[Senate Report 107-235]
[From the U.S. Government Publishing Office]
Calendar No. 544
107th Congress Report
SENATE
2d Session 107-235
_______________________________________________________________________
OVER-THE-ROAD BUS SECURITY GRANT PROGRAM
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1739
August 1, 2002.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
99-010 WASHINGTON : 2002
______________________________________________________________________
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventh congress
second session
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
Ann Begeman, Republican Deputy Staff Director
Calendar No. 544
107th Congress Report
SENATE
2d Session 107-235
======================================================================
OVER-THE-ROAD BUS SECURITY GRANT PROGRAM
_______
August 1, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1739]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1739) to authorize grants to
improve security on over-the-road buses, having considered the
same, reports favorably thereon and recommends that the bill do
pass.
Purpose of the Bill
The purposes of this bill, as reported, are to establish a
direct grant program to improve security of over-the-road
buses, and to authorize the Secretary of Transportation to
conduct a study to develop recommendations for improved
security of over-the-road bus operations.
Background and Needs
Over-the-road buses, or motorcoaches, operate in both
commuter and intercity operations. The motorcoach industry,
which includes regularly scheduled point-to-point service and
chartered tour operations, carried more than 774 million
passengers in the United States in 2000, 28 percent more
passengers than carried by domestic commercial airlines and 33
times more passengers than carried by Amtrak. The twelve Class
I bus companies, defined by the Bureau of Transportation
Statistics as having revenues of at least $10 million or more
annually, carried approximately 33 million passengers in 2000.
According to the Bureau of Transportation Statistics, the
intercity bus transportation industry serves 5000 locations
nationwide, many of which are rural communities that might not
have other modes of intercity transportation available to the
public. Intercity bus transportation poses difficult logistical
security problems. Of the 4,000 bus companies, 90 percent
operate fewer than 25 buses.
There are worrisome precedents for security breaches on
buses. For example, in the Middle East, terrorists have used
buses to cause mass casualties in a number of crowded cities.
In the United States, Greyhound drivers and passengers were the
targets of at least 4 serious assaults last year, one killing 7
passengers and another injuring 33 passengers, and at least 3
other serious security breaches. No other major United States
transportation mode had as many incidents of passenger attacks
during that period. These incidents occurred in states
throughout the country, including Tennessee, Arizona, Utah,
Oklahoma, Pennsylvania, and Vermont.
In one incident on October 3, 2001, in Manchester, Tennessee,
a passenger aboard a Greyhound bus, on its way to Orlando,
Florida, attacked the driver and reportedly slit the driver's
throat. The assailant then grabbed the wheel and ultimately
caused the bus to flip over. Six people died, including the
assailant, and more than 30 suffered injuries. Remarkably, the
driver survived, but the attack highlighted the lack of
protection for bus drivers.
In response to the incidents, Greyhound took a number of
steps to enhance security. These steps include: random
screening of passengers and baggage (through ``wanding'') at
selected terminals; requiring ticket identification; providing
cell phones to drivers as an interim emergency communications
system; increasing security personnel in terminals; giving the
driver the right to limit access to the first row of seats; and
establishing information and communications systems to aid and
coordinate with law enforcement.
The bus industry believes that Federal support is needed to
help improve bus security. These additional security measures
include: wanding in all terminals; full implementation of a
ticket identification system; a nationwide emergency
communications system providing location, audio, and silent
monitoring; enhanced driver compartment security; increased
security training; development and maintenance of information
and communication systems with law enforcement; and other
measures to make buses, terminals, and garages more secure.
On October 10, 2001, Senator Breaux chaired a hearing on
truck and bus security and hazardous materials licensing.
During the hearing, many issues were raised about the security
of intercity buses, including driver, terminal, and equipment
security. Many of the issues raised during the hearing are
addressed in S. 1739.
At the hearing, American Bus Association President Peter
Pantuso outlined several areas where Federal support could help
improve bus security, including development of a communication
system for the driver to contact local law enforcement,
installation of cameras on buses, and creation of a database of
passengers and their itineraries.
By virtue of the markets they serve, and competition with
other modes of passenger transportation, bus passenger service
operates with thin margins of profitability, and the bus
industry claims that it may be impossible for it to pay for
heightened scrutiny and security measures at current profit
levels. In some years, profits for the entire industry have not
reached $40 million. According to the United Motorcoach
Association's testimony submitted for the October 2001 hearing,
pleasure and business travel, which accounts for nearly 90
percent of that industry's annual revenue, is 40 percent below
what it was in previous years. Many of these bus companies are
small businesses with less than 10 coaches. After the October
3, 2001, incident near Manchester, TN, American Bus Association
companies reported up to 80 percent cancellation rates, and
Greyhound's passenger sales dropped 15 percent and remain below
last year's levels.
In H.R. 4775, the Supplemental Appropriation Act for Further
Recovery From and Response to Terrorist Attacks on the United
States for fiscal year 2002, $15 million was included for bus
security measures intended to address the same type of
security-related issues as identified in S. 1739.
Legislative History
Senator Cleland introduced S. 1739 on November 28, 2001. The
bill is cosponsored by Senators Breaux and Wyden. On April 18,
2002, the Committee on Commerce, Science, and Transportation
ordered S. 1739 to be reported favorably. Although the bill was
reported without amendment, the Committee agreed in principle
to several technical amendments which update the fiscal years
in which appropriations would be authorized, update an
incorrect reference on page 5, line 20, require the Secretary
of Transportation to make a preliminary report to Congress
concerning the progress of developing security recommendations
for the over-the-road bus industry, and recognize the
coordination with port security measures where a port is the
owner of a bus terminal. It is anticipated that when this bill
is considered by the full Senate, an amendment will be offered
to reflect these agreements.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 13, 2002.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1739, a bill to
authorize grants to improve security on over-the-road buses.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
Congressional Budget Office Cost Estimate
S. 1739--A bill to authorize grants to improve security on over-the-
road buses
Summary: S. 1739 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. For these grants, the bill would authorize the
appropriation of $400 million over the 2003-2004 period.
CBO estimates that implementing S. 1739 would cost $390
million over the 2003-2007 period, and an additional $10
million after 2007. S. 1739 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 1739 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 S. 1739 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation). For this estimate, CBO assumes that S. 1739
will be enacted in fiscal year 2002, and that the authorized
amounts will be appropriated for each year. Estimates of
spending 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
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 200 200 0 0 0
Estimated Outlays.................................................. 10 80 130 110 60
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 1739
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: Susan Sieg Tompkins;
impact on the private sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
S. 1739 would establish a direct grant program. The
legislation would have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, or the paperwork required from such
individuals and businesses.
NUMBER OF PERSONS COVERED
S. 1739 is intended to improve the security of over-the-road
bus transportation. The number of persons covered is
anticipated to include bus riders and bus employees, as well as
all drivers and passengers who share the road. In addition,
security personnel, security consulting services, and
industries that manufacture security equipment would be
impacted.
ECONOMIC IMPACT
S. 1739 is intended to improve security of over-the-road
buses. It should not have a detrimental impact on the economy
of the United States.
PRIVACY
S. 1739 would have an impact on privacy to some extent,
consistent with other transportation security programs,
including personal privacy of passengers traveling on motor
coaches operated by carriers receiving grants under the grant
program established in section 1.
PAPERWORK
S. 1739 does not create any new reporting requirements, and
any impact on paperwork would be dependent on application
procedures established by the Secretary of Transportation.
Section-by-Section Analysis
Section 1. Emergency over-the-road bus security assistance
This section would establish an over-the-road bus security
grant program to be administered by the Secretary of
Transportation. It would authorize $200 million each year for
fiscal years 2002 and 2003 to provide grants for system-wide
security upgrades and improvements, such as establishing
emergency communications systems linked to law enforcement and
emergency response personnel. The section provides grants for
driver protection; passenger screening and upgrading or
installing systems to collect or exchange information on
passengers and drivers with governmental agencies; training
employees on emergency response techniques; hiring security
personnel; obtaining passenger manifests; installing
surveillance equipment; and conducting employee background
checks.
The Secretary may not make a grant until the applicant has
submitted, and the Secretary has approved, a plan for the
project. Davis-Bacon wage standards would apply to all
projects.
Section 2. Bus security recommendations
This section would authorize the use of between $3 and $5
million of the grant funds by the Secretary to provide for the
development and dissemination of best practices, a review of
security and safety measures already taken, and the usefulness
of certain technology and isolating the driver from passengers.
The Department of Transportation would be directed to consult
with appropriate groups, including industry, labor, public
safety, law enforcement, and the National Academy of Sciences,
to develop, implement and carry out the grant program.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
Sec. 31109. Over-the-road bus security grant program
(a) In General.--
(1) Fund established.--The Secretary of the Treasury
shall establish an Over-the-road Bus Security Fund
account in the Treasury into which the Secretary of the
Transportation shall deposit amounts appropriated under
paragraph (2).
(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation $200,000,000 for fiscal year 2002, and
$200,000,000 for fiscal year 2003, for deposit into the
account established under paragraph (1). Amounts
deposited into the account shall remain available until
expended.
(b) Grant Program.--Without further appropriation, amounts in
the Over-the-road Bus Security Fund account are available to
the Secretary of Transportation for direct grants to persons
engaged in the business of providing over-the-road bus
transportation for system-wide security upgrades, including the
reimbursement of extraordinary security-related costs
determined by the Secretary to have been incurred by such
operators since September 11, 2001, including--
(1) establishing an emergency communications and
notification system linked to law enforcement or
emergency response personnel;
(2) protecting or isolating the driver;
(3) implementing and operating passenger screening
programs at terminals and on over-the-road buses (as
defined in section 3038(a)(3) of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5310 nt));
(4) 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;
(5) constructing or modifying terminals, garages,
facilities, or over-the-road buses to assure their
security;
(6) training employees in recognizing and responding
to terrorist threats, evacuation procedures, passenger
screening procedures, and baggage inspection;
(7) hiring and training security officers;
(8) installing cameras and video surveillance
equipment on over-the-road buses and at terminals,
garages and over-the-road bus facilities; and
(9) creating a program for employee identification
and background investigation.
(c) Applications.--To receive a grant under subsection (b),
an applicant shall submit an application, at such time, in such
manner, in such form, and containing such information, as the
Secretary may require, and a plan that meets the requirements
of subsection (c) for the project to be funded, in whole or in
part, by the grant.
(d) Plan Required.--The Secretary may not make a grant under
subsection (b) for a system-wide security upgrade project until
the applicant has submitted to the Secretary, and the Secretary
has approved, a plan for the project, and the applicant has
submitted to the Secretary such additional information as the
Secretary may require in order to ensure full accountability
for the obligation or expenditure of grant amounts.
(e) Federal Standards.--Section 5333 of this title applies to
any work financed with a grant under this section to the same
extent as if it were financed with a grant under chapter 53 of
this title. The application of that section does not affect or
discharge any other responsibility of the Secretary under this
title with respect to work financed by a grant under this
section.