[Congressional Record Volume 149, Number 61 (Monday, April 28, 2003)]
[Senate]
[Pages S5435-S5436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Hollings, Mrs. Hutchison, Mr. 
        Smith, Ms. Snowe, Mr. Breaux, and Mr. Lautenberg):
  S. 929. A bill to direct the Secretary of Transportation to make 
grants for security improvements to over-the-road bus operations, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined today by 
Senators Hollings, Hutchison, Lautenberg, Smith, and Snowe in 
introducing the Over-the-Road Bus Security and Safety Act of 2003. The 
purpose of the bill is to provide funding assistance for security 
improvements to the intercity bus industry. The legislation is the 
bipartisan product of work that occurred during the last Congress under 
the leadership of Senator Max Cleland.
  Since the terrorist attacks on September 11, 2001, Congress and the 
Administration have taken extraordinary steps to improve security. We 
have enacted the Homeland Security Act, which consolidated 22 agencies 
in a new Department of Homeland Security. We also have enacted the 
Aviation and Transportation Security Act, ATSA, which closed security 
gaps at our nation's airports and largely transferred the 
responsibilities of the security of air transportation to the federal 
government. In addition, we've enacted the Maritime Transportation 
Security Act, MTSA, which, for the first time ever, established a 
framework for security at our nation's maritime ports. Yet, much 
remains to be done as we work to identify and close security gaps.
  As we have witnessed in other countries, bus transportation can be 
the target of terrorist attacks. This is further evidenced by the fact 
that terminals that have already implemented a passenger screening 
process have seen a rise in discarded weapons in bus stations. In our 
view, facility improvements and baggage screening efforts

[[Page S5436]]

would be a significant step to improving bus security.
  Therefore, the bill we are introducing today authorizes $35 million 
for fiscal year 2003 and $99 million for fiscal year 2004 to fund an 
intercity bus security grant program that would be administered by the 
Secretary of Transportation. It would include a matching requirement 
that recipients of federal grants fund 10 percent of the security 
improvement expenses.
  Already, $15 million was appropriated for bus security grants in the 
fiscal year 2002 Supplemental Appropriations Act and another $10 
million was appropriated in the fiscal year 2003 Omnibus Appropriations 
Act. This bill, if enacted, will authorize the funding already 
appropriated, along with an authorization of $99 million for fiscal 
year 2004 and, in turn, give Congress time to further study existing 
and future needs for bus transportation security and determine what, if 
any, changes should be made to the program.
  The bill will help improve bus security by authorizing grants for 
security improvements at terminals; for the installation of 
surveillance equipment; for improvements to protect or isolate the 
driver; and for other specified improvements. The legislation also 
would require the Department of Transportation to complete a 
preliminary report assessing the adequacy of over-the-road bus security 
and determine what, if any, additional steps should be taken to improve 
bus security.
  There have been several well-publicized bus accidents since September 
11, 2001, including an accident on October 3, 2001, that involved an 
attack on the driver and claimed seven lives. Passing this measure will 
allow Congress to take short-term action that will have a beneficial 
effect on the security of the bus industry and does not preclude 
consideration of longer-term security policy considerations.
  Efforts to pass similar legislation is also underway in the House of 
Representatives, where the House Committee on Transportation and 
Infrastructure, under Chairman Young's leadership, has already reported 
legislation to be considered by the full House.
  I want to thank Senators Hollings, Hutchison, Breaux, Lautenberg, 
Smith, and Snowe for joining me in this effort. I look forward to 
working with all members to move this legislation forward.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 929

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Over-the-Road Bus Security 
     and Safety Act of 2003''.

     SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

       (a) In General.--The Secretary of Transportation, acting 
     through the Administrator of the Federal Motor Carrier Safety 
     Administration, shall establish a program for making grants 
     to private operators of over-the-road buses for system-wide 
     security improvements to their operations, including--
       (1) constructing and modifying terminals, garages, 
     facilities, or over-the-road buses to assure their security;
       (2) protecting or isolating the driver;
       (3) acquiring, upgrading, installing, or operating 
     equipment, software, or accessorial services for collection, 
     storage, or exchange of passenger and driver information 
     through ticketing systems or otherwise, and information links 
     with government agencies;
       (4) training employees in recognizing and responding to 
     security threats, evacuation procedures, passenger screening 
     procedures, and baggage inspection;
       (5) hiring and training security officers;
       (6) installing cameras and video surveillance equipment on 
     over-the-road buses and at terminals, garages, and over-the-
     road bus facilities;
       (7) creating a program for employee identification or 
     background investigation;
       (8) establishing an emergency communications system linked 
     to law enforcement and emergency personnel; and
       (9) implementing and operating passenger screening programs 
     at terminals and on over-the-road buses.
       (b) Reimbursement.--A grant under this Act may be used to 
     provide reimbursement to private operators of over-the-road 
     buses for extraordinary security-related costs for 
     improvements described in paragraphs (1) through (9) of 
     subsection (a), determined by the Secretary to have been 
     incurred by such operators since September 11, 2001.
       (c) Federal Share.--The Federal share of the cost for which 
     any grant is made under this Act shall be 90 percent.
       (d) Due Consideration.--In making grants under this Act, 
     the Secretary shall give due consideration to private 
     operators of over-the-road buses that have taken measures to 
     enhance bus transportation security from those in effect 
     before September 11, 2001.
       (e) Grant Requirements.--A grant under this Act shall be 
     subject to all the terms and conditions that a grant is 
     subject to under section 3038(f) of the Transportation Equity 
     Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
     393).

     SEC. 3. PLAN REQUIREMENT.

       (a) In General.--The Secretary may not make a grant under 
     this Act to a private operator of over-the-road buses until 
     the operator has first submitted to the Secretary--
       (1) a plan for making security improvements described in 
     section 2 and the Secretary has approved the plan; and
       (2) such additional information as the Secretary may 
     require to ensure accountability for the obligation and 
     expenditure of amounts made available to the operator under 
     the grant.
       (b) Coordination.--To the extent that an application for a 
     grant under this section proposes security improvements 
     within a specific terminal owned and operated by an entity 
     other than the applicant, the applicant shall demonstrate to 
     the satisfaction of the Secretary that the applicant has 
     coordinated the security improvements for the terminal with 
     that entity.

     SEC. 4. OVER-THE-ROAD BUS DEFINED.

       In this Act, the term ``over-the-road bus'' means a bus 
     characterized by an elevated passenger deck located over a 
     baggage compartment.

     SEC. 5. BUS SECURITY ASSESSMENT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a preliminary report in accordance with the 
     requirements of this section.
       (b) Contents of Preliminary Report.--The preliminary report 
     shall include--
       (1) an assessment of the over-the-road bus security grant 
     program;
       (2) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities and recommendations on whether additional safety and 
     security enforcement actions are needed;
       (3) an assessment of whether additional legislation is 
     needed to provide for the security of Americans traveling on 
     over-the-road buses;
       (4) an assessment of the economic impact that security 
     upgrades of buses and bus facilities may have on the over-
     the-road bus transportation industry and its employees;
       (5) an assessment of ongoing research and the need for 
     additional research on over-the-road bus security, including 
     engine shut-off mechanisms, chemical and biological weapon 
     detection technology, and the feasibility of 
     compartmentalization of the driver; and
       (6) an assessment of industry best practices to enhance 
     security.
       (c) Consultation With Industry, Labor, and Other Groups.--
     In carrying out this section, the Secretary shall consult 
     with over-the-road bus management and labor representatives, 
     public safety and law enforcement officials, and the National 
     Academy of Sciences.

     SEC. 6. FUNDING.

       There are authorized to be appropriated to the Secretary of 
     Transportation to carry out this Act $35,000,000 for fiscal 
     year 2003 and $99,000,000 for fiscal year 2004. Such sums 
     shall remain available until expended.

                          ____________________