Freedom to Move Act

II 116TH CONGRESS 2D SESSION S. 4278 To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 22, 2020 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, 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. 3 This Act may be cited as the ‘‘Freedom to Move Act’’. 4 SEC. 2. PURPOSE. 5 The purposes of this Act are— 6 (1) to invest in the efforts of States, counties, 7 and local municipalities to provide fare-free public 8 transportation; and 9 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4278 IS (2) to support States, counties, and local mu- 1 nicipalities in improving and expanding access to 2 safe, accessible, and reliable mass transit systems in 3 order to improve the livability of communities. 4 SEC. 3. FINDINGS. 5 Congress finds the following: 6 (1) Increasing access to safe, reliable, and af- 7 fordable public transit systems, including buses, 8 light rail, and subways can help increase community 9 livability and access to critical services such as edu- 10 cation, jobs, and healthcare. 11 (2) The cost of transit fares can act as a chal- 12 lenging economic barrier for low-income individuals 13 and families who are most likely to rely on public 14 transportation to access critical services and must 15 spend larger parts of their household budget on 16 transportation services. Removing economic barriers 17 to safe, reliable, and affordable public transit can 18 help to increase social and economic mobility by in- 19 creasing access to education, training, and employ- 20 ment. 21 (3) Individuals with disabilities are twice as 22 likely as those without disabilities to have inadequate 23 access to safe, affordable, and reliable transpor- 24 tation. Reports have found that of the nearly 25 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4278 IS 2,000,000 people with disabilities who are unable to 1 leave their homes, nearly 30 percent are unable to 2 do so due to a lack of adequate transportation. 3 (4) As the senior population continues to grow, 4 an increasing number of elderly adults depend on 5 public transit to access medical care and other vital 6 services. Additionally, the percentage of 13- to 34- 7 year-olds without a driver’s license continues to 8 grow. Taken together, these trends show the unprec- 9 edented urgency of investing in and improving the 10 public transit systems of the United States. 11 (5) According to the Department of Transpor- 12 tation, transportation accounts for 29 percent of 13 greenhouse gas emissions in the United States. Pub- 14 lic transportation, however, produces significantly 15 lower greenhouse gas emissions per passenger mile 16 than transportation by private vehicles. Increasing 17 public transit ridership and moving more people to 18 and from critical services with fewer vehicles on the 19 road can reduce greenhouse gas emissions. 20 (6) Eliminating transit fares and significantly 21 reducing economic barriers to public transit will help 22 to reduce the need for fare evasion policies that dis- 23 proportionately criminalize low-income individuals 24 and people of color. 25 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4278 IS SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. 1 (a) DEFINITIONS.—In this section: 2 (1) ELIGIBLE ENTITY.—In this section, the 3 term ‘‘eligible entity’’ means— 4 (A) a State, a political subdivision of a 5 State, or an Indian Tribe; 6 (B) a transit agency; 7 (C) a private nonprofit organization en- 8 gaged in public transportation in a rural area; 9 or 10 (D) a partnership between 2 or more enti- 11 ties described in subparagraphs (A) through 12 (C). 13 (2) FOSTER CARE YOUTH.—The term ‘‘foster 14 care youth’’— 15 (A) means children and youth whose care 16 and placement are the responsibility of the 17 State or Tribal agency that administers a State 18 or Tribal plan under part B or E of title IV of 19 the Social Security Act (42 U.S.C. 621 et seq. 20 and 670 et seq.), without regard to whether fos- 21 ter care maintenance payments are made under 22 section 472 of that Act (42 U.S.C. 672) on be- 23 half of such children and youth; and 24 (B) includes individuals who were age 13 25 or older when their care and placement were 26 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4278 IS the responsibility of a State or Tribal agency 1 that administered a State or Tribal plan under 2 part B or E of title IV of the Social Security 3 Act (42 U.S.C. 621 et seq. and 670 et seq.) 4 and who are no longer under the care and re- 5 sponsibility of such a State or Tribal agency, 6 without regard to any such individual’s subse- 7 quent adoption, guardianship arrangement, or 8 other form of permanency outcome. 9 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 10 means an Indian tribe, as that term is used in chap- 11 ter 53 of title 49, United States Code. 12 (4) LOW-INCOME INDIVIDUAL.—The term ‘‘low- 13 income individual’’ means an individual whose family 14 income is at or below 150 percent of the poverty line 15 (as that term is defined in section 673(2) of the 16 Community Services Block Grant Act (42 U.S.C. 17 9902(2)), including any revision required by that 18 section) for a family of the size involved. 19 (5) MASS TRANSIT; PUBLIC TRANSIT; TRAN- 20 SIT.—The terms ‘‘mass transit’’, ‘‘public transit’’, 21 and ‘‘transit’’ mean public transportation. 22 (6) PUBLIC TRANSPORTATION.—The term 23 ‘‘public transportation’’— 24 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4278 IS (A) means regular, continuing shared-ride 1 surface transportation services that are open to 2 the general public or open to a segment of the 3 general public defined by age, disability, or low 4 income; and 5 (B) does not include— 6 (i) intercity passenger rail transpor- 7 tation provided by the entity described in 8 chapter 243 of title 49, United States 9 Code (or a successor to that entity); 10 (ii) intercity bus service; 11 (iii) charter bus service; 12 (iv) school bus service; 13 (v) sightseeing service; 14 (vi) courtesy shuttle service for pa- 15 trons of one or more specific establish- 16 ments; or 17 (vii) intra-terminal or intra-facility 18 shuttle services. 19 (7) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Transportation. 21 (8) STATE.—The term ‘‘State’’ has the mean- 22 ing given the term in section 5302 of title 49, 23 United States Code. 24 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4278 IS (9) UNDERSERVED COMMUNITY.—The term 1 ‘‘underserved community’’ means— 2 (A) a community that— 3 (i) is not served by any existing bus 4 route; or 5 (ii) receives infrequent bus service; 6 and 7 (B) a community located in an area within 8 a census tract that is identified as— 9 (i) a low-income community; and 10 (ii) a community of color. 11 (b) GRANTS AUTHORIZED.—Not later than 360 days 12 after the date of enactment of this Act, the Secretary shall 13 award grants (which shall be known as ‘‘Freedom to Move 14 Grants’’) to eligible entities, on a competitive basis, to 15 cover the lost fare revenue for fare-free public transpor- 16 tation and improve public transportation. 17 (c) APPLICATION.—To be eligible to receive a grant 18 under this section, an eligible entity shall submit to the 19 Secretary an application at such time, in such manner, 20 and containing such information as the Secretary may re- 21 quire, including, at a minimum, the following: 22 (1) A description of how the eligible entity 23 plans to implement fare-free transit access. 24 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4278 IS (2) A description of how the eligible entity will 1 work to expand and improve bus service, which may 2 include— 3 (A) a bus network redesign; 4 (B) how the bus network redesign will 5 prioritize consistent and reliable service for low- 6 income and underserved communities; 7 (C) how the bus network redesign will 8 prioritize connectivity to critical services and 9 improve community livability; and 10 (D) how the eligible entity will meaning- 11 fully consult with members of the community, 12 community leaders, local stakeholders and advo- 13 cates (including transit advocates and disability 14 advocates), local education agencies and institu- 15 tions of higher education, community devel- 16 opers, labor unions, public housing agencies, 17 and workforce development boards, while facili- 18 tating the bus network redesign. 19 (3) A description of how the eligible entity will 20 meaningfully partner and collaborate with members 21 of the community, community leaders, local stake- 22 holders and advocates (including transit advocates 23 and disability advocates), local education agencies 24 and institutions of higher education, community de- 25 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4278 IS velopers, labor unions, public housing agencies and 1 workforce development boards to support outreach 2 efforts to increase awareness of fare-free transit pro- 3 grams, including fare-free bus programs. 4 (4) A description of the eligible entity’s equity 5 evaluation examining any equity and mobility gaps 6 within each transit system operated by the eligible 7 entity or within the geographic area under the juris- 8 diction of the eligible entity, and how the eligible en- 9 tity plans to significantly close those gaps, includ- 10 ing— 11 (A) the average commute time for driver 12 commuters and non-driver commuters; 13 (B) public transit ridership rates 14 disaggregated by— 15 (i) mode of transportation; and 16 (ii) demographic group, including 17 youth (including foster care youth), sen- 18 iors, individuals with disabilities, and low- 19 income individuals; and 20 (C) average length of bus routes and aver- 21 age delay times. 22 (5) A description of the eligible entity’s fare 23 evasion enforcement policies, including— 24 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4278 IS (A) the cost of the fine, if any, and wheth- 1 er the infraction is considered a civil offense or 2 a criminal offense punishable by imprisonment; 3 (B) the number of individuals charged with 4 violating a fare evasion policy, disaggregated by 5 age, race, gender, and disability status; and 6 (C) how the eligible entity plans to elimi- 7 nate fare evasion policies and end the criminal- 8 ization of individuals evading fares. 9 (6) An estimate of additional costs that the eli- 10 gible entity will incur as a result of increased rider- 11 ship, including— 12 (A) fuel costs; 13 (B) personnel costs; 14 (C) maintenance costs; and 15 (D) other operational costs. 16 (7) Information and statistics on assaults on 17 transit employees and a description of each training 18 or policy used or intended to be used to protect em- 19 ployees, which may include de-escalation training. 20 (d) DURATION.—A grant awarded under this section 21 shall be for a 5-year period. 22 (e) SELECTION OF ELIGIBLE ENTITIES.—In carrying 23 out the grant program under this section, the Secretary 24 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4278 IS shall award grants to eligible entities located in both rural 1 and urbanized areas. 2 (f) USES OF FUNDS.—An eligible entity that receives 3 a grant under this section shall use the grant to support— 4 (1) implementing a fare-free transit program; 5 and 6 (2) efforts to improve public transportation, 7 particularly in underserved communities, including 8 costs associated with efforts to provide more safe, 9 frequent, and reliable bus service, including— 10 (A) bus stop safety and accessibility im- 11 provements; 12 (B) pedestrian and bike shelters; 13 (C) signage; 14 (D) painted bus lanes; 15 (E) signal priority systems; 16 (F) street redesign; 17 (G) operational costs to meet demands of 18 increased ridership, including hiring and train- 19 ing of personnel; and 20 (H) conducting a bus network redesign. 21 (g) REPORT.— 22 (1) IN GENERAL.—Not later than 3 years after 23 the date on which funds are made available to carry 24 out this section, the Secretary shall— 25 VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4278 IS (A) collect data from each eligible entity 1 receiving a grant under this section on the 2 progress of the entity in meeting the targets de- 3 scribed in the application of the entity; and 4 (B) publish and submit to Congress a re- 5 port containing the data collected under sub- 6 paragraph (A). 7 (2) REQUIREMENTS.—The report required 8 under paragraph (1) shall— 9 (A) include data on demographics of com- 10 munities served under this section, 11 disaggregated and cross-tabulated by— 12 (i) race; 13 (ii) ethnicity; 14 (iii) sex; and 15 (iv) household median income; and 16 (B) assess the progress of eligible entities 17 towards significantly closing transit equity and 18 mobility gaps as described in subsection (c)(4). 19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 20 authorized to be appropriated to carry out this section 21 $5,000,000,000 for each of fiscal years 2021 through 22 2025. 23 Æ VerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S4278.IS S4278 kjohnson on DSK79L0C42PROD with BILLS