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H.R. 4798: Inventory of Assets for Communications Facilities Act of 2018

The text of the bill below is as of Jan 16, 2018 (Introduced).


I

115th CONGRESS

2d Session

H. R. 4798

IN THE HOUSE OF REPRESENTATIVES

January 16, 2018

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.

Short title

This Act may be cited as the Inventory of Assets for Communications Facilities Act of 2018.

2.

Inventory of Federal assets

(a)

In general

Not later than 1 year after the date of the enactment of this Act—

(1)

the Administrator of General Services, in coordination with the Assistant Secretary of Commerce for Communications and Information, shall ensure that the database established under section 5(c) of Executive Order 13327 (69 Fed. Reg. 5895) includes an inventory of covered assets, which shall include the information provided under subsections (b) and (c);

(2)

the Administrator shall make such inventory available to the Assistant Secretary for purposes of paragraph (3); and

(3)

the Assistant Secretary shall 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 Administrator, in a manner and format to be determined by the Administrator, 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 Administrator 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 Administrator under paragraph (1) with respect to a covered asset of an Executive agency, the head of such agency shall provide updated information to the Administrator 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 Administrator 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 Administrator under this subsection.

(B)

Other information

If the head of an Executive agency determines, in consultation with the Administrator, 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 Administrator 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 Administrator for inclusion in the inventory established under subsection (a), in a manner and format to be determined by the Administrator, information with respect to a State or local asset that would be a covered asset if under the custody and control of an Executive agency.

(2)

Inclusion of information

The Administrator 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 Administrator under paragraph (1) with respect to a State or local asset, the State or local government shall provide updated information to the Administrator not later than 30 days after such change. If a State or local government does not comply with the preceding sentence, the Administrator 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 Administrator shall include in the inventory information provided under subsection (b) or (c) not later than the date that is 7 days after the Administrator 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 Administrator considers appropriate.

(f)

Information security

The Administrator shall adopt measures to prevent unauthorized access to the information in the inventory established under subsection (a).

(g)

Definitions

In this section:

(1)

Administrator

The term Administrator means the Administrator of General Services.

(2)

Assistant Secretary

The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.

(3)

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; and

(iii)

is added to a tower, building, or other structure.

(4)

Communications service

The term communications service means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds.

(5)

Covered asset

The term covered asset means, with respect to an agency, any Federal real property (as defined in section 2(a) of Executive Order 13327 (69 Fed. Reg. 5895)) under the custody and control of such agency—

(A)
(i)

on which a broadband communications facility could be constructed; or

(ii)

that could otherwise be made available to an entity that—

(I)

constructs or operates broadband communications facilities for use in connection with such construction or operation; or

(II)

provides broadband communications service for use in connection with such provision; and

(B)

that is suitable for the deployment, or use in connection with the deployment, of broad­band communications facilities or broad­band communications services.

(6)

Executive agency

The term Executive agency has the meaning given such term in section 105 of title 5, United States Code.