Smart Cities and Communities Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2636 To promote the use of smart technologies and systems in communities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 9, 2019 Ms. DELBENE (for herself and Mr. LUJA´N) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, Edu- cation and Labor, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned 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. VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 2636 IH 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, voucher pilot program, and technologist in resi- dence pilot program. 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 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 2636 IH (B) privacy; 1 (3) demonstrating the value and utility of 2 smart, local government-owned and -operated serv- 3 ices through the development and implementation of 4 performance standards; 5 (4) providing assistance to local governments 6 interested in implementing smart city or community 7 technologies; 8 (5) developing a workforce skilled in smart city 9 or community technologies; and 10 (6) expanding international cooperation and 11 trade in smart city or community technologies. 12 SEC. 3. DEFINITIONS. 13 In this Act: 14 (1) COUNCIL.—The term ‘‘Council’’ means the 15 Interagency Council on Smart Cities established 16 under section 101(a)(1)(A)(i). 17 (2) DATA.—The term ‘‘data’’ includes informa- 18 tion and images. 19 (3) LOCAL WORKFORCE DEVELOPMENT BOARD; 20 STATE WORKFORCE DEVELOPMENT BOARD.—The 21 terms ‘‘local workforce development board’’ and 22 ‘‘State workforce development board’’ have the 23 meanings given the terms ‘‘local board’’ and ‘‘State 24 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 2636 IH board’’, respectively, in section 3 of the Workforce 1 Innovation and Opportunity Act (29 U.S.C. 3102). 2 (4) SECRETARIES.—The term ‘‘Secretaries’’ 3 means the Secretary, acting in coordination with— 4 (A) the Secretary of Energy; 5 (B) the Secretary of Housing and Urban 6 Development; 7 (C) the Secretary of Transportation; 8 (D) the Director of the National Science 9 Foundation; and 10 (E) as the Secretary determines to be ap- 11 propriate— 12 (i) the Secretary of Health and 13 Human Services; 14 (ii) the Secretary of Homeland Secu- 15 rity; 16 (iii) the Secretary of Labor; and 17 (iv) the Secretary of State. 18 (5) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of Commerce. 20 (6) SMART CITY OR COMMUNITY.— 21 (A) IN GENERAL.—The term ‘‘smart city 22 or community’’ means a community in which 23 innovative, advanced, and trustworthy informa- 24 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 2636 IH tion, communication, and energy technologies 1 and related mechanisms are applied— 2 (i) to improve the health and quality 3 of life of residents; 4 (ii) to increase the efficiency and cost 5 effectiveness of civic operations and serv- 6 ices; 7 (iii) to promote economic growth; and 8 (iv) to create a community that is 9 safer and more secure, sustainable, resil- 10 ient, livable, and workable. 11 (B) INCLUSIONS.—The term ‘‘smart city 12 or community’’ includes a local jurisdiction 13 that— 14 (i) gathers and incorporates data from 15 systems, devices, and sensors embedded in 16 civic systems and infrastructure to improve 17 the effectiveness and efficiency of civic op- 18 erations and services; 19 (ii) aggregates and analyzes gathered 20 data; 21 (iii) communicates the analysis and 22 data in a variety of formats; 23 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 2636 IH (iv) makes corresponding improve- 1 ments to civic systems and services based 2 on gathered data; 3 (v) coordinates with relevant public 4 and private sector entities (including enti- 5 ties providing electric, water, telecommuni- 6 cations, energy, and transportation serv- 7 ices) to leverage the activities carried out 8 by those entities; 9 (vi) integrates measures— 10 (I) to ensure the resilience of 11 civic systems against cybersecurity 12 threats and physical vulnerabilities 13 and breaches; 14 (II) to protect the private data of 15 residents; and 16 (III) to measure the impact of 17 smart city or community technologies 18 on the effectiveness and efficiency of 19 civic operations and services; and 20 (vii) promotes regional coordination of 21 the activities described in clauses (i) 22 through (vi). 23 (7) STATE.—The term ‘‘State’’ means— 24 (A) a State; 25 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 2636 IH (B) the District of Columbia; 1 (C) the Commonwealth of Puerto Rico; 2 and 3 (D) any other territory or possession of the 4 United States. 5 (8) WORKING GROUP.—The term ‘‘Working 6 Group’’ means the Cybersecurity Working Group es- 7 tablished under section 202(b)(1). 8 TITLE I—ENHANCING FEDERAL 9 COORDINATION AND INVEST- 10 MENT IN SMART CITY OR 11 COMMUNITY PROGRAMS 12 SEC. 101. COORDINATION OF ACTIVITIES AMONG FEDERAL 13 AGENCIES. 14 (a) COORDINATION.— 15 (1) COORDINATION OF ACTIVITIES.— 16 (A) FEDERAL COUNCIL.— 17 (i) ESTABLISHMENT.—The Secre- 18 taries shall establish a council of Federal 19 agencies, to be known as the ‘‘Interagency 20 Council on Smart Cities’’, to promote the 21 coordination of the activities and funding 22 from Federal agencies relating to smart 23 cities or communities. 24 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 2636 IH (ii) MEMBERSHIP.—The Council 1 shall— 2 (I) be led by the Secretary; and 3 (II) include— 4 (aa) the Secretary of En- 5 ergy; 6 (bb) the Secretary of Hous- 7 ing and Urban Development; 8 (cc) the Secretary of Trans- 9 portation; 10 (dd) the Director of the Na- 11 tional Science Foundation; 12 (ee) the heads of such other 13 departments and agencies as the 14 Secretary determines to be ap- 15 propriate, including— 16 (AA) the Secretary of 17 Homeland Security; 18 (BB) the Secretary of 19 Labor; and 20 (CC) the Secretary of 21 State; and 22 (ff) such representatives of 23 industry expert organizations and 24 local government entities as the 25 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 2636 IH Secretary determines to be ap- 1 propriate. 2 (B) PRIORITIZATION.—For purposes of co- 3 ordinating Federal activities under subpara- 4 graph (A), the Secretaries shall prioritize the 5 conduct of Federal activities that would— 6 (i) demonstrate smart city or commu- 7 nity technologies in repeatable ways that 8 can rapidly be scaled; 9 (ii) encourage public, private, re- 10 gional, national, and international sharing 11 of data and best practices; 12 (iii) encourage private sector innova- 13 tion by promoting industry-driven tech- 14 nology standards, open platforms, tech- 15 nology-neutral requirements, and inter- 16 operability; 17 (iv) promote— 18 (I) a skilled workforce; 19 (II) an open and competitive 20 global market for smart city or com- 21 munity technologies; 22 (III) inclusion of all citizens, in- 23 cluding minority or disadvantaged 24 groups; and 25 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 2636 IH (IV) protocols and standards that 1 allow for the measurement and valida- 2 tion of the cost savings and perform- 3 ance improvements associated with 4 the installation and use of smart city 5 or community technologies and prac- 6 tices; 7 (v) foster the growth of the smart city 8 or community technology industry and 9 workforce in the United States; 10 (vi) encourage the adoption of smart 11 city or community technologies by commu- 12 nities; 13 (vii) safeguard cybersecurity, includ- 14 ing by promoting industry practices re- 15 garding cybersecurity; and 16 (viii) safeguard privacy and, in con- 17 sultation with cities, communities, and in- 18 dustry entities, establish parameters and 19 best practices for the full life cycle man- 20 agement of all types of smart city or com- 21 munity data, including collection, storage, 22 ownership, and sharing of data. 23 (C) CONSIDERATIONS.—The Secretaries 24 shall— 25 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 2636 IH (i) ensure that the Federal activities 1 described in subparagraph (B) related to 2 safeguarding cybersecurity take into ac- 3 count existing Federal, State, and local 4 frameworks, guidelines, and best practices 5 when considering their application to smart 6 city technologies; 7 (ii) ensure that the Federal activities 8 described in subparagraph (B) take into 9 consideration software quality, especially 10 as that quality impacts reproducibility, 11 maintainability, reliability, and security, 12 especially of high-confidence systems; 13 (iii) conduct privacy impact assess- 14 ments for Federal activities that could neg- 15 atively affect privacy; and 16 (iv) ensure the privacy of individuals 17 through the use of technologies with inher- 18 ent privacy and security considerations. 19 (2) STRATEGY.— 20 (A) IN GENERAL.—The Secretaries, acting 21 through the Council, in consultation with indus- 22 try entities, cities, and communities, shall de- 23 velop a multiyear strategy for— 24 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 2636 IH (i) the coordination of activities and 1 funding under paragraph (1)(A); 2 (ii) the development of partnerships 3 with the private sector relating to smart 4 cities or communities; and 5 (iii) the promotion of international co- 6 operation with respect to smart city or 7 community technologies and standards. 8 (B) REQUIREMENT.—The Secretaries shall 9 coordinate with the heads of any applicable 10 Federal agencies to leverage private sector and 11 non-Federal public investment in smart city or 12 community technologies consistent with the 13 strategy developed under subparagraph (A). 14 (3) ASSESSMENT.— 15 (A) IN GENERAL.—Not later than 180 16 days after the date of enactment of this Act, 17 the Secretary of Labor, in consultation with the 18 heads of other applicable Federal agencies, shall 19 coordinate with such private and public organi- 20 zations and units of local government as the 21 Secretary of Labor determines to be appro- 22 priate regarding the preparation of a smart city 23 or community technology workforce needs as- 24 sessment. 25 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 13 •HR 2636 IH (B) SUBMISSION.—On completion of the 1 assessment prepared under subparagraph (A), 2 the Secretary of Labor shall submit to the ap- 3 propriate committees of Congress and the 4 Council the completed assessment. 5 (4) COORDINATION OF FUNDS.—In promoting 6 the coordination of Federal funding relating to 7 smart city or community activities under paragraph 8 (1)(A) and in accordance with the strategy developed 9 under paragraph (2)(A), each of the Secretaries 10 shall— 11 (A) track, with respect to the appropriate 12 agency, the expenditures and planned expendi- 13 tures of Federal funds for smart city- or com- 14 munity-related activities, together with lever- 15 aged non-Federal matching funds; and 16 (B) coordinate with the head of any other 17 applicable Federal agency that allocates funds 18 for smart city or community activities— 19 (i) to achieve greater benefits from ac- 20 tivities using Federal funds; 21 (ii) to produce integrated projects re- 22 lating to those activities; and 23 VerDate Sep 11 2014 22:10 May 22, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2636.IH H2636 tkelley on DSKBCP9HB2PROD with BILLS 14 •HR 2636 IH (iii) to leverage complementary invest- 1 ments of other Federal agencies in those 2 activities. 3 (b) SUBMISSION OF INFORMATION AND BIE [Text truncated for display. Full text available on Congress.gov.]