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 con-
cerned 
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 commu-
nications service. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Infrastruc-
ture Inventory Act of 2018’’. 
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SEC. 2. INVENTORY OF FEDERAL ASSETS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Assistant Secretary 
shall— 
(1) establish and maintain an inventory of cov-
ered assets that includes the information provided 
under subsections (b) and (c); and 
(2) make such inventory available to any entity 
that constructs or operates communications facilities 
or provides communications service. 
(b) PROVISION
OF INFORMATION
BY EXECUTIVE 
AGENCIES.— 
(1) IN
GENERAL.—Not later than 9 months 
after the date of the enactment of this Act, the head 
of an Executive agency shall provide to the Assistant 
Secretary, in a manner and format to be determined 
by the Assistant Secretary, the information de-
scribed in paragraph (2) with respect to a covered 
asset of such agency. 
(2) INFORMATION
DESCRIBED.—The informa-
tion described in this paragraph is— 
(A) the location of the covered asset; 
(B) the type of the covered asset, such as 
whether the asset is a building (and the type of 
building), land (and the type or use of the 
land), right-of-way, easement, utility pole, wire-
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less communications tower, underground utility 
route, or cable on which capacity is available for 
lease; 
(C) contact information for an officer or 
employee of the agency who may be contacted 
for permitting or other information about the 
covered asset; 
(D) whether the covered asset is historic 
property (as defined in section 300308 of title 
54, United States Code); and 
(E) such other information as the Assist-
ant Secretary considers appropriate. 
(3) PROVISION OF UPDATED INFORMATION.— 
(A) CHANGE
IN
INFORMATION.—In the 
case of a change in any of the information pro-
vided to the Assistant Secretary under para-
graph (1) with respect to a covered asset of an 
Executive agency, the head of such agency shall 
provide updated information to the Assistant 
Secretary not later than 30 days after such 
change. 
(B) 
ACQUISITION
OF
NEW
COVERED 
ASSET.—In the case of the acquisition of a cov-
ered asset by an Executive agency after the 
date that is 9 months after the date of the en-
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actment of this Act, the head of such agency 
shall provide to the Assistant Secretary the in-
formation required by paragraph (1) with re-
spect to such asset not later than 30 days after 
such acquisition. 
(4) EXCLUSION
OF
INFORMATION
FOR
NA-
TIONAL SECURITY REASONS.— 
(A) CLASSIFIED INFORMATION.—The head 
of an Executive agency may exclude classified 
information from the information provided to 
the Assistant Secretary under this subsection. 
(B) OTHER INFORMATION.—If the head of 
an Executive agency determines, in consultation 
with the Assistant Secretary, that inclusion of 
information (other than classified information) 
about a covered asset of such agency in the in-
ventory established under subsection (a) would 
harm national security, the head of the agency 
may exclude such information from the infor-
mation provided to the Assistant Secretary 
under this subsection. 
(C) 
CLASSIFIED
INFORMATION
DE-
FINED.—In this paragraph, the term ‘‘classified 
information’’ means any information or mate-
rial that has been determined by the Federal 
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Government pursuant to an Executive order, 
statute, or regulation, to require protection 
against unauthorized disclosure for reasons of 
national security and any restricted data, as de-
fined in section 11 y. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014(y)). 
(c) INFORMATION ON STATE AND LOCAL ASSETS.— 
(1) VOLUNTARY
PROVISION
OF
INFORMA-
TION.—A State or local government may provide to 
the Assistant Secretary for inclusion in the inventory 
established under subsection (a), in a manner and 
format to be determined by the Assistant Secretary, 
information with respect to a State or local asset 
that would be a covered asset if owned, leased, or 
otherwise managed by an Executive agency. 
(2) INCLUSION OF INFORMATION.—The Assist-
ant Secretary shall include in such inventory any in-
formation provided by a State or local government 
in accordance with paragraph (1) in the same man-
ner as information provided by an Executive agency 
under subsection (b). 
(3) PROVISION OF UPDATED INFORMATION.—In 
the case of a change in any of the information pro-
vided to the Assistant Secretary under paragraph 
(1) with respect to a State or local asset, the State 
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or local government shall provide updated informa-
tion to the Assistant Secretary not later than 30 
days after such change. If a State or local govern-
ment does not comply with the preceding sentence, 
the Assistant Secretary shall deny the State or local 
government access to the inventory established 
under subsection (a). 
(d) UPDATING OF INVENTORY.—After the establish-
ment of the inventory under subsection (a), the Assistant 
Secretary shall include in the inventory information pro-
vided under subsection (b) or (c) not later than the date 
that is 7 days after the Assistant Secretary receives such 
information. The information with respect to each covered 
asset or State or local asset in the inventory shall include 
the most recent date on which such information was added 
or updated. 
(e) FORMAT OF LOCATION INFORMATION.—The in-
formation in the inventory established under subsection 
(a) about the location of a covered asset or State or local 
asset shall be in Geographic Information System format 
or another format that the Assistant Secretary considers 
appropriate. 
(f) INFORMATION SECURITY.—The Assistant Sec-
retary shall adopt measures to prevent unauthorized ac-
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cess to the information in the inventory established under 
subsection (a). 
(g) DEFINITIONS.—In this section: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(2) COMMUNICATIONS
FACILITY.—The term 
‘‘communications facility’’ includes— 
(A) any wireless or wireline infrastructure 
for the transmission of writing, signs, signals, 
data, images, pictures, or sounds of all kinds; 
(B) any transmitting device, tower, or sup-
port structure, and any equipment, switches, 
wiring, cabling, power sources, shelters, or cabi-
nets, associated with the provision of commu-
nications services; and 
(C) any antenna or apparatus that— 
(i) is designed for the purpose of 
emitting radio frequency; 
(ii) is designed to be operated, or is 
operating, from a fixed location pursuant 
to authorization by the Federal Commu-
nications Commission; and 
(iii) is added to a tower, building, or 
other structure. 
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(3) COMMUNICATIONS
SERVICE.—The term 
‘‘communications service’’ means a service for the 
transmission of writing, signs, signals, data, images, 
pictures, or sounds of all kinds. 
(4) COVERED
ASSET.—The term ‘‘covered 
asset’’ means, with respect to an Executive agency— 
(A) any real property or interest in real 
property that is owned, leased, or otherwise 
managed by such agency; and 
(B) any other property that is owned, 
leased, or otherwise managed by such agency— 
(i) on which a communications facility 
could be constructed; or 
(ii) that could otherwise be made 
available to an entity that— 
(I) constructs or operates com-
munications facilities for use in con-
nection with such construction or op-
eration; or 
(II) 
provides 
communications 
service for use in connection with such 
provision. 
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(5) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given such term in section 
105 of title 5, United States Code. 
Æ 
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