Moving FIRST Act

II 117TH CONGRESS 1ST SESSION S. 652 To direct the Secretary of Transportation to establish the Strengthening Mobility and Revolutionizing Transportation (SMART) Challenge Grant Program to promote technological innovation in our Nation’s commu- nities. IN THE SENATE OF THE UNITED STATES MARCH 9, 2021 Ms. CORTEZ MASTO (for herself, Mr. BURR, Ms. SINEMA, and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish the Strengthening Mobility and Revolutionizing Transpor- tation (SMART) Challenge Grant Program to promote technological innovation in our Nation’s communities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Moving and Fostering 4 Innovation to Revolutionize Smarter Transportation Act’’ 5 or the ‘‘Moving FIRST Act’’. 6 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 2 •S 652 IS SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Beyond Traffic 2045, a comprehensive as- 3 sessment of the national transportation system re- 4 cently published by the Department of Transpor- 5 tation, identified transportation trends that need to 6 be proactively addressed, including— 7 (A) the population of the United States 8 will increase by 70,000,000 during the 30-year 9 period ending in 2045; 10 (B) emerging megaregions could absorb 75 11 percent of the United States population by 12 2050; 13 (C) freight volume will increase by more 14 than 40 percent by 2045; 15 (D) Americans are currently stuck in traf- 16 fic for more than 42 hours each year, on aver- 17 age; 18 (E) the current annual cost of congestion 19 in delays and lost fuel amounts is estimated to 20 be $160,000,000,000; 21 (F) 96 people die in motor vehicle crashes 22 in the United States every day, on average, and 23 nearly 6,700 are injured per day; and 24 (G) connected vehicles and new crash 25 avoidance technology could potentially address 26 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 3 •S 652 IS 81 percent of crashes involving unimpaired 1 drivers. 2 (2) In 2015, the Secretary of Transportation 3 created the Smart City Challenge to assist cities in 4 addressing the challenges facing our Nation’s trans- 5 portation system through innovative and creative 6 means, utilizing both the public and the private sec- 7 tors. 8 (3) By asking American cities to use emerging 9 transportation technologies to address their most 10 pressing problems, the Smart City Challenge aimed 11 to spark and spread innovation through a mixture of 12 collaboration, competition, and experimentation. 13 (4) The following outcomes were expected from 14 the original Smart City Challenge and are expected 15 to result from the SMART grants awarded under 16 this Act: 17 (A) Improved safety from the use of ad- 18 vanced technologies, including connected vehicle 19 technologies, to reduce the number of collisions, 20 fatalities, and injuries for vehicle occupants and 21 nonvehicle occupants. 22 (B) Enhanced mobility by providing 23 realtime traveler information and emerging mo- 24 bility services to improve personal mobility for 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 4 •S 652 IS all citizens including people with lower incomes, 1 people with disabilities, and older adults. 2 (C) Enhanced ladders of opportunity by— 3 (i) providing access to advanced tech- 4 nology and its benefits for underserved 5 areas and residents; 6 (ii) increasing connectivity to employ- 7 ment, education, and other services; and 8 (iii) contributing to revitalization by 9 incentivized reinvestment in underserved 10 communities. 11 (D) Reduction in pollution by imple- 12 menting advanced technologies and policies that 13 support a more sustainable and cost-effective 14 relationship between transportation and the en- 15 vironment through more efficient fuel use and 16 emissions reductions. 17 SEC. 3. DEFINITIONS. 18 In this Act: 19 (1) LARGE COMMUNITY.—The term ‘‘large com- 20 munity’’ means an applicant community with a pop- 21 ulation between 400,000 and 1,000,000, according 22 to the Census Bureau’s most recent annual esti- 23 mates of resident population. 24 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 5 •S 652 IS (2) MID-SIZED COMMUNITY.—The term ‘‘mid- 1 sized community’’ means an applicant community 2 with a population between 75,000 and 400,000, or 3 an applicant community with a population between 4 10,000 and 75,000 that is located within an urban- 5 ized area or cluster, according to the Census Bu- 6 reau’s most recent annual estimates of resident pop- 7 ulation. 8 (3) MULTI-JURISDICTIONAL GROUP.—The term 9 ‘‘multi-jurisdictional group’’ means an applicant 10 composed of 2 or more combination of States, tribal 11 governments, local governments, public transit agen- 12 cies, public toll authorities, or metropolitan planning 13 organizations (as defined in section 134(b) of title 14 23, United States Code), each of which is eligible to 15 apply for a SMART grant under section 4. 16 (4) REGIONAL PARTNERSHIP.—The term ‘‘re- 17 gional partnership’’ means a group of 2 or more ju- 18 risdictions with a combined population between 19 10,000 and 75,000, according to the Census Bu- 20 reau’s most recent annual estimates of resident pop- 21 ulation, which have entered into a partnership to 22 apply for a SMART grant under section 4. 23 (5) RURAL COMMUNITY.—The term ‘‘rural 24 community’’ means an applicant community with a 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 6 •S 652 IS population between 10,000 and 75,000 people that 1 is not located within an urbanized area or cluster, 2 according to the Census Bureau’s most recent an- 3 nual estimates of resident population. 4 (6) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Transportation. 6 (7) STRENGTHENING MOBILITY AND REVOLU- 7 TIONIZING TRANSPORTATION GRANT; SMART 8 GRANT.—The terms ‘‘Strengthening Mobility and 9 Revolutionizing Transportation grant’’ and 10 ‘‘SMART grant’’ means a grant awarded to an eligi- 11 ble applicant under section 4. 12 SEC. 4. SMART GRANT PROGRAM. 13 (a) GRANTS AUTHORIZED.—During each of the fiscal 14 years 2022 through 2026, the Secretary is authorized to 15 award— 16 (1) 1 SMART grant of not less than 17 $30,000,000 or more than $50,000,000 to an appli- 18 cant on behalf of a large community to carry out an 19 eligible project; 20 (2) 1 SMART grant of not less than 21 $30,000,000 or more than $50,000,000 to an appli- 22 cant on behalf of a mid-sized community to carry 23 out an eligible project; and 24 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 7 •S 652 IS (3) 2 SMART grants, totaling not more than 1 the greater of $20,000,000 or 20 percent of the 2 amount appropriated pursuant to section 6(a) for 3 the fiscal year, to applicants on behalf of rural com- 4 munities or regional partnerships to carry out eligi- 5 ble projects. 6 (b) ELIGIBLE APPLICANTS.—The following entities 7 are eligible to receive a grant under this section: 8 (1) A unit of local government, including coun- 9 ties. 10 (2) A tribal government. 11 (3) A public transit agency or authority. 12 (4) A public toll authority. 13 (5) A metropolitan planning organization. 14 (6) A multi-jurisdictional group applying 15 through a single lead applicant. 16 (c) APPLICATION PROCESS.— 17 (1) IN GENERAL.—An eligible applicant may 18 apply for a grant under this section by submitting 19 an application to the Secretary at such time, in such 20 manner, and containing such information as the Sec- 21 retary may reasonably require to evaluate the merits 22 of the proposed project in accordance with the selec- 23 tion criteria set forth in subsection (d). 24 (2) TECHNICAL ASSISTANCE.— 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 8 •S 652 IS (A) STATE DEPARTMENTS OF TRANSPOR- 1 TATION.—Eligible rural and regional partner- 2 ship applicants are strongly encouraged to seek 3 technical assistance from the department of 4 transportation in their respective States during 5 the application process and during the imple- 6 mentation of a project that is awarded a 7 SMART grant, as applicable. 8 (B) FEDERAL DEPARTMENT OF TRANS- 9 PORTATION.—The Secretary, after reviewing all 10 of the applications for SMART grants sub- 11 mitted in a fiscal year under paragraphs (1), 12 (2), and (3) of subsection (a), shall— 13 (i) provide not fewer than 2 applicants 14 from each of the 3 groups of applicants 15 that submitted applications deemed supe- 16 rior by the Secretary with limited technical 17 assistance to improve their respective ap- 18 plications; and 19 (ii) allow such applicants to resubmit 20 their improved applications before deter- 21 mining which applicants will receive a 22 SMART grant in such fiscal year. 23 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 9 •S 652 IS (3) MULTIPLE GRANTS.—An eligible applicant 1 may not be awarded more than 1 SMART grant 2 during the duration of the SMART Grant Program. 3 (d) SELECTION CRITERIA.— 4 (1) IN GENERAL.—A panel of experts from the 5 Department of Transportation, including representa- 6 tives from the applicable subagencies within the De- 7 partment and representatives from any of the Na- 8 tional Institute of Standards and Technology’s 9 Smart Cities and Communities Projects, shall evalu- 10 ate applications for SMART grants based on the ap- 11 plicable criteria described in paragraphs (2) and (3). 12 (2) APPLICANT READINESS.—The panel re- 13 ferred to in paragraph (1) shall determine the extent 14 to which the applicant or applicant community— 15 (A) has a dense urban population typical 16 for a large or mid-sized American city (except 17 for grants described in subsection (a)(3)); 18 (B) represents more than 15 percent of the 19 population of the census-designated place in 20 which it is located, according to the Census Bu- 21 reau’s most recent annual estimates of resident 22 population; 23 (C) has a public transportation system or 24 other transit options committed to integrating 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 10 •S 652 IS with the sharing economy, and is considering 1 options to reduce the frequency of single occu- 2 pancy vehicles; 3 (D) has an environment that is conducive 4 to demonstrating proposed strategies; 5 (E) has continuity of committed leadership 6 and capacity to carry out the proposed project; 7 (F) is committed to making open, ma- 8 chine-readable data accessible, discoverable, and 9 usable by the public, in a secure fashion, to fuel 10 entrepreneurship and innovation; and 11 (G) is likely to successfully implement the 12 project, including technical and financial com- 13 mitments from public and private sectors, and 14 its functional capability to perform. 15 (3) EFFECTIVE USE OF TECHNOLOGY AND 16 PROJECT BENEFITS.—The panel shall determine the 17 extent to which the proposed project will use ad- 18 vanced data and intelligent transportation systems 19 technologies and applications to provide significant 20 benefits to a local area, a State, a region, or the 21 United States, including the extent to which the 22 project will— 23 (A) reduce congestion and delays for com- 24 merce and the traveling public; 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 11 •S 652 IS (B) improve the safety of transportation 1 facilities and systems for pedestrians, bicyclists, 2 and the broader traveling public; 3 (C) provide access to jobs, education, and 4 essential services, including health care and 5 educational and training opportunities; 6 (D) connect underserved populations and 7 reduce their transportation costs; 8 (E) contribute to medium- and long-term 9 economic competitiveness; 10 (F) improve the condition, reliability, and 11 user experience of existing transportation facili- 12 ties and systems; 13 (G) promote connectivity between con- 14 nected vehicles, roadway infrastructure, pedes- 15 trians, bicyclists, the public, and transportation 16 systems; 17 (H) use innovative strategies or tech- 18 nologies to pursue any of the primary selection 19 criteria; 20 (I) demonstrate strong collaboration 21 among a broad range of participants, including 22 the private sector, job centers, or the integra- 23 tion of transportation with other public service 24 efforts, including working with existing mobile 25 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 12 •S 652 IS and fixed telecommunication service provides 1 whenever possible; 2 (J) improve the overall environment, in- 3 cluding through improved energy efficiency, re- 4 duced dependence on oil, or reduced pollution; 5 (K) promote or improve positive public 6 health outcomes for a community; 7 (L) increase resiliency of the transpor- 8 tation system; 9 (M) incorporate relevant security solutions, 10 including those needed for cybersecurity, and 11 address emergency situations based on the 12 scope and necessity; 13 (N) include sufficient technical, physical, 14 and administrative measures to ensure security 15 of information and protection of individuals’ 16 privacy; and 17 (O) address issues identified by the De- 18 partment of Transportation in the Beyond 19 Traffic 2045 report. 20 (e) USE OF GRANT FUNDS.— 21 (1) VISION ELEMENTS.—A SMART grant may 22 be used for a project that demonstrates a sound, in- 23 novative, integrated, and holistic approach and in- 24 VerDate Sep 11 2014 22:00 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S652.IS S652 13 •S 652 IS corporates many aspects of the applicable vision ele- 1 ments set forth in this paragraph. 2 (A) COORDINATED AUTOMATION.—The use 3 of automated transportation and autonomous 4 vehicles, which offer tremendous possibilities for 5 enhancing safety, mobility, accessibility, equity, 6 and the environment, while working to minimize 7 the impact on the accessibility of any other user 8 group or mode of travel. 9 (B) CONNECTED VEHICLES.—Connect [Text truncated for display. 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