Smart Cities and Communities Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3386 To promote the use of smart technologies and systems in communities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Ms. DELBENE (for herself and Ms. CLARKE of New York) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committees on Science, Space, and Tech- nology, Education and Labor, and Foreign Affairs, 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 promote the use of smart technologies and systems in communities, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Smart Cities and Communities Act of 2021’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Purpose. VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3386 IH Sec. 3. Definitions. TITLE I—ENHANCING FEDERAL COORDINATION AND INVESTMENT IN SMART CITY OR COMMUNITY PROGRAMS Sec. 101. Coordination of activities among Federal agencies. Sec. 102. Smart city and community resource guide. TITLE II—PROVIDING ASSISTANCE TO CITIES AND COMMUNITIES Sec. 201. Technology demonstration grant program. Sec. 202. Cybersecurity Working Group. Sec. 203. TechHire Workforce Training and Development Program. Sec. 204. GAO study on innovative financing. Sec. 205. Technical assistance, smart city voucher, and technologist in resi- dence programs. TITLE III—IMPROVING PERFORMANCE AND INTEROPERABILITY Sec. 301. Standards and interoperability framework. TITLE IV—INTERNATIONAL COOPERATION AND BEST PRACTICES Sec. 401. Development of global smart city or community best practices. Sec. 402. Trade program. SEC. 2. PURPOSE. 1 The purpose of this Act is to promote smart tech- 2 nologies and systems to improve community livability, 3 services, communication, safety, mobility, energy produc- 4 tivity, and resilience to natural and manmade disasters, 5 to reduce civic costs, traffic congestion, and air pollution, 6 and to promote equity, economic growth, and opportuni- 7 ties for communities of all sizes by— 8 (1) improving Federal Government coordination 9 and outreach with respect to smart city or commu- 10 nity technologies; 11 (2) promoting the quality and performance of 12 smart city or community technologies while pro- 13 tecting— 14 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3386 IH (A) the security of data and systems; and 1 (B) privacy; 2 (3) demonstrating the value and utility of 3 smart, local government-owned and -operated serv- 4 ices through the development and implementation of 5 performance standards; 6 (4) providing assistance to local governments 7 interested in implementing smart city or community 8 technologies; 9 (5) developing a workforce skilled in smart city 10 or community technologies; and 11 (6) expanding international cooperation and 12 trade in smart city or community technologies. 13 SEC. 3. DEFINITIONS. 14 In this Act: 15 (1) COUNCIL.—The term ‘‘Council’’ means the 16 Interagency Council on Smart Cities established 17 under section 101(a)(1)(A)(i). 18 (2) DATA.—The term ‘‘data’’ includes informa- 19 tion and images. 20 (3) EQUITY; EQUITABLE.—The terms ‘‘equity’’ 21 and ‘‘equitable’’ mean the consistent and systematic 22 fair, just, and impartial treatment of individuals 23 who— 24 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3386 IH (A) belong to underserved communities; 1 and 2 (B) have been denied systematic fair, just, 3 and impartial treatment based on race, eth- 4 nicity, religion, income, geography, gender iden- 5 tity, sexual orientation, or disability status. 6 (4) LOCAL WORKFORCE DEVELOPMENT BOARD; 7 STATE WORKFORCE DEVELOPMENT BOARD.—The 8 terms ‘‘local workforce development board’’ and 9 ‘‘State workforce development board’’ have the 10 meanings given the terms ‘‘local board’’ and ‘‘State 11 board’’, respectively, in section 3 of the Workforce 12 Innovation and Opportunity Act (29 U.S.C. 3102). 13 (5) SECRETARIES.—The term ‘‘Secretaries’’ 14 means the Secretary, acting in coordination with— 15 (A) the Secretary of Energy; 16 (B) the Secretary of Housing and Urban 17 Development; 18 (C) the Secretary of Transportation; 19 (D) the Director of the National Science 20 Foundation; and 21 (E) as the Secretary determines to be ap- 22 propriate— 23 (i) the Secretary of Health and 24 Human Services; 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3386 IH (ii) the Secretary of Homeland Secu- 1 rity; 2 (iii) the Secretary of Labor; and 3 (iv) the Secretary of State. 4 (6) SECRETARY.—The term ‘‘Secretary’’, unless 5 otherwise specified, means the Secretary of Com- 6 merce. 7 (7) SMART CITY OR COMMUNITY.— 8 (A) IN GENERAL.—The term ‘‘smart city 9 or community’’ means a community in which 10 innovative, advanced, and trustworthy informa- 11 tion, communications, and energy technologies 12 and related mechanisms are applied— 13 (i) to improve the health and quality 14 of life of residents; 15 (ii) to increase the efficiency and cost 16 effectiveness of civic operations and serv- 17 ices; 18 (iii) to promote economic growth; and 19 (iv) to create a community that is 20 safer and more secure, equitable, sustain- 21 able, resilient, livable, and workable. 22 (B) INCLUSIONS.—The term ‘‘smart city 23 or community’’ includes a local jurisdiction 24 that— 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3386 IH (i) gathers and incorporates data from 1 systems, devices, and sensors embedded in 2 civic systems and infrastructure to improve 3 the effectiveness and efficiency of civic op- 4 erations and services; 5 (ii) aggregates and analyzes gathered 6 data; 7 (iii) communicates the analysis per- 8 formed under clause (ii), and the data de- 9 scribed in that clause, in a variety of for- 10 mats; 11 (iv) makes corresponding improve- 12 ments to civic systems and services based 13 on gathered data; 14 (v) coordinates with relevant public 15 and private sector entities (including enti- 16 ties providing electric, water, telecommuni- 17 cations, energy, and transportation serv- 18 ices) to leverage the activities carried out 19 by those entities; 20 (vi) integrates measures— 21 (I) to ensure the resilience of 22 civic systems against cybersecurity 23 threats and physical vulnerabilities 24 and breaches; 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3386 IH (II) to protect the private data of 1 residents; and 2 (III) to measure the impact of 3 smart city or community technologies 4 on the effectiveness, equity, and effi- 5 ciency of civic operations and services; 6 and 7 (vii) promotes regional coordination of 8 the activities described in clauses (i) 9 through (vi). 10 (8) STATE.—The term ‘‘State’’ means— 11 (A) a State; 12 (B) the District of Columbia; 13 (C) the Commonwealth of Puerto Rico; 14 and 15 (D) any other territory or possession of the 16 United States. 17 (9) WORKING GROUP.—The term ‘‘Working 18 Group’’ means the Cybersecurity Working Group es- 19 tablished under section 202(b)(1). 20 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3386 IH TITLE I—ENHANCING FEDERAL 1 COORDINATION AND INVEST- 2 MENT IN SMART CITY OR 3 COMMUNITY PROGRAMS 4 SEC. 101. COORDINATION OF ACTIVITIES AMONG FEDERAL 5 AGENCIES. 6 (a) COORDINATION.— 7 (1) COORDINATION OF ACTIVITIES.— 8 (A) FEDERAL COUNCIL.— 9 (i) ESTABLISHMENT.—The Secre- 10 taries shall establish a council of Federal 11 agencies, to be known as the ‘‘Interagency 12 Council on Smart Cities’’, to promote the 13 coordination of the activities and funding 14 from Federal agencies relating to smart 15 cities or communities. 16 (ii) MEMBERSHIP.—The Council 17 shall— 18 (I) be led by the Office of Science 19 and Technology Policy; 20 (II) be co-chaired by the Director 21 of the Office of Science and Tech- 22 nology Policy and the Secretary; and 23 (III) include— 24 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3386 IH (aa) the Secretary of En- 1 ergy; 2 (bb) the Secretary of Hous- 3 ing and Urban Development; 4 (cc) the Secretary of Trans- 5 portation; 6 (dd) the Director of the Na- 7 tional Science Foundation; and 8 (ee) the heads of such other 9 Federal agencies as the Secretary 10 determines to be appropriate, in- 11 cluding— 12 (AA) the Secretary of 13 Homeland Security; 14 (BB) the Secretary of 15 Labor; and 16 (CC) the Secretary of 17 State. 18 (B) PRIORITIZATION.—For purposes of co- 19 ordinating Federal activities under subpara- 20 graph (A), the Secretaries shall prioritize the 21 conduct of Federal activities that would— 22 (i) demonstrate smart city or commu- 23 nity technologies in repeatable ways that 24 can rapidly be scaled; 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3386 IH (ii) encourage public, private, re- 1 gional, national, and international sharing 2 of data and best practices; 3 (iii) encourage private sector innova- 4 tion by promoting industry-driven tech- 5 nology standards, open platforms, tech- 6 nology-neutral requirements, and inter- 7 operability; 8 (iv) promote— 9 (I) a skilled workforce; 10 (II) an open and competitive 11 global market for smart city or com- 12 munity technologies; 13 (III) inclusion of all citizens, in- 14 cluding minority or disadvantaged 15 groups; 16 (IV) protocols and standards that 17 allow for the measurement and valida- 18 tion of the cost savings and perform- 19 ance improvements associated with 20 the installation and use of smart city 21 or community technologies and prac- 22 tices; and 23 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3386 IH (V) equitable distribution of ben- 1 efits gained from the use of smart 2 technologies; 3 (v) foster the growth of the smart city 4 or community technology industry and 5 workforce in the United States; 6 (vi) encourage the adoption of smart 7 city or community technologies by commu- 8 nities; 9 (vii) safeguard cybersecurity, includ- 10 ing by promoting industry practices relat- 11 ing to cybersecurity; and 12 (viii) safeguard privacy and, in con- 13 sultation with cities, communities, and in- 14 dustry entities, establish parameters and 15 best practices for the full life cycle man- 16 agement of all types of smart city or com- 17 munity data, including— 18 (I) best practices for the collec- 19 tion, storage, disposal, ownership, and 20 sharing of data; and 21 (II) best practices for data trans- 22 parency and data use limitations. 23 (C) CONSIDERATIONS.—The Secretaries 24 shall— 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3386 IH (i) ensure that the Federal activities 1 described in subparagraph (B) relating to 2 safeguarding cybersecurity take into ac- 3 count existing Federal, State, and local 4 frameworks, guidelines, and best practices 5 when considering the application of those 6 frameworks, guidelines, and best practices 7 to smart city technologies; 8 (ii) ensure that the Federal activities 9 described in subparagraph (B) take into 10 consideration software quality, especially 11 as software quality impacts reproducibility, 12 maintainability, reliability, and security of 13 systems, especially high-confidence sys- 14 tems; 15 (iii) conduct privacy impact assess- 16 ments for Federal activities that could neg- 17 atively affect privacy; and 18 (iv) ensure the privacy of individuals 19 by providing guidelines for— 20 (I) the use of technologies with 21 inherent privacy and security consid- 22 erations; 23 (II) screening vendors and part- 24 ners to prevent the inclusion of orga- 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 3386 IH nizations and individuals that have 1 been involved in, or affiliated with, il- 2 legal or unethical uses of data; 3 (III) contractually obligating ven- 4 dors and partners to maintain legal 5 and ethical data standards with re- 6 spect to privacy and data security; 7 and 8 (IV) monitoring for compliance 9 with the requirements of this clause. 10 (2) STRATEGY.— 11 (A) IN GENERAL.—The Secretaries, acting 12 through the Council, in consultation with indus- 13 try entities, cities, and communities, shall de- 14 velop a multiyear strategy for— 15 (i) the coordination of activities and 16 funding under paragraph (1)(A); 17 (ii) the development of partnerships 18 with the private sector relating to smart 19 cities or communities; and 20 (iii) the promotion of international co- 21 operation with respect to smart city or 22 community technologies and standards. 23 (B) REQUIREMENT.—The Secretaries shall 24 coordinate with the heads of any applicable 25 VerDate Sep 11 2014 22:34 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3386.IH H3386 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 3386 IH Federal agencies to leverage private sector and 1 non-Federal public investment in smart city or 2 community technologies consistent with the 3 strategy developed under subparagraph (A). 4 (3) ASSESSMENT.— 5 (A) IN GENERAL.—Not later than 180 6 days after the date of enactment of this Act, 7 the Secretary of Labor, in consultation with the 8 heads of other applicable Federal agencies, shall 9 coordinate with such private and public organi- 10 zations and units of local government as the 11 Secretary of Labor [Text truncated for display. 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