I 

115TH CONGRESS 

2D SESSION H. R. 4798 

To provide for an inventory of Federal assets on which a communications 

facility could be constructed or that could otherwise be made available 

for use in connection with the construction or operation of a communications facility or provision of communications service. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2018 

Mr. COLLINS of New York introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure, and in addition 

to the Committee on Energy and Commerce, 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 provide for an inventory of Federal assets on which 

a communications facility could be constructed or that 

could otherwise be made available for use in connection 

with the construction or operation of a communications 

facility or provision of communications service. 

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 ‘‘Inventory of Assets 

5 for Communications Facilities Act of 2018’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•HR 4798 IH

1 SEC. 2. INVENTORY OF FEDERAL ASSETS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the enactment of this Act— 

4 (1) the Administrator of General Services, in 

5 coordination with the Assistant Secretary of Com6 merce for Communications and Information, shall 

7 ensure that the database established under section 

8 5(c) of Executive Order 13327 (69 Fed. Reg. 5895) 

9 includes an inventory of covered assets, which shall 

10 include the information provided under subsections 

11 (b) and (c); 

12 (2) the Administrator shall make such inven13 tory available to the Assistant Secretary for pur14 poses of paragraph (3); and 

15 (3) the Assistant Secretary shall make such in16 ventory available to any entity that constructs or op17 erates communications facilities or provides commu18 nications service. 

19 (b) PROVISION OF INFORMATION BY EXECUTIVE

20 AGENCIES.— 

21 (1) IN GENERAL.—Not later than 9 months 

22 after the date of the enactment of this Act, the head 

23 of an Executive agency shall provide to the Adminis24 trator, in a manner and format to be determined by 

25 the Administrator, the information described in 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•HR 4798 IH

1 paragraph (2) with respect to a covered asset of 

2 such agency. 

3 (2) INFORMATION DESCRIBED.—The informa4 tion described in this paragraph is— 

5 (A) the location of the covered asset; 

6 (B) the type of the covered asset, such as 

7 whether the asset is a building (and the type of 

8 building), land (and the type or use of the 

9 land), right-of-way, easement, utility pole, wire10 less communications tower, underground utility 

11 route, or cable on which capacity is available for 

12 lease; 

13 (C) contact information for an officer or 

14 employee of the agency who may be contacted 

15 for permitting or other information about the 

16 covered asset; 

17 (D) whether the covered asset is historic 

18 property (as defined in section 300308 of title 

19 54, United States Code); and 

20 (E) such other information as the Admin21 istrator considers appropriate. 

22 (3) PROVISION OF UPDATED INFORMATION.— 

23 (A) CHANGE IN INFORMATION.—In the 

24 case of a change in any of the information pro25 vided to the Administrator under paragraph (1) 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•HR 4798 IH

1 with respect to a covered asset of an Executive 

2 agency, the head of such agency shall provide 

3 updated information to the Administrator not 

4 later than 30 days after such change. 

5 (B) ACQUISITION OF NEW COVERED

6 ASSET.—In the case of the acquisition of a cov7 ered asset by an Executive agency after the 

8 date that is 9 months after the date of the en9 actment of this Act, the head of such agency 

10 shall provide to the Administrator the informa11 tion required by paragraph (1) with respect to 

12 such asset not later than 30 days after such ac13 quisition. 

14 (4) EXCLUSION OF INFORMATION FOR NA15 TIONAL SECURITY REASONS.— 

16 (A) CLASSIFIED INFORMATION.—The head 

17 of an Executive agency may exclude classified 

18 information from the information provided to 

19 the Administrator under this subsection. 

20 (B) OTHER INFORMATION.—If the head of 

21 an Executive agency determines, in consultation 

22 with the Administrator, that inclusion of infor23 mation (other than classified information) 

24 about a covered asset of such agency in the in25 ventory established under subsection (a) would 


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•HR 4798 IH

1 harm national security, the head of the agency 

2 may exclude such information from the infor3 mation provided to the Administrator under 

4 this subsection. 

5 (C) CLASSIFIED INFORMATION DE6 FINED.—In this paragraph, the term ‘‘classified 

7 information’’ means any information or mate8 rial that has been determined by the Federal 

9 Government pursuant to an Executive order, 

10 statute, or regulation, to require protection 

11 against unauthorized disclosure for reasons of 

12 national security and any restricted data, as de13 fined in section 11 y. of the Atomic Energy Act 

14 of 1954 (42 U.S.C. 2014(y)). 

15 (c) INFORMATION ON STATE AND LOCAL ASSETS.— 

16 (1) VOLUNTARY PROVISION OF INFORMA17 TION.—A State or local government may provide to 

18 the Administrator for inclusion in the inventory es19 tablished under subsection (a), in a manner and for20 mat to be determined by the Administrator, informa21 tion with respect to a State or local asset that would 

22 be a covered asset if under the custody and control 

23 of an Executive agency. 

24 (2) INCLUSION OF INFORMATION.—The Admin25 istrator shall include in such inventory any informaVerDate Sep 11 2014 00:44 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4798.IH H4798

rfrederick on DSKBCBPHB2PROD with BILLS
6 

•HR 4798 IH

1 tion provided by a State or local government in ac2 cordance with paragraph (1) in the same manner as 

3 information provided by an Executive agency under 

4 subsection (b). 

5 (3) PROVISION OF UPDATED INFORMATION.—In 

6 the case of a change in any of the information pro7 vided to the Administrator under paragraph (1) with 

8 respect to a State or local asset, the State or local 

9 government shall provide updated information to the 

10 Administrator not later than 30 days after such 

11 change. If a State or local government does not com12 ply with the preceding sentence, the Administrator 

13 shall deny the State or local government access to 

14 the inventory established under subsection (a). 

15 (d) UPDATING OF INVENTORY.—After the establish16 ment of the inventory under subsection (a), the Adminis17 trator shall include in the inventory information provided 

18 under subsection (b) or (c) not later than the date that 

19 is 7 days after the Administrator receives such informa20 tion. The information with respect to each covered asset 

21 or State or local asset in the inventory shall include the 

22 most recent date on which such information was added 

23 or updated. 

24 (e) FORMAT OF LOCATION INFORMATION.—The in25 formation in the inventory established under subsection 


rfrederick on DSKBCBPHB2PROD with BILLS
7 

•HR 4798 IH

1 (a) about the location of a covered asset or State or local 

2 asset shall be in Geographic Information System format 

3 or another format that the Administrator considers appro4 priate. 

5 (f) INFORMATION SECURITY.—The Administrator 

6 shall adopt measures to prevent unauthorized access to the 

7 information in the inventory established under subsection 

8 (a). 

9 (g) DEFINITIONS.—In this section: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of General Serv12 ices. 

13 (2) ASSISTANT SECRETARY.—The term ‘‘Assist14 ant Secretary’’ means the Assistant Secretary of 

15 Commerce for Communications and Information. 

16 (3) COMMUNICATIONS FACILITY.—The term 

17 ‘‘communications facility’’ includes— 

18 (A) any wireless or wireline infrastructure 

19 for the transmission of writing, signs, signals, 

20 data, images, pictures, or sounds of all kinds; 

21 (B) any transmitting device, tower, or sup22 port structure, and any equipment, switches, 

23 wiring, cabling, power sources, shelters, or cabi24 nets, associated with the provision of commu25 nications services; and 


rfrederick on DSKBCBPHB2PROD with BILLS
8 

•HR 4798 IH

1 (C) any antenna or apparatus that— 

2 (i) is designed for the purpose of 

3 emitting radio frequency; 

4 (ii) is designed to be operated, or is 

5 operating, from a fixed location; and 

6 (iii) is added to a tower, building, or 

7 other structure. 

8 (4) COMMUNICATIONS SERVICE.—The term 

9 ‘‘communications service’’ means a service for the 

10 transmission of writing, signs, signals, data, images, 

11 pictures, or sounds of all kinds. 

12 (5) COVERED ASSET.—The term ‘‘covered 

13 asset’’ means, with respect to an agency, any Fed14 eral real property (as defined in section 2(a) of Ex15 ecutive Order 13327 (69 Fed. Reg. 5895)) under 

16 the custody and control of such agency— 

17 (A)(i) on which a broadband communica18 tions facility could be constructed; or 

19 (ii) that could otherwise be made available 

20 to an entity that— 

21 (I) constructs or operates broadband 

22 communications facilities for use in con23 nection with such construction or oper24 ation; or 


rfrederick on DSKBCBPHB2PROD with BILLS
9 

•HR 4798 IH

1 (II) provides broadband communica2 tions service for use in connection with 

3 such provision; and 

4 (B) that is suitable for the deployment, or 

5 use in connection with the deployment, of 

6 broadband communications facilities or broad7 band communications services. 

8 (6) EXECUTIVE AGENCY.—The term ‘‘Executive 

9 agency’’ has the meaning given such term in section 

10 105 of title 5, United States Code. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS