the level 

21 of staffing at each district office of the United States and 

22 Foreign Commercial Service established under section 

23 2301(c)(3)(A) of the Export Enhancement Act of 1988 

24 (15 U.S.C. 4721(c)(3)(A)) to determine, for the fiscal year 

25 that begins after the date of the completion of the review, 


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1 the level of staffing at each office that will enable such 

2 office to effectively serve small businesses and medium3 sized businesses. 

4 (b) ELEMENTS OF REVIEW.—A review under sub5 section (a) shall include with respect to each district of6 fice— 

7 (1) a determination of the number of staff em8 ployed in the office during the fiscal year in which 

9 the review is completed and during each of the pre10 ceding 9 fiscal years; 

11 (2) a determination of the need of small busi12 nesses and medium-sized businesses in the region 

13 served by the office for the services and assistance 

14 described in section 2301(b) of the Export Enhance15 ment Act of 1988 (15 U.S.C. 4721(b)), as indicated 

16 by factors including— 

17 (A) the volume of requests made by small 

18 businesses and medium-sized businesses to the 

19 office for such services and assistance; 

20 (B) the number of small businesses and 

21 medium-sized businesses in the region that have 

22 been issued export licenses; and 

23 (C) such other indicators of the small busi24 ness and medium-sized business industrial base 


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1 in the region as the Secretary considers appro2 priate; 

3 (3) an assessment of the overall performance of 

4 the office in providing such services and assistance 

5 to small businesses and medium-sized businesses; 

6 (4) an assessment of whether any changes 

7 should be made in the number of staff employed in 

8 the office for the fiscal year that begins after the 

9 date of the completion of the review, including 

10 whether, based on the determination under para11 graph (2), an export licensing compliance specialist 

12 should be assigned (or continue to be assigned) to 

13 the office under section 2301(c)(3)(B) of such Act 

14 (15 U.S.C. 4721(c)(3)(B)); 

15 (5) an assessment of whether any changes in 

16 funding for the office for such fiscal year will be nec17 essary to implement any changes identified under 

18 paragraph (4); and 

19 (6) such other elements as the Secretary con20 siders appropriate. 

21 (c) INCLUSION IN PRESIDENT’S BUDGET SUBMIS22 SION TO CONGRESS.— 

23 (1) SUBMISSION BY SECRETARY TO PRESI24 DENT.—For each fiscal year with respect to which 

25 a review is completed under subsection (a), the SecVerDate Mar 15 2010 00:56 Oct 13, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6320.IH H6320

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1 retary shall prepare a report on the review and shall 

2 include the report in the submission to the President 

3 of materials relating to the budget of the Depart4 ment of Commerce for the fiscal year that begins 

5 after the date of the completion of the review. The 

6 Secretary shall include in the report a statement 

7 that— 

8 (A) assesses the consistency of any budg9 etary requests made by the Secretary in the 

10 submission with the conclusions in the review 

11 regarding appropriate levels of staffing and 

12 funding; and 

13 (B) justifies any inconsistencies between 

14 the requests and the conclusions. 

15 (2) SUBMISSION BY PRESIDENT TO CON16 GRESS.—The President shall include the report sub17 mitted under paragraph (1) in the budget of the 

18 United States Government submitted to Congress 

19 under section 1105(a) of title 31, United States 

20 Code, for the fiscal year that begins after the date 

21 of the submission of the report to the President by 

22 the Secretary. The President shall attach to the re23 port an addendum that— 


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1 (A) assesses the consistency of the budget 

2 with the conclusions in the review regarding ap3 propriate levels of staffing and funding; and 

4 (B) justifies any inconsistencies between 

5 the budget and the conclusions. 

6 SEC. 4. DESIGNATION OF EXPORT LICENSING COORDINA7 TORS. 

8 (a) IN GENERAL.—Each official described in sub9 section (c) shall designate an export licensing coordinator 

10 for the department or agency of the official. The export 

11 licensing coordinator for a department or agency shall be 

12 an individual who exercises significant decisionmaking au13 thority in the department or agency. 

14 (b) DUTIES.—The export licensing coordinator des15 ignated for a department or agency under subsection (a) 

16 shall devise, encourage, and coordinate activities by the 

17 department or agency that provide small businesses and 

18 medium-sized businesses with support, training, edu19 cation, and compliance assistance regarding export licens20 ing requirements. 

21 (c) OFFICIALS DESCRIBED.—The officials described 

22 in this subsection are the following: 

23 (1) The Secretary of Commerce. 

24 (2) The Secretary of Defense. 

25 (3) The Secretary of State. 


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1 (4) The Secretary of the Treasury. 

2 (5) The Administrator of the Small Business 

3 Administration. 

4 SEC. 5. INTERAGENCY TASK FORCE ON EXPORT CONTROL 

5 ASSISTANCE AND RELIEF FOR SMALL AND 

6 MEDIUM-SIZED BUSINESSES. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Department of Commerce an Interagency Task Force on 

9 Export Control Assistance and Relief for Small and Me10 dium-Sized Businesses (in this section referred to as the 

11 ‘‘Task Force’’). 

12 (b) DUTIES OF TASK FORCE.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of this Act and an15 nually thereafter, the Task Force shall submit to 

16 Congress a report containing— 

17 (A) recommendations for improving the 

18 support, training, education, and compliance as19 sistance regarding export licensing requirements 

20 provided to small businesses and medium-sized 

21 businesses by the Federal Government, includ22 ing recommendations regarding any increases in 

23 the amount or changes in the allocation of re24 sources for such support, training, education, 

25 and compliance assistance; 


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1 (B) recommendations for changes to such 

2 requirements to improve opportunities for small 

3 businesses and medium-sized businesses to ex4 port goods and services from the United States; 

5 and 

6 (C) such other recommendations as the 

7 Task Force considers appropriate. 

8 (2) INPUT FROM BUSINESSES.—The Task 

9 Force shall consult with small businesses and me10 dium-sized businesses in preparing the report re11 quired by paragraph (1). 

12 (c) MEMBERSHIP.— 

13 (1) IN GENERAL.—The Task Force shall be 

14 composed of the officials described in section 4(c). 

15 (2) COMPENSATION.—A member of the Task 

16 Force may not receive pay, allowances, or benefits 

17 by reason of service on the Task Force in addition 

18 to pay, allowances, or benefits by reason of service 

19 as an officer of the United States in the capacity 

20 listed in section 4(c) in which the member serves. 

21 (3) CHAIRPERSON.—The Chairperson of the 

22 Task Force shall be elected by the members. 

23 (4) QUORUM.—Three members of the Task 

24 Force shall constitute a quorum, but a lesser num25 ber may hold hearings. 


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1 (d) ADMINISTRATIVE AND SUPPORT SERVICES.— 

2 Upon the request of the Chairperson, the Secretary of 

3 Commerce shall provide to the Task Force, without reim4 bursement, such administrative and support services, in5 cluding details of personnel, as may be necessary to enable 

6 the Task Force to carry out its duties under this section. 

7 SEC. 6. DEFINITIONS. 

8 (a) SMALL BUSINESS DEFINED.—In this Act, the 

9 term ‘‘small business’’ means a small business concern, 

10 as defined under section 3 of the Small Business Act (15 

11 U.S.C. 632). 

12 (b) ADDITIONAL DEFINITION FOR SECTIONS 4 AND

13 5.—In sections 4 and 5, the term ‘‘export licensing re14 quirements’’ includes export licensing requirements under 

15 section 38 of the Arms Export Control Act (22 U.S.C. 

16 2778). 

Æ 


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