Smart Cities and Communities Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1398 To promote the use of smart technologies and systems in communities, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 9, 2019 Ms. CANTWELL introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 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 2019’’. 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. Sec. 3. Definitions. TITLE I—ENHANCING FEDERAL COORDINATION AND INVESTMENT IN SMART CITY OR COMMUNITY PROGRAMS VerDate Sep 11 2014 22:09 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 2 •S 1398 IS 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. 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 costs, traffic congestion, and air pollution, and 6 to promote economic growth and opportunities for commu- 7 nities 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 (A) the security of data and systems; and 15 (B) privacy; 16 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 3 •S 1398 IS (3) demonstrating the value and utility of 1 smart, local government-owned and -operated serv- 2 ices through the development and implementation of 3 performance standards; 4 (4) providing assistance to local governments 5 interested in implementing smart city or community 6 technologies; 7 (5) developing a workforce skilled in smart city 8 or community technologies; and 9 (6) expanding international cooperation and 10 trade in smart city or community technologies. 11 SEC. 3. DEFINITIONS. 12 In this Act: 13 (1) COUNCIL.—The term ‘‘Council’’ means the 14 Interagency Council on Smart Cities established 15 under section 101(a)(1)(A)(i). 16 (2) DATA.—The term ‘‘data’’ includes informa- 17 tion and images. 18 (3) LOCAL WORKFORCE DEVELOPMENT BOARD; 19 STATE WORKFORCE DEVELOPMENT BOARD.—The 20 terms ‘‘local workforce development board’’ and 21 ‘‘State workforce development board’’ have the 22 meanings given the terms ‘‘local board’’ and ‘‘State 23 board’’, respectively, in section 3 of the Workforce 24 Innovation and Opportunity Act (29 U.S.C. 3102). 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 4 •S 1398 IS (4) SECRETARIES.—The term ‘‘Secretaries’’ 1 means the Secretary, acting in coordination with— 2 (A) the Secretary of Energy; 3 (B) the Secretary of Housing and Urban 4 Development; 5 (C) the Secretary of Transportation; 6 (D) the Director of the National Science 7 Foundation; and 8 (E) as the Secretary determines to be ap- 9 propriate— 10 (i) the Secretary of Health and 11 Human Services; 12 (ii) the Secretary of Homeland Secu- 13 rity; 14 (iii) the Secretary of Labor; and 15 (iv) the Secretary of State. 16 (5) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Commerce. 18 (6) SMART CITY OR COMMUNITY.— 19 (A) IN GENERAL.—The term ‘‘smart city 20 or community’’ means a community in which 21 innovative, advanced, and trustworthy informa- 22 tion, communication, and energy technologies 23 and related mechanisms are applied— 24 VerDate Sep 11 2014 22:09 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 5 •S 1398 IS (i) to improve the health and quality 1 of life of residents; 2 (ii) to increase the efficiency and cost 3 effectiveness of civic operations and serv- 4 ices; 5 (iii) to promote economic growth; and 6 (iv) to create a community that is 7 safer and more secure, sustainable, resil- 8 ient, livable, and workable. 9 (B) INCLUSIONS.—The term ‘‘smart city 10 or community’’ includes a local jurisdiction 11 that— 12 (i) gathers and incorporates data from 13 systems, devices, and sensors embedded in 14 civic systems and infrastructure to improve 15 the effectiveness and efficiency of civic op- 16 erations and services; 17 (ii) aggregates and analyzes gathered 18 data; 19 (iii) communicates the analysis and 20 data in a variety of formats; 21 (iv) makes corresponding improve- 22 ments to civic systems and services based 23 on gathered data; 24 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 6 •S 1398 IS (v) coordinates with relevant public 1 and private sector entities (including enti- 2 ties providing electric, water, telecommuni- 3 cations, energy, and transportation serv- 4 ices) to leverage the activities carried out 5 by those entities; 6 (vi) integrates measures— 7 (I) to ensure the resilience of 8 civic systems against cybersecurity 9 threats and physical vulnerabilities 10 and breaches; 11 (II) to protect the private data of 12 residents; and 13 (III) to measure the impact of 14 smart city or community technologies 15 on the effectiveness and efficiency of 16 civic operations and services; and 17 (vii) promotes regional coordination of 18 the activities described in clauses (i) 19 through (vi). 20 (7) STATE.—The term ‘‘State’’ means— 21 (A) a State; 22 (B) the District of Columbia; 23 (C) the Commonwealth of Puerto Rico; 24 and 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 7 •S 1398 IS (D) any other territory or possession of the 1 United States. 2 (8) WORKING GROUP.—The term ‘‘Working 3 Group’’ means the Cybersecurity Working Group es- 4 tablished under section 202(b)(1). 5 TITLE I—ENHANCING FEDERAL 6 COORDINATION AND INVEST- 7 MENT IN SMART CITY OR 8 COMMUNITY PROGRAMS 9 SEC. 101. COORDINATION OF ACTIVITIES AMONG FEDERAL 10 AGENCIES. 11 (a) COORDINATION.— 12 (1) COORDINATION OF ACTIVITIES.— 13 (A) FEDERAL COUNCIL.— 14 (i) ESTABLISHMENT.—The Secre- 15 taries shall establish a council of Federal 16 agencies, to be known as the ‘‘Interagency 17 Council on Smart Cities’’, to promote the 18 coordination of the activities and funding 19 from Federal agencies relating to smart 20 cities or communities. 21 (ii) MEMBERSHIP.—The Council 22 shall— 23 (I) be led by the Secretary; and 24 (II) include— 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 8 •S 1398 IS (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; 8 (ee) the heads of such other 9 departments and agencies as the 10 Secretary determines to be ap- 11 propriate, including— 12 (AA) the Secretary of 13 Homeland Security; 14 (BB) the Secretary of 15 Labor; and 16 (CC) the Secretary of 17 State; and 18 (ff) such representatives of 19 industry expert organizations and 20 local government entities as the 21 Secretary determines to be ap- 22 propriate. 23 (B) PRIORITIZATION.—For purposes of co- 24 ordinating Federal activities under subpara- 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 9 •S 1398 IS graph (A), the Secretaries shall prioritize the 1 conduct of Federal activities that would— 2 (i) demonstrate smart city or commu- 3 nity technologies in repeatable ways that 4 can rapidly be scaled; 5 (ii) encourage public, private, re- 6 gional, national, and international sharing 7 of data and best practices; 8 (iii) encourage private sector innova- 9 tion by promoting industry-driven tech- 10 nology standards, open platforms, tech- 11 nology-neutral requirements, and inter- 12 operability; 13 (iv) promote— 14 (I) a skilled workforce; 15 (II) an open and competitive 16 global market for smart city or com- 17 munity technologies; 18 (III) inclusion of all citizens, in- 19 cluding minority or disadvantaged 20 groups; and 21 (IV) protocols and standards that 22 allow for the measurement and valida- 23 tion of the cost savings and perform- 24 ance improvements associated with 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 10 •S 1398 IS the installation and use of smart city 1 or community technologies and prac- 2 tices; 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 re- 11 garding 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 collection, storage, 18 ownership, and sharing of data. 19 (C) CONSIDERATIONS.—The Secretaries 20 shall— 21 (i) ensure that the Federal activities 22 described in subparagraph (B) related to 23 safeguarding cybersecurity take into ac- 24 count existing Federal, State, and local 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 11 •S 1398 IS frameworks, guidelines, and best practices 1 when considering their application to smart 2 city technologies; 3 (ii) ensure that the Federal activities 4 described in subparagraph (B) take into 5 consideration software quality, especially 6 as that quality impacts reproducibility, 7 maintainability, reliability, and security, 8 especially of high-confidence systems; 9 (iii) conduct privacy impact assess- 10 ments for Federal activities that could neg- 11 atively affect privacy; and 12 (iv) ensure the privacy of individuals 13 through the use of technologies with inher- 14 ent privacy and security considerations. 15 (2) STRATEGY.— 16 (A) IN GENERAL.—The Secretaries, acting 17 through the Council, in consultation with indus- 18 try entities, cities, and communities, shall de- 19 velop a multiyear strategy for— 20 (i) the coordination of activities and 21 funding under paragraph (1)(A); 22 (ii) the development of partnerships 23 with the private sector relating to smart 24 cities or communities; and 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 12 •S 1398 IS (iii) the promotion of international co- 1 operation with respect to smart city or 2 community technologies and standards. 3 (B) REQUIREMENT.—The Secretaries shall 4 coordinate with the heads of any applicable 5 Federal agencies to leverage private sector and 6 non-Federal public investment in smart city or 7 community technologies consistent with the 8 strategy developed under subparagraph (A). 9 (3) ASSESSMENT.— 10 (A) IN GENERAL.—Not later than 180 11 days after the date of enactment of this Act, 12 the Secretary of Labor, in consultation with the 13 heads of other applicable Federal agencies, shall 14 coordinate with such private and public organi- 15 zations and units of local government as the 16 Secretary of Labor determines to be appro- 17 priate regarding the preparation of a smart city 18 or community technology workforce needs as- 19 sessment. 20 (B) SUBMISSION.—On completion of the 21 assessment prepared under subparagraph (A), 22 the Secretary of Labor shall submit to the ap- 23 propriate committees of Congress and the 24 Council the completed assessment. 25 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 13 •S 1398 IS (4) COORDINATION OF FUNDS.—In promoting 1 the coordination of Federal funding relating to 2 smart city or community activities under paragraph 3 (1)(A) and in accordance with the strategy developed 4 under paragraph (2)(A), each of the Secretaries 5 shall— 6 (A) track, with respect to the appropriate 7 agency, the expenditures and planned expendi- 8 tures of Federal funds for smart city- or com- 9 munity-related activities, together with lever- 10 aged non-Federal matching funds; and 11 (B) coordinate with the head of any other 12 applicable Federal agency that allocates funds 13 for smart city or community activities— 14 (i) to achieve greater benefits from ac- 15 tivities using Federal funds; 16 (ii) to produce integrated projects re- 17 lating to those activities; and 18 (iii) to leverage complementary invest- 19 ments of other Federal agencies in those 20 activities. 21 (b) SUBMISSION OF INFORMATION AND BIENNIAL 22 REPORT.—During the 6-year period beginning on the date 23 of enactment of this Act— 24 VerDate Sep 11 2014 00:10 May 17, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398 tkelley on DSKBCP9HB2PROD with BILLS 14 •S 1398 IS (1) the head of each applicable Federal agency 1 shall submit to the Secretary information for inclu- 2 sion in the report submitted under paragraph (2); 3 and 4 (2) not less frequently than once every 2 years, 5 the Secretary shall submit to the Committees on 6 Commerce, Science, and Tr [Text truncated for display. Full text available on Congress.gov.]