Moving FIRST Act

I 117TH CONGRESS 1ST SESSION H. R. 1736 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 HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mr. DESAULNIER introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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 TITLES. 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 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1736 IH (1) Beyond Traffic 2045, a comprehensive as- 1 sessment of the national transportation system re- 2 cently published by the Department of Transpor- 3 tation, identified transportation trends that need to 4 be proactively addressed, including— 5 (A) the population of the United States 6 will increase by 70,000,000 during the 30-year 7 period ending in 2045; 8 (B) emerging megaregions could absorb 75 9 percent of the United States population by 10 2050; 11 (C) freight volume will increase by more 12 than 40 percent by 2045; 13 (D) Americans are currently stuck in traf- 14 fic for more than 42 hours each year, on aver- 15 age; 16 (E) the current annual cost of congestion 17 in delays and lost fuel amounts to 18 $160,000,000,000; 19 (F) 96 people die in motor vehicle crashes 20 in the United States every day, on average, and 21 nearly 6,700 are injured per day; and 22 (G) connected vehicles and new crash 23 avoidance technology could potentially address 24 VerDate Sep 11 2014 22:36 May 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1736 IH 81 percent of crashes involving unimpaired 1 drivers. 2 (2) According to the Department of Transpor- 3 tation, in 2015— 4 (A) traffic crash-related deaths increased 5 by more than 7 percent compared to 2014; 6 (B) pedestrian fatalities increased by more 7 than 9 percent compared to 2014; and 8 (C) pedalcyclist fatalities increased by 9 more than 12 percent compared to 2014. 10 (3) In 2015, the Secretary of Transportation 11 created the Smart City Challenge to assist cities in 12 addressing the challenges facing our Nation’s trans- 13 portation system through innovative and creative 14 means, utilizing both the public and the private sec- 15 tors. 16 (4) By asking American cities to use emerging 17 transportation technologies to address their most 18 pressing problems, the Smart City Challenge aimed 19 to spark and spread innovation through a mixture of 20 collaboration, competition, and experimentation. 21 (5) The following outcomes were expected from 22 the original Smart City Challenge and are expected 23 to result from the SMART grants awarded under 24 this Act: 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1736 IH (A) Improved safety from the use of ad- 1 vanced technologies, including connected vehicle 2 technologies, to reduce the number of collisions, 3 fatalities, and injuries for vehicle occupants and 4 nonvehicle occupants. 5 (B) Enhanced mobility by providing 6 realtime traveler information and emerging mo- 7 bility services to improve personal mobility for 8 all citizens including people with lower incomes, 9 people with disabilities, and older adults. 10 (C) Enhanced ladders of opportunity by— 11 (i) providing access to advanced tech- 12 nology and its benefits for underserved 13 areas and residents; 14 (ii) increasing connectivity to employ- 15 ment, education, and other services; and 16 (iii) contributing to revitalization by 17 incentivized reinvestment in underserved 18 communities. 19 (D) Reduction in pollution by imple- 20 menting advanced technologies and policies that 21 support a more sustainable and cost-effective 22 relationship between transportation and the en- 23 vironment through more efficient fuel use and 24 emissions reductions. 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1736 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) LARGE COMMUNITY.—The term ‘‘large com- 3 munity’’ means an applicant community with a pop- 4 ulation between 400,000 and 1,000,000, according 5 to the Census Bureau’s most recent annual esti- 6 mates of resident population. 7 (2) MID-SIZED COMMUNITY.—The term ‘‘mid- 8 sized community’’ means an applicant community 9 with a population between 75,000 and 400,000, or 10 an applicant community with a population between 11 10,000 and 75,000 that is located within an urban- 12 ized area or cluster, according to the Census Bu- 13 reau’s most recent annual estimates of resident pop- 14 ulation. 15 (3) MULTI-JURISDICTIONAL GROUP.—The term 16 ‘‘multi-jurisdictional group’’ means an applicant 17 composed of 2 or more combination of States, tribal 18 governments, local governments, public transit agen- 19 cies, public toll authorities, or metropolitan planning 20 organizations (as defined in section 134(b) of title 21 23, United States Code), each of which is eligible to 22 apply for a SMART grant under section 4. 23 (4) REGIONAL PARTNERSHIP.—The term ‘‘re- 24 gional partnership’’ means a group of 2 or more ju- 25 risdictions with a combined population between 26 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1736 IH 10,000 and 75,000, according to the Census Bu- 1 reau’s most recent annual estimates of resident pop- 2 ulation, which have entered into a partnership to 3 apply for a SMART grant under section 4. 4 (5) RURAL COMMUNITY.—The term ‘‘rural 5 community’’ means an applicant community with a 6 population between 10,000 and 75,000 people that 7 is not located within an urbanized area or cluster, 8 according to the Census Bureau’s most recent an- 9 nual estimates of resident population. 10 (6) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Transportation. 12 (7) STRENGTHENING MOBILITY AND REVOLU- 13 TIONIZING TRANSPORTATION GRANT; SMART 14 GRANT.—The terms ‘‘Strengthening Mobility and 15 Revolutionizing Transportation grant’’ and 16 ‘‘SMART grant’’ means a grant awarded to an eligi- 17 ble applicant under section 4. 18 SEC. 4. SMART GRANT PROGRAM. 19 (a) GRANTS AUTHORIZED.—During each of the fiscal 20 years 2020 through 2024, the Secretary is authorized to 21 award— 22 (1) 1 SMART grant of not less than 23 $30,000,000 or more than $50,000,000 to an appli- 24 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1736 IH cant on behalf of a large community to carry out an 1 eligible project; 2 (2) 1 SMART grant of not less than 3 $30,000,000 or more than $50,000,000 to an appli- 4 cant on behalf of a mid-sized community to carry 5 out an eligible project; and 6 (3) 2 SMART grants, totaling not more than 7 the greater of $20,000,000 or 20 percent of the 8 amount appropriated pursuant to section 6(a) for 9 the fiscal year, to applicants on behalf of rural com- 10 munities or regional partnerships to carry out eligi- 11 ble projects. 12 (b) ELIGIBLE APPLICANTS.—The following entities 13 are eligible to receive a grant under this section: 14 (1) A unit of local government, including coun- 15 ties. 16 (2) A tribal government. 17 (3) A public transit agency or authority. 18 (4) A public toll authority. 19 (5) A metropolitan planning organization. 20 (6) A multi-jurisdictional group applying 21 through a single lead applicant. 22 (c) APPLICATION PROCESS.— 23 (1) IN GENERAL.—An eligible applicant may 24 apply for a grant under this section by submitting 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1736 IH an application to the Secretary at such time, in such 1 manner, and containing such information as the Sec- 2 retary may reasonably require to evaluate the merits 3 of the proposed project in accordance with the selec- 4 tion criteria set forth in subsection (d). 5 (2) TECHNICAL ASSISTANCE.— 6 (A) STATE DEPARTMENTS OF TRANSPOR- 7 TATION.—Eligible rural and regional partner- 8 ship applicants are strongly encouraged to seek 9 technical assistance from the department of 10 transportation in their respective States during 11 the application process and during the imple- 12 mentation of a project that is awarded a 13 SMART grant, as applicable. 14 (B) FEDERAL DEPARTMENT OF TRANS- 15 PORTATION.—The Secretary, after reviewing all 16 of the applications for SMART grants sub- 17 mitted in a fiscal year under paragraphs (1), 18 (2), and (3) of subsection (a), shall— 19 (i) provide not fewer than 2 applicants 20 from each of the 3 groups of applicants 21 that submitted applications deemed supe- 22 rior by the Secretary with limited technical 23 assistance to improve their respective ap- 24 plications; and 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1736 IH (ii) allow such applicants to resubmit 1 their improved applications before deter- 2 mining which applicants will receive a 3 SMART grant in such fiscal year. 4 (3) MULTIPLE GRANTS.—An eligible applicant 5 may not be awarded more than 1 SMART grant 6 during the duration of the SMART Grant Program. 7 (d) SELECTION CRITERIA.— 8 (1) IN GENERAL.—A panel of experts from the 9 Department of Transportation, including representa- 10 tives from the applicable subagencies within the De- 11 partment and representatives from any of the Na- 12 tional Institute of Standards and Technology’s 13 Smart Cities and Communities Projects, shall evalu- 14 ate applications for SMART grants based on the ap- 15 plicable criteria described in paragraphs (2) and (3). 16 (2) APPLICANT READINESS.—The panel re- 17 ferred to in paragraph (1) shall determine the extent 18 to which the applicant or applicant community— 19 (A) has a dense urban population typical 20 for a large or mid-sized American city (except 21 for grants described in subsection (a)(3)); 22 (B) represents more than 15 percent of the 23 population of the census-designated place in 24 which it is located, according to the Census Bu- 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1736 IH reau’s most recent annual estimates of resident 1 population; 2 (C) has a public transportation system or 3 other transit options committed to integrating 4 with the sharing economy, and is considering 5 options to reduce the frequency of single occu- 6 pancy vehicles; 7 (D) has an environment that is conducive 8 to demonstrating proposed strategies; 9 (E) has continuity of committed leadership 10 and capacity to carry out the proposed project; 11 (F) is committed to making open, ma- 12 chine-readable data accessible, discoverable, and 13 usable by the public, in a secure fashion, to fuel 14 entrepreneurship and innovation; and 15 (G) is likely to successfully implement the 16 project, including technical and financial com- 17 mitments from public and private sectors, and 18 its functional capability to perform. 19 (3) EFFECTIVE USE OF TECHNOLOGY AND 20 PROJECT BENEFITS.—The panel shall determine the 21 extent to which the proposed project will use ad- 22 vanced data and intelligent transportation systems 23 technologies and applications to provide significant 24 benefits to a local area, a State, a region, or the 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1736 IH United States, including the extent to which the 1 project will— 2 (A) reduce congestion and delays for com- 3 merce and the traveling public; 4 (B) improve the safety of transportation 5 facilities and systems for pedestrians, bicyclists, 6 and the broader traveling public; 7 (C) provide access to jobs, education, and 8 essential services, including health care; 9 (D) connect underserved populations and 10 reduce their transportation costs; 11 (E) contribute to medium- and long-term 12 economic competitiveness; 13 (F) improve the condition, reliability, and 14 user experience of existing transportation facili- 15 ties and systems; 16 (G) promote connectivity between con- 17 nected vehicles, roadway infrastructure, pedes- 18 trians, bicyclists, the public, and transportation 19 systems; 20 (H) use innovative strategies or tech- 21 nologies to pursue any of the primary selection 22 criteria; 23 (I) demonstrate strong collaboration 24 among a broad range of participants, including 25 VerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1736.IH H1736 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1736 IH the private sector, job centers, or the integra- 1 tion of transportation with other public service 2 efforts, including working with existing mobile 3 and fixed telecommunication service provides 4 whenever possible; 5 (J) improve the overall environment, in- 6 cluding through improved energy efficiency, re- 7 duced dependence on oil, or reduced pollution; 8 (K) promote or improve positive public 9 health outcomes for a community; 10 (L) increase resiliency of the transpor- 11 tation system; 12 (M) incorporate relevant security solutions 13 and address emergency situations based on the 14 scope and necessity; 15 (N) includes sufficient technical, physical, 16 and administrative measures to ensure security 17 of information and protection of individuals’ 18 privacy; and 19 (O) address issues identified by the De- 20 partment of Transportation in the Beyond 21 Traffic 2045 report. 22 (e) USE OF GRANT FUNDS.— 23 (1) VISION ELEMENTS.—A SMART grant may 24 be used for a project that demonstrates a sound, in- 25 VerDate [Text truncated for display. 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