[House Report 108-36]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-36
======================================================================
 
           OVER-THE-ROAD BUS SECURITY AND SAFETY ACT OF 2003

                                _______
                                

 March 13, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 875]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 875) to direct the Secretary of 
Transportation to make grants for security improvements of 
over-the-road bus operations, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          BACKGROUND AND NEED

    The latest figures from the American Bus Association 
demonstrates that the over-the-road bus industry, comprised of 
private bus operators, transports 774 million passengers 
annually. The industry's 4,000 bus operators, using 40,000 
motor coaches, transport more passengers than the airlines or 
Amtrak. In addition, the intercity bus transportation industry 
serves nearly 5,000 destinations, more than 7 times the number 
served by air or Amtrak.
    Recent terrorist acts on foreign buses and bus stations 
demonstrate the necessity for bus security. In fact, an 
analysis of worldwide terrorist activities from 1920-2000 shows 
that 49 percent of terrorist attacks involve a bus or a bus 
facility. Moreover, as security on passenger rail and airlines 
increases, potential terrorists could shift to other modes of 
transportation for terrorist activities.
    In the wake of September 11th, the Committee on 
Transportation and Infrastructure reexamined the security 
safeguards for the modes within its jurisdiction. With 
increases in aviation and port security, the Subcommittee on 
Highways, Transit, and Pipelines recognized that bus travel 
could pose an attractive alternative mode for terrorists and 
criminals. Terminals that have already implemented a passenger 
screening process have seen a rise in discarded weapons in bus 
station's wastebaskets and property. Facility improvements and 
baggage screening are sure to become valuable security 
improvements when implemented.
    With so many Americans utilizing over-the-road buses to 
meet their transportation needs, it is necessary and 
appropriate for the federal government to utilize public 
resources to help satisfy the transportation security needs of 
the bus riding public, as well as provide incentives for 
increased private investment to enhance security.
    H.R. 875 authorizes $99 million for fiscal years 2003 and 
2004 to fund a bus security grant program administered by the 
Secretary of Transportation. Grants will be made to private 
operators of over-the-road buses for security improvements. The 
Secretary will act through the Federal Motor Carrier Safety 
Administration (FMCSA), the regulatory agency with oversight of 
the over-the-road bus industry, to establish the grant program. 
Currently, a total of $25 million in intercity bus grants has 
been provided to the Transportation Security Administration 
(TSA) without prior authorization by the fiscal year 2002 
Supplemental Appropriations bill and the fiscal year 2003 
Omnibus Appropriations Act. The Committee expects that the 
FMCSA will consult with the TSA on the administration of these 
and future intercity bus security grants, including determining 
eligibility, establishing evaluation criteria, selecting 
grantees, determining grant amounts and intended uses, and 
monitoring the subsequent use of funds provided under this 
program. Under the current Memorandum of Agreement between the 
Department of Transportation and the TSA, the partner agencies 
have agreed that they can enter into reimbursable or similar 
agreements. If it is mutually agreed between FMCSA and TSA, 
grant funds authorized in this bill may be transferred under 
this reimbursable agreement from DOT to TSA for administration 
of grants. However, regardless of whether the grants are 
administered by the FMCSA or by the TSA, all requirements and 
provisions of the authorization shall be fulfilled.

                                SUMMARY

Section 1. Short title

    This section states the bill title as ''Over-the-Road Bus 
Security and Safety Act of 2003''.

Section 2. Emergency over-the-road bus security assistance

    This section directs the Secretary of Transportation, 
acting through the Administrator of the FMCSA, to establish a 
program for making grants to private operators of over-the-road 
buses for system-wide security improvements to their 
operations, including the reimbursement of extraordinary 
security related costs incurred since September 11, 2001. 
Eligible uses include: constructing and modifying terminals, 
garages, facilities, and over-the-road buses to assure their 
security; improvements to protect or isolate the driver; 
upgrading, purchasing, or installing manifest or ticketing 
systems; hiring security officers; training employees; 
installing surveillance equipment; conducting employee 
background checks; establishing emergency communications 
systems; and implementing passenger screening programs. This 
section also makes clear that grants under this bill will 
adhere to the existing requirements for over-the-road bus 
operators under section 3038(f) of the Transportation Equity 
Act for the 21st Century. The federal share will be 90 percent 
of the cost of the improvement for which any grant is made.

Section 3. Plan requirement

    This section requires that over-the-road bus operators 
submit a plan to the Secretary prior to receiving grants. The 
plan must comply with the uses described within Section 2 and 
include any additional information the Secretary deems 
necessary to ensure the accountability of amounts made 
available through the grant program. This section also provides 
that an applicant for a grant for improvements at a terminal 
owned and operated by an entity other than the applicant must 
demonstrate to the Secretary that the improvements have been 
coordinated with the terminal's owner or operator.

Section 4. Over-the-road bus defined

    This section defines an over-the-road bus as a bus 
characterized by an elevated passenger deck located over a 
baggage compartment, consistent with the definition used in the 
Transportation Equity Act for the 21st Century.

Section 5. Bus security assessment

    This section directs the Secretary to submit a preliminary 
report within 180 days of enactment to the Senate Committee on 
Commerce, Science and Transportation and the House Committee on 
Transportation and Infrastructure. The report will include 
assessments of: the grant program established by the bill; 
actions taken by public and private entities to address 
security issues and recommendations on whether additional 
actions, including legislation, are needed; the economic impact 
of security upgrades on the over-the-road bus industry and its 
employees; ongoing and needed research on over-the-road bus 
security; and industry best practices to enhance security. In 
conducting the assessments, the Secretary is to consult with 
over-the-road bus management and labor representatives, public 
safety and law enforcement officials, and the National Academy 
of Sciences.

Section 6. Funding

    This section authorizes $99 million for the grant program 
for fiscal years 2003 and 2004 and provides that such sums 
shall remain available until expended.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 107th Congress, H.R. 3429, the Over-the-Road Bus 
Security and Safety Act of 2001, was introduced and considered 
by the House Transportation and Infrastructure Committee. On 
November 15, 2002, the bill, as amended, was passed by the 
House of Representatives and sent to the Senate. The Senate did 
not act on the legislation.
    The House-passed bill from the 107th Congress was 
reintroduced on February 25, 2003, and is now known as H.R. 
875. The only substantive changes in the bill were to amend its 
short title and extend the number of years for which funding 
was authorized through 2004. Subcommittee action on the bill 
was waived, and the Committee on Transportation and 
Infrastructure met in open markup session on February 26, 2003 
and approved H.R. 875 without amendment, by voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the bill contains no measure that 
authorizes funding, so no statement of general performance and 
objectives for which any measure authorizes funding is 
required.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 875 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 10, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 875, the Over-the-
Road Bus Security and Safety Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 875--Over-the-Road Bus Security and Safety Act of 2003

    Summary: H.R. 875 would authorize the Secretary of 
Transportation to provide grants to operators of over-the-road 
buses for improving the security of their buses and bus 
terminals. (Over-the-road buses are characterized by an 
elevated passenger deck above a baggage compartment.) For these 
grants, the bill would authorize the appropriation of $99 
million for fiscal years 2003 and 2004.
    CBO estimates that implementing H.R. 875 would cost $99 
million over the 2003-2007 period, assuming appropriation of 
the authorized amounts. Enacting H.R. 875 would not affect 
direct spending or receipts.
    H.R. 875 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 875 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation). For this estimate, CBO assumes that H.R. 875 
will be enacted in fiscal year 2003, and that the authorized 
amounts will be appropriated. We assume funds authorized for 
2003 will be provided in a supplemental appropriation. 
Estimates of outlays are based on information from the Federal 
Transit Administration and historical spending patterns of 
similar programs.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.......................................       50       49        0        0        0        0
Estimated Outlays.........................................        4       35       30       25        5        0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 875 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Rachel Milberg; Impact 
on State, Local, and Tribal Governments: Greg Waring; and 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 875 does not preempt 
any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

           CHANGES IN EXISTING LAW MADE THE BILL, AS REPORTED

    H.R. 875 makes no changes in existing law.

                                
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