[Senate Report 108-104]
[From the U.S. Government Publishing Office]
Calendar No. 210
108th Congress Report
SENATE
1st Session 108-104
_______________________________________________________________________
MAX CLELAND OVER-THE-ROAD BUS SECURITY AND SAFETY ACT of 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 929
July 16, 2003.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
19-010 WASHINGTON : 2003
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director
Gregg Elias, Democratic General Counsel
Calendar No. 210
108th Congress Report
SENATE
1st Session 108-104
======================================================================
MAX CLELAND OVER-THE-ROAD BUS SECURITY AND SAFETY ACT OF 2003
_______
July 16, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 929]
The Committee on Commerce, Science, and Transportation, to
which was referred the 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, having
considered the same, reports favorably thereon with amendments
and recommends that the bill (as amended) 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 Homeland Security 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 intercity 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. Approximately
35 to 40 million travelled on fixed route intercity buses,
while the remainder of passengers utilized charter, tour,
commuter, or local bus services. The 12 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 5,000 locations nationwide, many
of which are rural communities that might not have other modes
of intercity transportation. 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 inflict casualties in a number of crowded cities. In
the United States, Greyhound drivers and passengers were the
targets of at least four serious assaults in the last two
years, including one accident that killed 7 passengers and
another that resulted in 33 injuries. There also have been at
least 3 other serious security breaches. No other major United
States transportation mode experienced as many incidents of
passenger attacks during that period.
In response to the incidents, Greyhound has taken a number of
steps to enhance security. These steps include: conducting
random screening of passengers and baggage (through
``wanding'') at selected terminals; requiring personal
identification when purchasing tickets; 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.
Federal support is needed to further improve bus security.
Additional security measures could include: wanding in all
terminals; full implementation of an identification system when
purchasing tickets; 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.
In the wake of the September 11, 2001, terrorist attacks, the
Committee has reexamined the security of all transportation
modes within its jurisdiction. With increased aviation and port
security efforts underway, other modes could be more vulnerable
to attacks by terrorists and criminals.
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.
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 (P.L. 107-206), $15 million was
appropriated for bus security measures intended to address
similar security-related purposes as identified in S. 929.
Additionally, $10 million was included in the fiscal year 2003
Omnibus Appropriations Resolution, H.J. Res. 2 (P.L. 108-7) for
the same purpose.
Legislative History
During the 107th Congress, Senator Cleland introduced S.
1739, which would have established a similar grant program
within the Department of Transportation (DOT). The bill was
reported favorably on August 1, 2002, but failed to receive
consideration by the full Senate prior to adjournment of the
107th Congress.
Senator McCain introduced S. 929 on April 28, 2003. The bill
is cosponsored by Senators Hollings, Hutchison, Breaux,
Lautenberg, Smith, Feinstein, Leahy, and Snowe. During
Committee consideration of S. 929, the Committee adopted an
amendment that recognized Senator Cleland's role in the
legislation. The amendment also places responsibility for the
grant program with the Department of Homeland Security (DHS),
instead of the DOT, since transportation security is now vested
with DHS. Both DOT and DHS agree that it is appropriate for the
grant program to be administered by DHS.
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:
S. 929--Max Cleland Over-the-Road Bus Security and Safety Act of 2003
Summary: S. 929 would authorize the Secretary of Homeland
Security to provide grants to operators of over-the-road buses
for improving the security of 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 $25 million for fiscal year 2003
and $99 million for fiscal year 2004.
CBO estimates that implementing S. 929 would cost $124
million over the 2003-2008 period, assuming appropriation of
the authorized amounts. Enacting S. 929 would not affect direct
spending or revenues.
S. 929 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. 929 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation). For this estimate, CBO assumes that S. 929
will be enacted in fiscal year 2003, and that the authorized
amounts will be appropriated each year. 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
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level....................................... 25 99 0 0 0 0
Estimated outlays......................................... 1 13 43 36 26 5
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Intergovernmental and private-sector impact: S. 929
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On March 10, 2003, CBO transmitted a
cost estimate for H.R. 875, the Over-the-Road Bus Security and
Safety Act of 2003, as ordered reported by the House Committee
on Transportation and Infrastructure on February 26, 2003. S.
929 is similar to the House bill; however, the House version
authorized the appropriation of lower amounts, and the cost
estimates reflect this difference.
Estimate prepared by: Federal costs: Rachel Milberg; Impact
on State, Local, and Tribal Governments: Gregory Waring; and
Impact on the Private Sector: Jean Talarico.
Estimate approved by: Robert A. Sunshine, 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. 929 would establish a direct grant program. The
legislation would have no significant effect on the number or
types of individuals and businesses regulated.
NUMBER OF PERSONS COVERED
S. 929 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 could be
impacted.
ECONOMIC IMPACT
S. 929 is intended to improve security of over-the-road
buses. It should not have a negative impact on the economy of
the United States.
PRIVACY
S. 929 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 established by
the legislation.
PAPERWORK
S. 929 does not create any new reporting requirements, and
any impact on paperwork would be dependent on application
procedures established by the Secretary of Homeland Security.
Section-by-Section Analysis
Section 1. Short title
This section states the bill title as the ``Max Cleland Over-
the-Road Bus Security and Safety Act of 2003''.
Section 2. Emergency over-the-road bus security assistance
This section would direct the Secretary of Homeland Security,
acting through the Transportation Security Administration, 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 would clarify 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 would require that an over-the-road bus operator
submit a plan to the Secretary prior to receiving a grant. 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 would define 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 would direct the Secretary to submit a
preliminary report within 180 days of enactment to the Senate
Committee on Commerce, Science, and Transportation, the House
Committee on Transportation and Infrastructure, and the House
Select Committee on Homeland Security. 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 would authorize $25 million for the grant
program for fiscal year 2003 and $99 million for fiscal year
2004. The section further provides that such sums shall remain
available until expended.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.