I 

115TH CONGRESS 

2D SESSION H. R. 5542 

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 

APRIL 17, 2018 

Ms. VELA ́ZQUEZ (for herself, Mr. CROWLEY, Mr. SERRANO, Mr. ESPAILLAT, 

Mr. NADLER, and Mr. ENGEL) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transportation Equity Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. Applications submitted by transportation agencies. 

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. 

1 SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. 

2 The Secretary of Transportation shall establish a 

3 program to reimburse eligible public transportation agen4 cies that provide eligible individuals a free unlimited trans5 portation pass (to be known as a ‘‘T–U Pass’’). 

6 SEC. 3. ELIGIBLE AGENCIES. 

7 A public transportation agency is eligible to partici8 pate in the program if the agency— 

9 (1) at the time of application, receives funds 

10 pursuant to the surface transportation block grant 

11 program described in section 133 of title 23, United 

12 States Code; 

13 (2) for each year beginning in the year that is 

14 five years before the date of application, has received 

15 funding for public transportation projects pursuant 

16 to programs described in chapter 53 of title 49, 

17 United States Code; 


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1 (3) provides a monthly, flat-rate, unlimited 

2 transportation pass for purchase by any individual; 

3 and 

4 (4) agrees to establish a separate T–U Pass for 

5 eligible individuals. 

6 SEC. 4. ELIGIBLE INDIVIDUALS. 

7 The following individuals are eligible to receive a free 

8 T–U Pass: 

9 (1) An individual aged 60 and older. 

10 (2) An individual with a disability (as defined 

11 in section 3 of the Americans with Disabilities Act 

12 of 1990 (42 U.S.C. 12102)). 

13 (3) An individual who receives a means-tested 

14 benefit, as determined by the Secretary. 

15 (4) A low-income individual (as defined in this 

16 Act). 

17 (5) The spouse of an individual described in 

18 paragraphs (1) through (4) who lives with such indi19 vidual. 

20 (6) The unmarried dependent of an individual 

21 described in paragraphs (1) through (4) who lives 

22 with such individual. 


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1 SEC. 5. ELIGIBLE SERVICES AND REQUIREMENTS. 

2 (a) IN GENERAL.—Subject to subsection (b), a T– 

3 U Pass shall only provide general transportation services 

4 and not premium transportation services. 

5 (b) EXCEPTION FOR CERTAIN INDIVIDUALS.—A pub6 lic transportation agency may seek a waiver from the Sec7 retary to provide a T–U Pass that provides premium 

8 transportation services to an eligible individual who the 

9 transit agency determines— 

10 (1) has no access to reasonably accessible trans11 portation access points and is not eligible for para12 transit transportation services; or 

13 (2) is disabled and whose principal place of res14 idence, primary or specialist medical facilities, edu15 cational facilities, or place of employment is not 

16 within one-half mile of a transportation access point 

17 that contains the necessary infrastructure for the in18 dividual to use public transportation. 

19 (c) T–U PASS REQUIREMENTS.—A T–U Pass shall 

20 provide unlimited access to public transportation and shall 

21 be valid for all schedules, times, and periods the transpor22 tation agency offers service. 

23 (d) AUTOMATIC MONTHLY LOADING CAPABILITY OF

24 TRANSPORTATION BENEFITS.—A T–U Pass shall— 


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1 (1) be able to receive funds remotely or be load2 ed with funds automatically on the first day of each 

3 calendar month; and 

4 (2) make such funds available upon entrance or 

5 boarding at the first transportation access point on 

6 the first day the T–U Pass is used in such month. 

7 (e) WAIVER FOR CERTAIN PUBLIC TRANSPORTATION

8 AGENCIES.—The Secretary may waive a requirement 

9 under subsection (d) if the Secretary determines that— 

10 (1) a public transportation agency cannot meet 

11 such requirement because of infrastructure limita12 tions, cost inefficiencies, inability to finance, or un13 available technology; and 

14 (2) the transportation agency provides a T–U 

15 Pass that— 

16 (A) only functions at entry and exit points 

17 of the transit system; or 

18 (B) only permits transactions of transpor19 tation-related expenses at facilities operated by 

20 the transportation agency, including— 

21 (i) booths or automated vending ma22 chines at transportation access points oper23 ated by the transit agency; 

24 (ii) telephone or online interfaces op25 erated by the transit agencies; and 


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1 (iii) additional facilities as determined 

2 by the Secretary. 

3 (f) ROLLOVER PROHIBITED.—Any funds that are 

4 disbursed to a T–U Pass shall be surrendered if not used 

5 in the course of the month for which such benefits were 

6 provided. 

7 (g) PROHIBITION OF DUPLICATIVE TRANSPOR8 TATION BENEFITS.—Grants made pursuant to the pro9 gram shall not be used to reimburse more than one T– 

10 U Pass per individual. 

11 SEC. 6. FEATURES OF T–U PASS. 

12 (a) EXPIRATION.—Subject to section 11, a T–U Pass 

13 expires one year after issuance, and a public transpor14 tation agency may not terminate the validity of the T– 

15 U Pass until the date of expiration regardless of whether 

16 the individual continues to be eligible under section 4 of 

17 this Act. 

18 (b) DESIGN.—A public transportation agency receiv19 ing a grant pursuant to the program shall select a design 

20 that distinguishes the T–U Pass from other passes. The 

21 T–U Pass shall— 

22 (1) be a card, ticket, or voucher; 

23 (2) include the words ‘‘Photo ID T–U Pass’’ on 

24 the front and back; 


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1 (3) include the words ‘‘If found, please return 

2 to’’ immediately followed by the address of the 

3 issuing office of the transportation agency; 

4 (4) include a photo of the person to whom the 

5 T–U Pass was provided; 

6 (5) include a seal with the logo of the transpor7 tation agency; 

8 (6) include the full name of such eligible per9 son; 

10 (7) include the expiration date of the T–U 

11 Pass; and 

12 (8) include any additional features the Sec13 retary determines is necessary. 

14 SEC. 7. PROOF OF ELIGIBILITY. 

15 An individual seeking a T–U Pass must provide to 

16 the public transportation agency— 

17 (1) proof of the basis of at least one ground of 

18 eligibility described section 4; and 

19 (2) documentation the Secretary determines is 

20 necessary to support the basis of eligibility. 

21 SEC. 8. APPLICATION AND SELECTION. 

22 The Secretary shall award grants on a competitive 

23 basis and may require that an application from a public 

24 transportation agency be submitted in a prescribed form 


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1 and manner and that it contains specified agreements, as2 surances, and information. 

3 SEC. 9. AMOUNT OF REIMBURSEMENT TO TRANSIT AGEN4 CIES. 

5 (a) IN GENERAL.—Grants made pursuant to the pro6 gram shall be used only to reimburse a public transpor7 tation agency for the cost of providing a T–U Pass. 

8 (b) AMOUNT OF REIMBURSEMENT.—A public trans9 portation agency shall be eligible to receive reimbursement 

10 for each T–U Pass at the cost charged for a monthly, flat11 rate, unlimited transportation pass. 

12 (c) EXCEPTION FOR DISCOUNTED MONTHLY

13 PASSES.—If an eligible individual is eligible for a reduced14 cost monthly, flat-rate, unlimited transportation pass for 

15 reasons including disability or age, the public transpor16 tation agency shall be eligible to receive compensation 

17 equaling the cost of such reduced-cost pass. 

18 SEC. 10. REPORTS FROM AGENCIES. 

19 A public transportation agency receiving a grant 

20 under this Act shall provide to the Secretary an annual 

21 report explaining— 

22 (1) the agency’s plan to annually verify the eli23 gibility of holders of a T–U Pass; and 

24 (2) the number of T–U Passes that have been 

25 terminated pursuant to section 11. 


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1 SEC. 11. TERMINATION OF BENEFITS UNDER CERTAIN CIR2 CUMSTANCES. 

3 (a) FRAUD AND SALE.—The Secretary shall establish 

4 procedures for termination of a T–U Pass if— 

5 (1) an individual obtains or uses the T–U Pass 

6 fraudulently; or 

7 (2) an individual sells, distributes, or provisions 

8 the T–U Pass to an individual other than the indi9 vidual to whom the T–U Pass was provided. 

10 (b) PROCEDURES.—The procedures required by sub11 section (a) shall include notice, opportunity for hearing, 

12 and civil monetary penalties. 

13 SEC. 12. RULE OF CONSTRUCTION. 

14 Nothing in this Act shall be construed to limit any 

15 other programs that are sponsored by public transpor16 tation agencies to provide free transportation to eligible 

17 individuals. 

18 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as may be necessary to carry out this Act. 

21 SEC. 14. DEFINITIONS. 

22 In this Act: 

23 (1) DEPENDENT.—The term ‘‘dependent’’ has 

24 the meaning given such term in section 152 of the 

25 Internal Revenue Code of 1986, except that the term 

26 also includes an individual who is not a citizen or 


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1 national of the United States if such individual 

2 would otherwise be considered a dependent pursuant 

3 to such section if such individual were a citizen or 

4 national of the United States. 

5 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

6 individual’’ means an individual described in section 

7 4. 

8 (3) GENERAL TRANSPORTATION SERVICE.—The 

9 term ‘‘general transportation service’’ means a 

10 transportation service that is subject to the same 

11 base fare established by the transportation agency 

12 for local or general service. 

13 (4) LOW-INCOME INDIVIDUAL.—The term ‘‘low14 income individual’’ means, with respect to any cal15 endar year, any individual who lives in a household 

16 that has a gross income that does not exceed 300 

17 percent of the poverty line, as defined in section 

18 673(2) of the Community Services Block Grant Act 

19 (42 U.S.C. 9902(2)). 

20 (5) MEANS-TESTED BENEFIT.—The term 

21 ‘‘means-tested benefit’’ means a mandatory spending 

22 program of the Federal Government for which, as 

23 determined by the Secretary, eligibility for the pro24 gram’s benefits, or the amount of such benefits, is 


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1 determined on the basis of income or resources of 

2 the individual or family seeking the benefit. 

3 (6) PARATRANSIT SERVICES.—The term ‘‘para4 transit services’’ means service to individuals with 

5 disabilities that is comparable to the level of service 

6 provided to individuals without disabilities who use 

7 routes operated by the public transportation agency. 

8 (7) PREMIUM TRANSPORTATION SERVICE.—The 

9 term ‘‘premium transportation service’’ means a 

10 transportation service that is not a general transpor11 tation service. 

12 (8) PROGRAM.—The term ‘‘program’’ means 

13 the grant program established pursuant to section 2. 

14 (9) REASONABLY ACCESSIBLE.—The term ‘‘rea15 sonably accessible’’ means, with respect to a trans16 portation access point, a transportation access point 

17 within one-half mile of the eligible individual’s prin18 cipal place of residence. 

19 (10) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Transportation. 

21 (11) T-U PASS.—The term ‘‘T–U Pass’’ means 

22 the unlimited transportation pass established pursu23 ant to the program. 

24 (12) TRANSPORTATION ACCESS POINT.—The 

25 term ‘‘transportation access point’’ means a bus 


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1 stop, a train, subway, or rail station, or any similar 

2 fixed infrastructure used by passengers to embark 

3 and disembark mass-transit service. 

Æ 


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