[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.