I 

115TH CONGRESS 

2D SESSION H. R. 4839 

To provide for the establishment of an inventory of Federal assets to provide 

information to entities that construct or operate communications facilities 

or provide communications service. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. BEN RAY LUJA ́N of New Mexico 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 the establishment of an inventory of Federal 

assets to provide information to entities that construct 

or operate communications facilities or provide 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 ‘‘Broadband Infrastruc5 ture Inventory Act of 2018’’. 


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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, the Assistant Secretary 

4 shall— 

5 (1) establish and maintain an inventory of cov6 ered assets that includes the information provided 

7 under subsections (b) and (c); and 

8 (2) make such inventory available to any entity 

9 that constructs or operates communications facilities 

10 or provides communications service. 

11 (b) PROVISION OF INFORMATION BY EXECUTIVE

12 AGENCIES.— 

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

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

15 of an Executive agency shall provide to the Assistant 

16 Secretary, in a manner and format to be determined 

17 by the Assistant Secretary, the information de18 scribed in paragraph (2) with respect to a covered 

19 asset of such agency. 

20 (2) INFORMATION DESCRIBED.—The informa21 tion described in this paragraph is— 

22 (A) the location of the covered asset; 

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

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

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

26 land), right-of-way, easement, utility pole, wireVerDate Sep 11 2014 22:46 Jan 20, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4839.IH H4839

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1 less communications tower, underground utility 

2 route, or cable on which capacity is available for 

3 lease; 

4 (C) contact information for an officer or 

5 employee of the agency who may be contacted 

6 for permitting or other information about the 

7 covered asset; 

8 (D) whether the covered asset is historic 

9 property (as defined in section 300308 of title 

10 54, United States Code); and 

11 (E) such other information as the Assist12 ant Secretary considers appropriate. 

13 (3) PROVISION OF UPDATED INFORMATION.— 

14 (A) CHANGE IN INFORMATION.—In the 

15 case of a change in any of the information pro16 vided to the Assistant Secretary under para17 graph (1) with respect to a covered asset of an 

18 Executive agency, the head of such agency shall 

19 provide updated information to the Assistant 

20 Secretary not later than 30 days after such 

21 change. 

22 (B) ACQUISITION OF NEW COVERED

23 ASSET.—In the case of the acquisition of a cov24 ered asset by an Executive agency after the 

25 date that is 9 months after the date of the enVerDate Sep 11 2014 22:46 Jan 20, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4839.IH H4839

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1 actment of this Act, the head of such agency 

2 shall provide to the Assistant Secretary the in3 formation required by paragraph (1) with re4 spect to such asset not later than 30 days after 

5 such acquisition. 

6 (4) EXCLUSION OF INFORMATION FOR NA7 TIONAL SECURITY REASONS.— 

8 (A) CLASSIFIED INFORMATION.—The head 

9 of an Executive agency may exclude classified 

10 information from the information provided to 

11 the Assistant Secretary under this subsection. 

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

13 an Executive agency determines, in consultation 

14 with the Assistant Secretary, that inclusion of 

15 information (other than classified information) 

16 about a covered asset of such agency in the in17 ventory established under subsection (a) would 

18 harm national security, the head of the agency 

19 may exclude such information from the infor20 mation provided to the Assistant Secretary 

21 under this subsection. 

22 (C) CLASSIFIED INFORMATION DE23 FINED.—In this paragraph, the term ‘‘classified 

24 information’’ means any information or mate25 rial that has been determined by the Federal 


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1 Government pursuant to an Executive order, 

2 statute, or regulation, to require protection 

3 against unauthorized disclosure for reasons of 

4 national security and any restricted data, as de5 fined in section 11 y. of the Atomic Energy Act 

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

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

8 (1) VOLUNTARY PROVISION OF INFORMA9 TION.—A State or local government may provide to 

10 the Assistant Secretary for inclusion in the inventory 

11 established under subsection (a), in a manner and 

12 format to be determined by the Assistant Secretary, 

13 information with respect to a State or local asset 

14 that would be a covered asset if owned, leased, or 

15 otherwise managed by an Executive agency. 

16 (2) INCLUSION OF INFORMATION.—The Assist17 ant Secretary shall include in such inventory any in18 formation provided by a State or local government 

19 in accordance with paragraph (1) in the same man20 ner as information provided by an Executive agency 

21 under subsection (b). 

22 (3) PROVISION OF UPDATED INFORMATION.—In 

23 the case of a change in any of the information pro24 vided to the Assistant Secretary under paragraph 

25 (1) with respect to a State or local asset, the State 


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1 or local government shall provide updated informa2 tion to the Assistant Secretary not later than 30 

3 days after such change. If a State or local govern4 ment does not comply with the preceding sentence, 

5 the Assistant Secretary shall deny the State or local 

6 government access to the inventory established 

7 under subsection (a). 

8 (d) UPDATING OF INVENTORY.—After the establish9 ment of the inventory under subsection (a), the Assistant 

10 Secretary shall include in the inventory information pro11 vided under subsection (b) or (c) not later than the date 

12 that is 7 days after the Assistant Secretary receives such 

13 information. The information with respect to each covered 

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

15 the most recent date on which such information was added 

16 or updated. 

17 (e) FORMAT OF LOCATION INFORMATION.—The in18 formation in the inventory established under subsection 

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

20 asset shall be in Geographic Information System format 

21 or another format that the Assistant Secretary considers 

22 appropriate. 

23 (f) INFORMATION SECURITY.—The Assistant Sec24 retary shall adopt measures to prevent unauthorized acVerDate Sep 11 2014 22:46 Jan 20, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4839.IH H4839

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1 cess to the information in the inventory established under 

2 subsection (a). 

3 (g) DEFINITIONS.—In this section: 

4 (1) ASSISTANT SECRETARY.—The term ‘‘Assist5 ant Secretary’’ means the Assistant Secretary of 

6 Commerce for Communications and Information. 

7 (2) COMMUNICATIONS FACILITY.—The term 

8 ‘‘communications facility’’ includes— 

9 (A) any wireless or wireline infrastructure 

10 for the transmission of writing, signs, signals, 

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

12 (B) any transmitting device, tower, or sup13 port structure, and any equipment, switches, 

14 wiring, cabling, power sources, shelters, or cabi15 nets, associated with the provision of commu16 nications services; and 

17 (C) any antenna or apparatus that— 

18 (i) is designed for the purpose of 

19 emitting radio frequency; 

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

21 operating, from a fixed location pursuant 

22 to authorization by the Federal Commu23 nications Commission; and 

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

25 other structure. 


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1 (3) COMMUNICATIONS SERVICE.—The term 

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

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

4 pictures, or sounds of all kinds. 

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

6 asset’’ means, with respect to an Executive agency— 

7 (A) any real property or interest in real 

8 property that is owned, leased, or otherwise 

9 managed by such agency; and 

10 (B) any other property that is owned, 

11 leased, or otherwise managed by such agency— 

12 (i) on which a communications facility 

13 could be constructed; or 

14 (ii) that could otherwise be made 

15 available to an entity that— 

16 (I) constructs or operates com17 munications facilities for use in con18 nection with such construction or op19 eration; or 

20 (II) provides communications 

21 service for use in connection with such 

22 provision. 


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1 (5) EXECUTIVE AGENCY.—The term ‘‘Executive 

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

3 105 of title 5, United States Code. 

Æ 


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