[House Report 110-456]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-456

======================================================================



 
       OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY ACT OF 2007

                                _______
                                

 November 15, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3985]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3985) to amend title 49, United 
States Code, to direct the Secretary of Transportation to 
register a person providing transportation by an over-the-road 
bus as a motor carrier of passengers only if the person is 
willing and able to comply with certain accessibility 
requirements in addition to other existing requirements, and 
for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                       Purpose of the Legislation

    H.R. 3985, the ``Over-the-Road Bus Transportation 
Accessibility Act of 2007'', strengthens the ability of the 
Federal Motor Carrier Safety Administration (``FMCSA'') to 
monitor and enforce compliance with the Department of 
Transportation's over-the-road bus accessibility regulations.

                  Background and Need for Legislation

    Congress passed the Americans with Disabilities Act 
(``ADA'') in 1990 to expand and enhance opportunities for 
individuals with disabilities. Among its provisions, the ADA 
required the Department of Transportation (``DOT'') to 
promulgate regulations to ensure the accessibility of public 
transportation, passenger rail, and motorcoach transportation.
    DOT published a final rule in 1998 requiring vehicle 
modifications to intercity, charter, and tour buses to 
accommodate individuals with disabilities. These regulations 
apply to all private entities that provide transportation with 
an over-the-road bus (``OTRB''). The regulations required each 
large, fixed-route OTRB operator to ensure that 50 percent of 
the vehicles in its fleet consisted of accessible buses by 
October 2006, and the entire fleet consists of accessible buses 
by October 2012. Until the fleet of an OTRB operator becomes 
fully accessible, the operator must provide accessible service 
to passengers with disabilities on a 48-hour, advanced notice 
basis. The final rule also requires that each large, ``demand 
responsive'' OTRB operator, such as a charter or tour bus 
operator, provide service in an accessible motorcoach to 
passengers with disabilities on a 48-hour, advanced notice 
basis. Small, fixed-route and demand responsive OTRB operators 
are subject to less stringent requirements, and must provide 
service on a 48-hour, advanced notice basis or provide 
``equivalent service'', such as by passenger van.
    The Federal Motor Carrier Safety Administration (``FMCSA'') 
is the modal agency responsible for ensuring that the over-the-
road bus industry complies with DOT regulations. However, the 
agency interprets the motor carrier registration statute in a 
way that limits the agency's authority to enforce the OTRB 
accessibility regulations promulgated by DOT.
    On December 19, 2006, the United States Court of Appeals 
for the D.C. Circuit rejected FMCSA's assertion that the agency 
does not have discretion to interpret the law to allow FMCSA to 
consider compliance with ADA regulations in determining whether 
a bus company is fit to operate in interstate commerce. Peter 
Pan Bus Lines, Inc. v. Federal Motor Carrier Safety 
Administration, 471 F.3d 1350, 1354-55 (D.C. Cir. 2006). The 
case was remanded to FMCSA in February 2007, and the Court of 
Appeals directed the agency to reexamine its authority under 
the statute.
    On October 11, 2007, Chairman Oberstar and Highways and 
Transit Subcommittee Chairman DeFazio sent a letter to FMSCA 
Administrator John Hill expressing their intent to legislate a 
solution to the problem if the agency did not respond with its 
plans to make changes administratively to ensure that ADA 
requirements were being met by the over-the-road bus operators 
that FMCSA registers. FMCSA has not responded to the Chairmen's 
letter.
    On October 26, 2007, FMCSA issued a decision on remand 
defending its original position that the underlying statute 
does not provide FMCSA with the authority to consider 
compliance with ADA when granting operating authority to over-
the-road bus operators. FMCSA further states that the agency 
has no role in taking action with respect to ADA violations by 
over-the-road bus operators because the Department of Justice 
(``DOJ'') has enforcement authority under the ADA to 
investigate all alleged violations and commence a civil action 
in court, including authority over transportation providers.
    A recent Government Accountability Office (``GAO'') report, 
entitled ``Transportation Accessibility: Lack of Data and 
Limited Enforcement Options Limit Federal Oversight'', found 
that FMCSA maintains that if the agency identifies a violation, 
the violation is sent to DOJ for investigation. However, the 
report found that FMCSA lacks a formal mechanism for 
coordinating with DOJ. Further, DOT has only referred two cases 
to DOJ for investigation across all modes of transportation 
subject to the regulations, although GAO found many conflicts 
are resolved informally. GAO also identified FMCSA's lack of 
authority to issue penalties for violations of ADA as a barrier 
to effective enforcement by the agency.
    In March 2006, the Subcommittee on Highways, Transit, and 
Pipelines held a hearing on ``curbside'' bus companies. 
``Curbside bus'' operators are motor coach companies that 
operate fixed-route, intercity bus service, mainly between 
cities along the Northeast Corridor, picking up and dropping 
off passengers on the street rather than in bus terminals. 
Witness testimony included anecdotal evidence that many 
curbside operators do not provide accessible transportation to 
individuals with disabilities. Several newspaper articles have 
highlighted problems that individuals with disabilities have 
encountered in trying to ride curbside buses, including a March 
2, 2006 Washington Post investigation, which revealed that 11 
companies that operate in the Northeast corridor had violated 
ADA regulations.\1\
---------------------------------------------------------------------------
    \1\``Bus Lines Cited in Federal Probe; 11 Firms Accused of 
Violating ADA''; Washington Post, March 2, 2006; Financial; page D1.
---------------------------------------------------------------------------

                       Summary of the Legislation


Section 1. Short title

    Section 1 denotes the short title of the bill as the 
``Over-the-Road Bus Transportation Accessibility Act of 2007''.

Section 2. Registration of motor carriers of passengers

    Section 2(a) amends section 13902 of title 49, United 
States Code, to direct the Secretary of Transportation to grant 
registration authority to a motor carrier providing 
transportation by an over-the-road bus only if the motor 
carrier is willing and able to comply with the accessibility 
regulations under subpart H of part 37, title 49, Code of 
Federal Regulations. This section clarifies that the Secretary 
must assess and consider a carrier's willingness and ability to 
comply with accessibility regulations in the same way the 
Secretary currently considers willingness and ability to comply 
with other regulations, such as safety and financial 
responsibility, prior to granting a motor carrier registration 
authority to operate in interstate commerce.
    Section 2(b) amends sections 13902(a)(5) and 13905(d)(1)(A) 
of title 49, United States Code, to clarify that the Secretary 
may suspend, amend, or revoke a motor carrier's registration in 
the event of a willful failure to comply with regulations 
pursuant to the Americans with Disabilities Act; and may hear a 
compliant against a registrant for failure to comply with 
accessibility regulations. These conforming amendments are 
necessary to fully implement subsection (a).
    The Committee believes that the Secretary of Transportation 
has the ability to monitor and assess compliance with all DOT 
regulations, including accessibility regulations under 49 CFR 
part 37, subpart H, even without this change. The Committee is 
disappointed that FMCSA has chosen not to exercise this option 
with respect to ADA requirements and, as a result, legislative 
action is needed to make this clear.
    The Committee further believes that amending section 13902 
of title 49, United States Code, to add willingness and ability 
to comply with accessibility regulations as a condition of 
registration of a motor carrier of passengers, indirectly 
provides FMCSA with an additional enforcement tool. FMCSA has 
general civil penalty authority under section 14910 of title 49 
to issue a civil penalty up to $500 for each violation of a 
condition of registration, when another civil penalty is not 
specifically provided under Chapter 149 of title 49. The 
Committee expects that FMCSA will utilize all available tools 
to take necessary action against over-the-road bus operators 
that violate DOT's accessibility requirements pursuant to the 
ADA.

Section 3. Over-the-road bus defined

    Section 3 defines the term ``over-the-road bus'' as a bus 
characterized by an elevated passenger deck located over a 
baggage compartment. This definition has not been previously 
codified in Chapter 131 of title 49, United States Code, but is 
widely used administratively by DOT.

Section 4. Deadline for implementation of registration requirements

    Section 4 directs the Secretary of Transportation to 
implement the changes required by the amendment made by Section 
2(a) not later than 30 days after the date of enactment. This 
section clarifies that the Committee requires FMCSA to take 
necessary steps to consider compliance with accessibility 
requirements immediately, rather than waiting for completion of 
the memorandum of understanding required by Section 5.

Section 5. Coordination with the Department of Justice

    Section 5 requires the Department of Transportation and the 
Department of Justice to enter into a memorandum of 
understanding to ensure coordination between the two 
Departments and to delineate each Department's specific roles 
and responsibilities in enforcing the provisions of the ADA.

            Legislative History and Committee Consideration

    On October 29, 2007, Subcommittee Chairman Peter A. DeFazio 
introduced H.R. 3985, the ``Over-the-Road Bus Transportation 
Accessibility Act of 2007''.
    On October 31, 2007, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 3985 and 
ordered the bill reported favorably to the House by voice vote.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
3985 reported. A motion to order H.R. 3985 reported favorably 
to the House was agreed to by voice vote with a quorum present.

                      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 in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
strengthen FMCSA's ability to monitor and enforce compliance 
with the over-the-road bus accessibility regulations.
    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 enclosed cost estimate for H.R. 3985 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2007.
Hon. James L. Oberstar,
 Chairman, Committee on Transportation and lnfrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3985, the Over-
the-Road Bus Transportation Accessibility Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 3985--Over-the-Road Bus Transportation Accessibility Act of 2007

    H.R. 3985 would require the Federal Motor Canier Safety 
Administration (FMCSA) to ensure that operators of over-the-
road busses comply with the Americans With Disabilities Act 
(ADA). (Generally, over-the-road busses are those that have 
elevated passenger decks located over baggage compartments.) 
Under H.R. 3985, the FMCSA would be required to review 
applications for licenses to operate such vehicles to ensure 
that the operators comply with federal accessibility 
regulations issued under the ADA. In addition to performing 
safety audits for new licensees, the agency also would include 
ADA requirements in the compliance reviews of bus operators 
that it undertakes in the future.
    Based on information provided by the FMCSA, CBO estimates 
that developing and enforcing new regulations to implement H.R. 
3985 would cost the agency about $500,000 in fiscal year 2008 
and less than $300,000 each year thereafter. First-year costs 
include one-time systems upgrades and training expenses. 
Enacting the bill would not affect direct spending or revenues.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provision that 
establishes or enforces statutory rights that prohibit 
discrimination on the basis of disability. CBO has determined 
that the provisions of H.R. 3985 fall within that exclusion; 
therefore, we have not reviewed them for intergovernmental or 
private-sector mandates.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 3985 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   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 1974 
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. 3985 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 by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE IV--INTERSTATE TRANSPORTATION

           *       *       *       *       *       *       *


PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

           *       *       *       *       *       *       *


CHAPTER 131--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 13102. Definitions

  In this part, the following definitions shall apply:
          (1) * * *

           *       *       *       *       *       *       *

          (27) Over-the-road bus.--The term ``over-the-road 
        bus'' means a bus characterized by an elevated 
        passenger deck located over a baggage compartment.

           *       *       *       *       *       *       *


CHAPTER 139--REGISTRATION

           *       *       *       *       *       *       *


Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) * * *
                  (B)(i) * * *

           *       *       *       *       *       *       *

                  (iii) the safety fitness requirements 
                established by the Secretary under section 
                31144; [and]
                  (C) the accessibility requirements 
                established by the Secretary under subpart H of 
                part 37 of title 49, Code of Federal 
                Regulations, or such successor regulations to 
                those accessibility requirements as the 
                Secretary may issue, for transportation 
                provided by an over-the-road bus; and
                  [(C)] (D) the minimum financial 
                responsibility requirements established by the 
                Secretary pursuant to sections 13906 and 31138.

           *       *       *       *       *       *       *

          (5) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), the 
        safety regulations of the Secretary, or the safety 
        fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection. In 
        the case of a registration for the transportation of 
        household goods as a household goods motor carrier, the 
        Secretary may also hear a complaint on the ground that 
        the registrant fails or will fail to comply with the 
        requirements of paragraph (2) of this subsection.

           *       *       *       *       *       *       *


Sec. 13905. Effective periods of registration

  (a) * * *

           *       *       *       *       *       *       *

  (d) Suspension, Amendments, and Revocations.--
          (1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), or a 
        condition of its registration; and (B) suspend, amend, 
        or revoke any part of the registration of a motor 
        carrier, broker, or freight forwarder: (i) for failure 
        to pay a civil penalty imposed under chapter 5, 51, 
        149, or 311 of this title; or (ii) for failure to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty, within 90 days of the time 
        specified by order of the Secretary for the payment of 
        such penalty. Subparagraph (B) shall not apply to any 
        person who is unable to pay a civil penalty because 
        such person is a debtor in a case under chapter 11 of 
        title 11, United States Code.

           *       *       *       *       *       *       *


                                  
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