Transportation Equity Act

I 116TH CONGRESS 1ST SESSION H. R. 5152 To establish a grant program under which the Secretary of Transportation will reimburse public transportation agencies that offer free unlimited transportation passes to eligible individuals. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 18, 2019 Ms. VELA´ZQUEZ (for herself and Mr. ESPAILLAT) introduced the following bill; which was referred to the Committee on Transportation and Infra- structure A BILL To establish a grant program under which the Secretary of Transportation will reimburse public transportation agencies that offer free unlimited transportation passes to eligible individuals. 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 ‘‘Transportation Equity Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 2 •HR 5152 IH Sec. 2. Establishment of grant program. Sec. 3. Eligible agencies. Sec. 4. Eligible individuals. Sec. 5. Eligible services and requirements. Sec. 6. Features of T–U Pass. Sec. 7. Proof of eligibility. Sec. 8. Application and selection. Sec. 9. Amount of reimbursement to transit agencies. Sec. 10. Reports from agencies. Sec. 11. Termination of benefits under certain circumstances. Sec. 12. Rule of construction. Sec. 13. Authorization of appropriations. Sec. 14. Definitions. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. 1 The Secretary of Transportation shall establish a 2 program to reimburse eligible public transportation agen- 3 cies that provide eligible individuals a free unlimited trans- 4 portation pass (to be known as a ‘‘T–U Pass’’). 5 SEC. 3. ELIGIBLE AGENCIES. 6 A public transportation agency is eligible to partici- 7 pate in the program if the agency— 8 (1) provides a monthly, flat-rate, unlimited 9 transportation pass for purchase by any individual; 10 and 11 (2) agrees to establish a separate T–U Pass for 12 eligible individuals. 13 SEC. 4. ELIGIBLE INDIVIDUALS. 14 The following individuals are eligible to receive a free 15 T–U Pass: 16 (1) An individual aged 60 and older. 17 VerDate Sep 11 2014 20:34 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 3 •HR 5152 IH (2) An individual with a disability (as defined 1 in section 3 of the Americans with Disabilities Act 2 of 1990 (42 U.S.C. 12102)). 3 (3) An individual who receives a means-tested 4 benefit, as determined by the Secretary. 5 (4) A low-income individual (as defined in this 6 Act). 7 (5) The spouse of an individual described in 8 paragraphs (1) through (4) who lives with such indi- 9 vidual. 10 (6) The unmarried dependent of an individual 11 described in paragraphs (1) through (4) who lives 12 with such individual. 13 SEC. 5. ELIGIBLE SERVICES AND REQUIREMENTS. 14 (a) IN GENERAL.—Subject to subsection (b), a T– 15 U Pass shall only provide general transportation services 16 and not premium transportation services. 17 (b) EXCEPTION FOR CERTAIN INDIVIDUALS.—A pub- 18 lic transportation agency may seek a waiver from the Sec- 19 retary to provide a T–U Pass that provides premium 20 transportation services to an eligible individual who the 21 transit agency determines— 22 (1) has no access to reasonably accessible trans- 23 portation access points and is not eligible for para- 24 transit transportation services; or 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 4 •HR 5152 IH (2) is disabled and whose principal place of res- 1 idence, primary or specialist medical facilities, edu- 2 cational facilities, or place of employment is not 3 within one-half mile of a transportation access point 4 that contains the necessary infrastructure for the in- 5 dividual to use public transportation. 6 (c) T–U PASS REQUIREMENTS.—A T–U Pass shall 7 provide unlimited access to public transportation and shall 8 be valid for all schedules, times, and periods the transpor- 9 tation agency offers service. 10 (d) AUTOMATIC MONTHLY LOADING CAPABILITY OF 11 TRANSPORTATION BENEFITS.—A T–U Pass shall— 12 (1) be able to receive funds remotely or be load- 13 ed with funds automatically on the first day of each 14 calendar month; and 15 (2) make such funds available upon entrance or 16 boarding at the first transportation access point on 17 the first day the T–U Pass is used in such month. 18 (e) WAIVER FOR CERTAIN PUBLIC TRANSPORTATION 19 AGENCIES.—The Secretary may waive a requirement 20 under subsection (d) if the Secretary determines that— 21 (1) a public transportation agency cannot meet 22 such requirement because of infrastructure limita- 23 tions, cost inefficiencies, inability to finance, or un- 24 available technology; and 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 5 •HR 5152 IH (2) the transportation agency provides a T–U 1 Pass that— 2 (A) only functions at entry and exit points 3 of the transit system; or 4 (B) only permits transactions of transpor- 5 tation-related expenses at facilities operated by 6 the transportation agency, including— 7 (i) booths or automated vending ma- 8 chines at transportation access points oper- 9 ated by the transit agency; 10 (ii) telephone or online interfaces op- 11 erated by the transit agencies; and 12 (iii) additional facilities as determined 13 by the Secretary. 14 (f) ROLLOVER PROHIBITED.—Any funds that are 15 disbursed to a T–U Pass shall be surrendered if not used 16 in the course of the month for which such benefits were 17 provided. 18 (g) PROHIBITION OF DUPLICATIVE TRANSPOR- 19 TATION BENEFITS.—Grants made pursuant to the pro- 20 gram shall not be used to reimburse more than one T– 21 U Pass per individual. 22 SEC. 6. FEATURES OF T–U PASS. 23 (a) EXPIRATION.—Subject to section 11, a T–U Pass 24 expires one year after issuance, and a public transpor- 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 6 •HR 5152 IH tation agency may not terminate the validity of the T– 1 U Pass until the date of expiration regardless of whether 2 the individual continues to be eligible under section 4 of 3 this Act. 4 (b) DESIGN.—A public transportation agency receiv- 5 ing a grant pursuant to the program shall select a design 6 that distinguishes the T–U Pass from other passes. The 7 T–U Pass shall— 8 (1) be a card, ticket, or voucher; 9 (2) include the words ‘‘Photo ID T–U Pass’’ on 10 the front and back; 11 (3) include the words ‘‘If found, please return 12 to’’ immediately followed by the address of the 13 issuing office of the transportation agency; 14 (4) include a photo of the person to whom the 15 T–U Pass was provided; 16 (5) include a seal with the logo of the transpor- 17 tation agency; 18 (6) include the full name of such eligible per- 19 son; 20 (7) include the expiration date of the T–U 21 Pass; and 22 (8) include any additional features the Sec- 23 retary determines is necessary. 24 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 7 •HR 5152 IH SEC. 7. PROOF OF ELIGIBILITY. 1 An individual seeking a T–U Pass must provide to 2 the public transportation agency— 3 (1) proof of the basis of at least one ground of 4 eligibility described section 4; and 5 (2) documentation the Secretary determines is 6 necessary to support the basis of eligibility. 7 SEC. 8. APPLICATION AND SELECTION. 8 The Secretary shall award grants on a competitive 9 basis and may require that an application from a public 10 transportation agency be submitted in a prescribed form 11 and manner and that it contains specified agreements, as- 12 surances, and information. 13 SEC. 9. AMOUNT OF REIMBURSEMENT TO TRANSIT AGEN- 14 CIES. 15 (a) IN GENERAL.—Grants made pursuant to the pro- 16 gram shall be used only to reimburse a public transpor- 17 tation agency for the cost of providing a T–U Pass. 18 (b) AMOUNT OF REIMBURSEMENT.—A public trans- 19 portation agency shall be eligible to receive reimbursement 20 for each T–U Pass at the cost charged for a monthly, flat- 21 rate, unlimited transportation pass. 22 (c) EXCEPTION FOR DISCOUNTED MONTHLY 23 PASSES.—If an eligible individual is eligible for a reduced- 24 cost monthly, flat-rate, unlimited transportation pass for 25 reasons including disability or age, the public transpor- 26 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 8 •HR 5152 IH tation agency shall be eligible to receive compensation 1 equaling the cost of such reduced-cost pass. 2 SEC. 10. REPORTS FROM AGENCIES. 3 A public transportation agency receiving a grant 4 under this Act shall provide to the Secretary an annual 5 report explaining— 6 (1) the agency’s plan to annually verify the eli- 7 gibility of holders of a T–U Pass; and 8 (2) the number of T–U Passes that have been 9 terminated pursuant to section 11. 10 SEC. 11. TERMINATION OF BENEFITS UNDER CERTAIN CIR- 11 CUMSTANCES. 12 (a) FRAUD AND SALE.—The Secretary shall establish 13 procedures for termination of a T–U Pass if— 14 (1) an individual obtains or uses the T–U Pass 15 fraudulently; or 16 (2) an individual sells, distributes, or provisions 17 the T–U Pass to an individual other than the indi- 18 vidual to whom the T–U Pass was provided. 19 (b) PROCEDURES.—The procedures required by sub- 20 section (a) shall include notice, opportunity for hearing, 21 and civil monetary penalties. 22 SEC. 12. RULE OF CONSTRUCTION. 23 Nothing in this Act shall be construed to limit any 24 other programs that are sponsored by public transpor- 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 9 •HR 5152 IH tation agencies to provide free transportation to eligible 1 individuals. 2 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 3 There are authorized to be appropriated 4 $1,000,000,000, to be available under expended, for fiscal 5 year 2021 and each fiscal year thereafter. 6 SEC. 14. DEFINITIONS. 7 In this Act: 8 (1) DEPENDENT.—The term ‘‘dependent’’ has 9 the meaning given such term in section 152 of the 10 Internal Revenue Code of 1986, except that the term 11 also includes an individual who is not a citizen or 12 national of the United States if such individual 13 would otherwise be considered a dependent pursuant 14 to such section if such individual were a citizen or 15 national of the United States. 16 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 17 individual’’ means an individual described in section 18 4. 19 (3) GENERAL TRANSPORTATION SERVICE.—The 20 term ‘‘general transportation service’’ means a 21 transportation service that is subject to the same 22 base fare established by the transportation agency 23 for local or general service. 24 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 10 •HR 5152 IH (4) LOW-INCOME INDIVIDUAL.—The term ‘‘low- 1 income individual’’ means, with respect to any cal- 2 endar year, any individual who lives in a household 3 that has a gross income that does not exceed 300 4 percent of the poverty line, as defined in section 5 673(2) of the Community Services Block Grant Act 6 (42 U.S.C. 9902(2)). 7 (5) MEANS-TESTED BENEFIT.—The term 8 ‘‘means-tested benefit’’ means a mandatory spending 9 program of the Federal Government for which, as 10 determined by the Secretary, eligibility for the pro- 11 gram’s benefits, or the amount of such benefits, is 12 determined on the basis of income or resources of 13 the individual or family seeking the benefit. 14 (6) PARATRANSIT SERVICES.—The term ‘‘para- 15 transit services’’ means service to individuals with 16 disabilities that is comparable to the level of service 17 provided to individuals without disabilities who use 18 routes operated by the public transportation agency. 19 (7) PREMIUM TRANSPORTATION SERVICE.—The 20 term ‘‘premium transportation service’’ means a 21 transportation service that is not a general transpor- 22 tation service. 23 (8) PROGRAM.—The term ‘‘program’’ means 24 the grant program established pursuant to section 2. 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS 11 •HR 5152 IH (9) REASONABLY ACCESSIBLE.—The term ‘‘rea- 1 sonably accessible’’ means, with respect to a trans- 2 portation access point, a transportation access point 3 within one-half mile of the eligible individual’s prin- 4 cipal place of residence. 5 (10) SECRETARY.—The term ‘‘Secretary’’ 6 means the Secretary of Transportation. 7 (11) T–U PASS.—The term ‘‘T–U Pass’’ means 8 the unlimited transportation pass established pursu- 9 ant to the program. 10 (12) TRANSPORTATION ACCESS POINT.—The 11 term ‘‘transportation access point’’ means a bus 12 stop, a train, subway, or rail station, or any similar 13 fixed infrastructure used by passengers to embark 14 and disembark mass-transit service. 15 Æ VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H5152.IH H5152 kjohnson on DSK79L0C42 with BILLS