[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 20377-20378]
[From the U.S. Government Publishing Office, www.gpo.gov]




     MAX CLELAND OVER-THE-ROAD BUS SECURITY AND SAFETY ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 210, S. 929.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 929) to direct the Secretary of Transportation 
     to make grants for security improvements to over-the-road bus 
     operations, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:

       [Strike the parts shown in black brackets and insert the 
     parts shown in italic.]

                                 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 ``Max Cleland 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,] 
     Homeland Security acting through the Administrator of the 
     [Federal Motor Carrier Safety Administration,] Transportation 
     Security 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] 
     Homeland Security shall transmit to the Committee on

[[Page 20378]]

     Commerce, Science, and Transportation of the [Senate and] 
     Senate, the Committee on Transportation and Infrastructure of 
     the House of [Representatives] Representatives, and the 
     Select Committee on Homeland Security 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] Homeland Security to carry out this Act 
     [$35,000,000] $25,000,000 for fiscal year 2003 and 
     $99,000,000 for fiscal year 2004. Such sums shall remain 
     available until expended.

  Mr. FRIST. Mr. President, I ask unanimous consent that the committee-
reported amendments be agreed to; the bill, as amended, be read a third 
time and passed; the motion to reconsider be laid upon the table; and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 929), as amended, was read the third time and passed, 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 ``Max Cleland 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 Homeland Security acting 
     through the Administrator of the Transportation Security 
     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 Homeland Security 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Select Committee on Homeland Security 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 
     Homeland Security to carry out this Act $25,000,000 for 
     fiscal year 2003 and $99,000,000 for fiscal year 2004. Such 
     sums shall remain available until expended.

                          ____________________