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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Move Act’’. 

5 SEC. 2. PURPOSE. 

6 The purposes of this Act are— 

7 (1) to invest in the efforts of States, counties, 

8 and local municipalities to provide fare-free public 

9 transportation; and 


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1 (2) to support States, counties, and local mu2 nicipalities in improving and expanding access to 

3 safe, accessible, and reliable mass transit systems in 

4 order to improve the livability of communities. 

5 SEC. 3. FINDINGS. 

6 Congress finds the following: 

7 (1) Increasing access to safe, reliable, and af8 fordable public transit systems, including buses, 

9 light rail, and subways can help increase community 

10 livability and access to critical services such as edu11 cation, jobs, and healthcare. 

12 (2) The cost of transit fares can act as a chal13 lenging economic barrier for low-income individuals 

14 and families who are most likely to rely on public 

15 transportation to access critical services and must 

16 spend larger parts of their household budget on 

17 transportation services. Removing economic barriers 

18 to safe, reliable, and affordable public transit can 

19 help to increase social and economic mobility by in20 creasing access to education, training, and employ21 ment. 

22 (3) Individuals with disabilities are twice as 

23 likely as those without disabilities to have inadequate 

24 access to safe, affordable, and reliable transpor25 tation. Reports have found that of the nearly 


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1 2,000,000 people with disabilities who are unable to 

2 leave their homes, nearly 30 percent are unable to 

3 do so due to a lack of adequate transportation. 

4 (4) As the senior population continues to grow, 

5 an increasing number of elderly adults depend on 

6 public transit to access medical care and other vital 

7 services. Additionally, the percentage of 13- to 34- 

8 year-olds without a driver’s license continues to 

9 grow. Taken together, these trends show the unprec10 edented urgency of investing in and improving the 

11 public transit systems of the United States. 

12 (5) According to the Department of Transpor13 tation, transportation accounts for 29 percent of 

14 greenhouse gas emissions in the United States. Pub15 lic transportation, however, produces significantly 

16 lower greenhouse gas emissions per passenger mile 

17 than transportation by private vehicles. Increasing 

18 public transit ridership and moving more people to 

19 and from critical services with fewer vehicles on the 

20 road can reduce greenhouse gas emissions. 

21 (6) Eliminating transit fares and significantly 

22 reducing economic barriers to public transit will help 

23 to reduce the need for fare evasion policies that dis24 proportionately criminalize low-income individuals 

25 and people of color. 


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1 SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ELIGIBLE ENTITY.—In this section, the 

4 term ‘‘eligible entity’’ means— 

5 (A) a State, a political subdivision of a 

6 State, or an Indian Tribe; 

7 (B) a transit agency; 

8 (C) a private nonprofit organization en9 gaged in public transportation in a rural area; 

10 or 

11 (D) a partnership between 2 or more enti12 ties described in subparagraphs (A) through 

13 (C). 

14 (2) FOSTER CARE YOUTH.—The term ‘‘foster 

15 care youth’’— 

16 (A) means children and youth whose care 

17 and placement are the responsibility of the 

18 State or Tribal agency that administers a State 

19 or Tribal plan under part B or E of title IV of 

20 the Social Security Act (42 U.S.C. 621 et seq. 

21 and 670 et seq.), without regard to whether fos22 ter care maintenance payments are made under 

23 section 472 of that Act (42 U.S.C. 672) on be24 half of such children and youth; and 

25 (B) includes individuals who were age 13 

26 or older when their care and placement were 


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1 the responsibility of a State or Tribal agency 

2 that administered a State or Tribal plan under 

3 part B or E of title IV of the Social Security 

4 Act (42 U.S.C. 621 et seq. and 670 et seq.) 

5 and who are no longer under the care and re6 sponsibility of such a State or Tribal agency, 

7 without regard to any such individual’s subse8 quent adoption, guardianship arrangement, or 

9 other form of permanency outcome. 

10 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 means an Indian tribe, as that term is used in chap12 ter 53 of title 49, United States Code. 

13 (4) LOW-INCOME INDIVIDUAL.—The term ‘‘low14 income individual’’ means an individual whose family 

15 income is at or below 150 percent of the poverty line 

16 (as that term is defined in section 673(2) of the 

17 Community Services Block Grant Act (42 U.S.C. 

18 9902(2)), including any revision required by that 

19 section) for a family of the size involved. 

20 (5) MASS TRANSIT; PUBLIC TRANSIT; TRAN21 SIT.—The terms ‘‘mass transit’’, ‘‘public transit’’, 

22 and ‘‘transit’’ mean public transportation. 

23 (6) PUBLIC TRANSPORTATION.—The term 

24 ‘‘public transportation’’— 


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1 (A) means regular, continuing shared-ride 

2 surface transportation services that are open to 

3 the general public or open to a segment of the 

4 general public defined by age, disability, or low 

5 income; and 

6 (B) does not include— 

7 (i) intercity passenger rail transpor8 tation provided by the entity described in 

9 chapter 243 of title 49, United States 

10 Code (or a successor to that entity); 

11 (ii) intercity bus service; 

12 (iii) charter bus service; 

13 (iv) school bus service; 

14 (v) sightseeing service; 

15 (vi) courtesy shuttle service for pa16 trons of one or more specific establish17 ments; or 

18 (vii) intra-terminal or intra-facility 

19 shuttle services. 

20 (7) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Transportation. 

22 (8) STATE.—The term ‘‘State’’ has the mean23 ing given the term in section 5302 of title 49, 

24 United States Code. 


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1 (9) UNDERSERVED COMMUNITY.—The term 

2 ‘‘underserved community’’ means— 

3 (A) a community that— 

4 (i) is not served by any existing bus 

5 route; or 

6 (ii) receives infrequent bus service; 

7 and 

8 (B) a community located in an area within 

9 a census tract that is identified as— 

10 (i) a low-income community; and 

11 (ii) a community of color. 

12 (b) GRANTS AUTHORIZED.—Not later than 360 days 

13 after the date of enactment of this Act, the Secretary shall 

14 award grants (which shall be known as ‘‘Freedom to Move 

15 Grants’’) to eligible entities, on a competitive basis, to 

16 cover the lost fare revenue for fare-free public transpor17 tation and improve public transportation. 

18 (c) APPLICATION.—To be eligible to receive a grant 

19 under this section, an eligible entity shall submit to the 

20 Secretary an application at such time, in such manner, 

21 and containing such information as the Secretary may re22 quire, including, at a minimum, the following: 

23 (1) A description of how the eligible entity 

24 plans to implement fare-free transit access. 


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1 (2) A description of how the eligible entity will 

2 work to expand and improve bus service, which may 

3 include— 

4 (A) a bus network redesign; 

5 (B) how the bus network redesign will 

6 prioritize consistent and reliable service for low7 income and underserved communities; 

8 (C) how the bus network redesign will 

9 prioritize connectivity to critical services and 

10 improve community livability; and 

11 (D) how the eligible entity will meaning12 fully consult with members of the community, 

13 community leaders, local stakeholders and advo14 cates (including transit advocates and disability 

15 advocates), local education agencies and institu16 tions of higher education, community devel17 opers, labor unions, public housing agencies, 

18 and workforce development boards, while facili19 tating the bus network redesign. 

20 (3) A description of how the eligible entity will 

21 meaningfully partner and collaborate with members 

22 of the community, community leaders, local stake23 holders and advocates (including transit advocates 

24 and disability advocates), local education agencies 

25 and institutions of higher education, community deVerDate Sep 11 2014 05:35 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4278.IS S4278

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1 velopers, labor unions, public housing agencies and 

2 workforce development boards to support outreach 

3 efforts to increase awareness of fare-free transit pro4 grams, including fare-free bus programs. 

5 (4) A description of the eligible entity’s equity 

6 evaluation examining any equity and mobility gaps 

7 within each transit system operated by the eligible 

8 entity or within the geographic area under the juris9 diction of the eligible entity, and how the eligible en10 tity plans to significantly close those gaps, includ11 ing— 

12 (A) the average commute time for driver 

13 commuters and non-driver commuters; 

14 (B) public transit ridership rates 

15 disaggregated by— 

16 (i) mode of transportation; and 

17 (ii) demographic group, including 

18 youth (including foster care youth), sen19 iors, individuals with disabilities, and low20 income individuals; and 

21 (C) average length of bus routes and aver22 age delay times. 

23 (5) A description of the eligible entity’s fare 

24 evasion enforcement policies, including— 


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1 (A) the cost of the fine, if any, and wheth2 er the infraction is considered a civil offense or 

3 a criminal offense punishable by imprisonment; 

4 (B) the number of individuals charged with 

5 violating a fare evasion policy, disaggregated by 

6 age, race, gender, and disability status; and 

7 (C) how the eligible entity plans to elimi8 nate fare evasion policies and end the criminal9 ization of individuals evading fares. 

10 (6) An estimate of additional costs that the eli11 gible entity will incur as a result of increased rider12 ship, including— 

13 (A) fuel costs; 

14 (B) personnel costs; 

15 (C) maintenance costs; and 

16 (D) other operational costs. 

17 (7) Information and statistics on assaults on 

18 transit employees and a description of each training 

19 or policy used or intended to be used to protect em20 ployees, which may include de-escalation training. 

21 (d) DURATION.—A grant awarded under this section 

22 shall be for a 5-year period. 

23 (e) SELECTION OF ELIGIBLE ENTITIES.—In carrying 

24 out the grant program under this section, the Secretary 


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1 shall award grants to eligible entities located in both rural 

2 and urbanized areas. 

3 (f) USES OF FUNDS.—An eligible entity that receives 

4 a grant under this section shall use the grant to support— 

5 (1) implementing a fare-free transit program; 

6 and 

7 (2) efforts to improve public transportation, 

8 particularly in underserved communities, including 

9 costs associated with efforts to provide more safe, 

10 frequent, and reliable bus service, including— 

11 (A) bus stop safety and accessibility im12 provements; 

13 (B) pedestrian and bike shelters; 

14 (C) signage; 

15 (D) painted bus lanes; 

16 (E) signal priority systems; 

17 (F) street redesign; 

18 (G) operational costs to meet demands of 

19 increased ridership, including hiring and train20 ing of personnel; and 

21 (H) conducting a bus network redesign. 

22 (g) REPORT.— 

23 (1) IN GENERAL.—Not later than 3 years after 

24 the date on which funds are made available to carry 

25 out this section, the Secretary shall— 


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1 (A) collect data from each eligible entity 

2 receiving a grant under this section on the 

3 progress of the entity in meeting the targets de4 scribed in the application of the entity; and 

5 (B) publish and submit to Congress a re6 port containing the data collected under sub7 paragraph (A). 

8 (2) REQUIREMENTS.—The report required 

9 under paragraph (1) shall— 

10 (A) include data on demographics of com11 munities served under this section, 

12 disaggregated and cross-tabulated by— 

13 (i) race; 

14 (ii) ethnicity; 

15 (iii) sex; and 

16 (iv) household median income; and 

17 (B) assess the progress of eligible entities 

18 towards significantly closing transit equity and 

19 mobility gaps as described in subsection (c)(4). 

20 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $5,000,000,000 for each of fiscal years 2021 through 

23 2025. 

Æ 


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