[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4839 Introduced in House (IH)]

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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 Lujan 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Infrastructure Inventory 
Act of 2018''.

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 covered 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 described in paragraph (2) with respect to a 
        covered asset of such agency.
            (2) Information described.--The information 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, wireless 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 Assistant 
                Secretary considers appropriate.
            (3) Provision of updated information.--
                    (A) Change in information.--In the case of a change 
                in any of the information provided to the Assistant 
                Secretary under paragraph (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 covered asset by an Executive 
                agency after the date that is 9 months after the date 
                of the enactment of this Act, the head of such agency 
                shall provide to the Assistant Secretary the 
                information required by paragraph (1) with respect to 
                such asset not later than 30 days after such 
                acquisition.
            (4) Exclusion of information for national 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 inventory established under subsection 
                (a) would harm national security, the head of the 
                agency may exclude such information from the 
                information provided to the Assistant Secretary under 
                this subsection.
                    (C) Classified information defined.--In this 
                paragraph, the term ``classified information'' means 
                any information or material that has been determined by 
                the Federal 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 defined 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 information.--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 Assistant Secretary 
        shall include in such inventory any information provided by a 
        State or local government in accordance with paragraph (1) in 
        the same manner 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 provided to the Assistant 
        Secretary under paragraph (1) with respect to a State or local 
        asset, the State or local government shall provide updated 
        information to the Assistant Secretary not later than 30 days 
        after such change. If a State or local government 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 establishment of the 
inventory under subsection (a), the Assistant Secretary shall include 
in the inventory information provided 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 information 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 Secretary shall adopt 
measures to prevent unauthorized access to the information in the 
inventory established under subsection (a).
    (g) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant 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 support 
                structure, and any equipment, switches, wiring, 
                cabling, power sources, shelters, or cabinets, 
                associated with the provision of communications 
                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 Communications 
                        Commission; and
                            (iii) is added to a tower, building, or 
                        other structure.
            (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 
                                communications facilities for use in 
                                connection with such construction or 
                                operation; or
                                    (II) provides communications 
                                service for use in connection with such 
                                provision.
            (5) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code.
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