II 

112TH CONGRESS 

1ST SESSION S. 257 

To improve certain programs of the Small Business Administration to better 

assist small business customers in accessing broadband technology, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2011 

Ms. LANDRIEU (for herself and Mr. KERRY) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

A BILL 

To improve certain programs of the Small Business Administration to better assist small business customers in accessing broadband technology, 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 ‘‘Small Business 

5 Broadband and Emerging Information Technology En6 hancement Act of 2011’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that, according to a report by the Fed9 eral Communications Commission entitled ‘‘Connecting 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 257 IS

1 America: The National Broadband Plan’’, dated March 

2 2010, the Commission recommends that— 

3 (1) ‘‘To fully implement next-generation tech4 nology within its operations, the SBA should also 

5 appoint a broadband and emerging IT coordinator. 

6 This individual would ensure that SBA programs 

7 maintain the requisite broadband expertise, tools 

8 and training courses to serve small businesses.’’; 

9 (2) ‘‘Congress should consider ways to leverage 

10 existing assistance provided through’’ entrepre11 neurial development programs, ‘‘to focus training on 

12 advanced IT and broadband applications’’; 

13 (3) ‘‘Congress could also consider ways to sup14 port technology training among women entre15 preneurs through’’ women’s business centers; 

16 (4) ‘‘The training programs should include an 

17 entry-level ‘Broadband 101’ course to give small 

18 businesses an introduction to how to capitalize on 

19 broadband connectivity, as well as more advanced 

20 applications for IT staff.’’; 

21 (5) small and medium enterprise ‘‘IT training 

22 should include resources for non-IT staff, such as 

23 how to use e-commerce tools for sales, streamline fi24 nance with online records or leverage knowledge 

25 management across an organization.’’; and 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 257 IS

1 (6) ‘‘To facilitate the development of broadband 

2 networks, Congress should consider allowing all 

3 agencies to set the fees for access to rights-of-way 

4 for broadband services on the basis of a direct cost 

5 recovery approach, especially in markets currently 

6 underserved or unserved by any broadband service 

7 provider. The Executive Branch should also develop 

8 one or more master contracts for all federal property 

9 and buildings covering the placement of wireless 

10 towers.’’. 

11 SEC. 3. DEFINITIONS. 

12 In this Act— 

13 (1) the terms ‘‘Administration’’ and ‘‘Adminis14 trator’’ mean the Small Business Administration 

15 and the Administrator thereof, respectively; and 

16 (2) the term ‘‘small business concern’’ has the 

17 meaning given that term under section 3 of the 

18 Small Business Act (15 U.S.C. 632). 

19 SEC. 4. BROADBAND AND EMERGING INFORMATION TECH20 NOLOGY COORDINATOR. 

21 (a) IN GENERAL.—The Small Business Act (15 

22 U.S.C. 631 et seq.) is amended— 

23 (1) by redesignating section 45 as section 46; 

24 and 

25 (2) by inserting after section 44 the following: 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 257 IS

1 ‘‘SEC. 45. BROADBAND AND EMERGING INFORMATION 

2 TECHNOLOGY. 

3 ‘‘(a) DEFINITION.—In this section, the term 

4 ‘broadband and emerging information technology coordi5 nator’ means the individual assigned the broadband and 

6 emerging information technology coordination responsibil7 ities of the Administration under subsection (b)(1). 

8 ‘‘(b) ASSIGNMENT OF COORDINATOR.— 

9 ‘‘(1) ASSIGNMENT OF COORDINATOR.—The Ad10 ministrator shall assign responsibility for coordi11 nating the programs and activities of the Adminis12 tration relating to broadband and emerging informa13 tion technology to an individual who— 

14 ‘‘(A) shall report directly to the Adminis15 trator; 

16 ‘‘(B) shall work in coordination with— 

17 ‘‘(i) the chief information officer, the 

18 chief technology officer, and the head of 

19 the Office of Technology of the Adminis20 tration; and 

21 ‘‘(ii) any Associate Administrator of 

22 the Administration determined appropriate 

23 by the Administrator; 

24 ‘‘(C) has experience developing and imple25 menting telecommunications policy in the pri26 vate sector or government; and 


tjames on DSKG8SOYB1PROD with BILLS
5 

•S 257 IS

1 ‘‘(D) has demonstrated significant experi2 ence in the area of broadband or emerging in3 formation technology. 

4 ‘‘(2) RESPONSIBILITIES OF COORDINATOR.— 

5 The broadband and emerging information technology 

6 coordinator shall— 

7 ‘‘(A) coordinate programs of the Adminis8 tration that assist small business concerns in 

9 adopting, making innovations in, and using 

10 broadband and other emerging information 

11 technologies; 

12 ‘‘(B) serve as the primary liaison of the 

13 Administration to other Federal agencies in14 volved in broadband and emerging information 

15 technology policy, including the Department of 

16 Commerce, the Department of Agriculture, and 

17 the Federal Communications Commission; and 

18 ‘‘(C) identify best practices relating to 

19 broadband and emerging information tech20 nology that may benefit small business con21 cerns. 

22 ‘‘(3) TRAVEL.—Not more than 20 percent of 

23 the hours of service by the broadband and emerging 

24 information technology coordinator during any fiscal 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 257 IS

1 year shall consist of travel outside the United States 

2 to perform official duties. 

3 ‘‘(c) BROADBAND AND EMERGING TECHNOLOGY

4 TRAINING.— 

5 ‘‘(1) TRAINING.—The Administrator shall pro6 vide to employees of the Administration training 

7 that— 

8 ‘‘(A) familiarizes employees of the Admin9 istration with broadband and other emerging 

10 information technologies; and 

11 ‘‘(B) includes— 

12 ‘‘(i) instruction counseling small busi13 ness concerns regarding adopting, making 

14 innovations in, and using broadband and 

15 other emerging information technologies; 

16 and 

17 ‘‘(ii) information on programs of the 

18 Federal Government that provide assist19 ance to small business concerns relating to 

20 broadband and emerging information tech21 nologies. 

22 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this subsection. 

25 ‘‘(d) REPORTS.— 


tjames on DSKG8SOYB1PROD with BILLS
7 

•S 257 IS

1 ‘‘(1) BIENNIAL REPORT ON ACTIVITIES.—Not 

2 later than 2 years after the date on which the Ad3 ministrator makes the first assignment of respon4 sibilities under subsection (b), and every 2 years 

5 thereafter, the broadband and emerging information 

6 technology coordinator shall submit to the Com7 mittee on Small Business and Entrepreneurship of 

8 the Senate and the Committee on Small Business of 

9 the House of Representatives a report regarding the 

10 programs and activities of the Administration relat11 ing to broadband and other emerging information 

12 technologies. 

13 ‘‘(2) REPORT ON FEDERAL PROGRAMS.—Not 

14 later than 1 year after the date of enactment of this 

15 section, the broadband and emerging information 

16 technology coordinator, in consultation with the Sec17 retary of Agriculture, the Assistant Secretary of 

18 Commerce for Communications and Information, 

19 and the Chairman of the Federal Communications 

20 Commission, shall submit to the Committee on 

21 Small Business and Entrepreneurship of the Senate 

22 and the Committee on Small Business of the House 

23 of Representatives a report on the programs of the 

24 Federal Government that provide assistance to small 

25 business concerns relating to broadband and emergVerDate Mar 15 2010 23:37 Feb 02, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S257.IS S257

tjames on DSKG8SOYB1PROD with BILLS
8 

•S 257 IS

1 ing information technologies, which shall include rec2 ommendations, if any, for improving coordination 

3 among the programs.’’. 

4 (b) ELIMINATION OF VACANT POSITION RE5 QUIRED.— 

6 (1) ELIMINATION.—Before assigning the first 

7 broadband and emerging technologies coordinator 

8 under section 45 of the Small Business Act, as 

9 added by subsection (a) of this section, the Adminis10 trator shall— 

11 (A) identify a position within the Adminis12 tration that is— 

13 (i) vacant on the date of enactment of 

14 this Act; and 

15 (ii) required to be filled by an em16 ployee in the Senior Executive Service or 

17 at GS–15 of the General Schedule; and 

18 (B) eliminate the position identified under 

19 subparagraph (A). 

20 (2) RESTRICTION.—For purposes of paragraph 

21 (1), the Administrator may not eliminate a position 

22 established by the Small Business Act (15 U.S.C. 

23 631 et seq.), the Small Business Investment Act 

24 1958 (15 U.S.C. 661 et seq.), or any Federal stat25 ute. 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 257 IS

1 SEC. 5. ENTREPRENEURIAL DEVELOPMENT. 

2 Section 21(c)(3)(B) of the Small Business Act (15 

3 U.S.C. 648(c)(3)(B)) is amended— 

4 (1) in the matter preceding clause (i), by insert5 ing ‘‘accessing broadband and other emerging infor6 mation technology,’’ after ‘‘technology transfer,’’; 

7 (2) in clause (ii), by striking ‘‘and’’ at the end; 

8 (3) in clause (iii), by adding ‘‘and’’ at the end; 

9 and 

10 (4) by adding at the end the following: 

11 ‘‘(iv) increasing the competitiveness and 

12 productivity of small business concerns by as13 sisting entrepreneurs in accessing broadband 

14 and other emerging information technology;’’. 

15 SEC. 6. CAPITAL ACCESS. 

16 (a) IN GENERAL.—Section 7(a) of the Small Busi17 ness Act (15 U.S.C. 636(a)) is amended in the matter pre18 ceding paragraph (1) by inserting ‘‘(including to purchase 

19 equipment for broadband or other emerging information 

20 technologies)’’ after ‘‘equipment’’. 

21 (b) MICROLOANS.—Section 7(m)(1)(A)(iii)(I) of the 

22 Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is 

23 amended by inserting ‘‘(including to purchase equipment 

24 for broadband or other emerging information tech25 nologies)’’ after ‘‘or equipment’’. 


tjames on DSKG8SOYB1PROD with BILLS
10 

•S 257 IS

1 SEC. 7. REPORT TO CONGRESS. 

2 (a) IN GENERAL.—Not later than 45 days after the 

3 date of enactment of this Act, the Administrator, in con4 sultation with the Administrator of General Services, shall 

5 submit to the Committee on Small Business and Entrepre6 neurship of the Senate and the Committee on Small Busi7 ness of the House of Representatives a report on ways 

8 to assist with the development of broadband and wireless 

9 technology that would benefit small business concerns. 

10 (b) CONTENT OF THE REPORT.—The report sub11 mitted under subsection (a) shall— 

12 (1) outline the participation by the Administra13 tion in the National Antenna Program, including the 

14 number of wireless towers deployed on facilities 

15 which contain an office of the Administration; 

16 (2) information on agreements between the Ad17 ministration and the General Services Administra18 tion related to broadband and wireless deployment in 

19 offices of the Administration; and 

20 (3) recommendations, if any, on opportunities 

21 for the Administration to improve broadband or 

22 wireless technology in offices of the Administration 

23 that are in areas currently underserved or unserved 

24 by broadband service providers. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS