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107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-507
OVER-THE-ROAD BUS SECURITY AND SAFETY ACT OF 2002
June 13, 2002.--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. 3429]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3429) 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, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Road Bus Security and Safety
Act of 2002''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation may make 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 determined by the Secretary to
have been incurred by such operators since September 11, 2001, and
(1) constructing and modifying garages, facilities, or over-
the-road buses to assure their security;
(2) 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
(3) training employees in recognizing and responding to
terrorist threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(4) hiring and training security officers or ``bus
(5) installing cameras and video surveillance equipment on
over-the-road buses and at garages and over-the-road bus
(6) creating a program for employee identification or
(7) establishing an emergency communications system linked to
police and emergency personnel; and
(8) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which any grant
is made under this Act shall be 90 percent.
(c) Priority.--In making grants under this Act, the Secretary shall
give priority to private operators of over-the-road buses that have
increased fares, or realigned budget priorities, to enhance bus
transportation security from those in effect in calendar year 2001.
(d) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act to
a private operator of over-the-road buses until the operator has first
submitted to the Secretary--
(1) a plan of the operator for making security improvements
described in section 2 and the Secretary has approved the plan;
(2) such additional information as the Secretary may require
to ensure accountability for the obligation and expenditure of
amounts made available to the operator under the grant.
(b) Coordination.--An application for a grant under section 2 for
security improvements within a terminal owned and operated by a port
authority shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated its security plan for the terminal with
the port authority.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus characterized
by an elevated passenger deck located over a baggage compartment.
SEC. 5. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $200,000,000 for each of fiscal
years 2002 through 2004. Such sums shall remain available until
BACKGROUND AND NEED
The latest figures from the American Bus Association
demonstrate 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 (650 million passengers). In addition, Greyhound Bus
Lines and its interline partners take some of these passengers
to nearly 4,000 destinations, more than 7 times the number
served by air or Amtrak (when combined serve about 500 cities).
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% of terrorist attacks involve a bus or a bus facility.
Moreover, as security on passenger rail and airlines increases,
evildoers could shift to other modes of transportation for
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 rail security, the Subcommittee on
Highways and Transit 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
H.R. 3429 authorizes $200 million in each of fiscal years
2002 through 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 passenger surcharge, included within the
introduced H.R. 3429, has been replaced by an authorization
with a priority for grants to operators that have raised fares
or realigned budget priorities to accommodate security needs.
This priority, coupled with a 90/10 cost-share, will stimulate
increased private investment--creating an equitable system for
the benefit of the over-the-road riding public.
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.
Section one states the bill title as ``Over-the-Road Bus
Security and Safety Act of 2001''.
Section two authorizes the Secretary of Transportation, the
administrator of this program, to make 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 garages, facilities, and over-the-road buses to
assure their security; upgrade, purchase, or install manifest
or ticketing systems; training and expanding the hiring of
security employees; and implementing and operating passenger
screening programs at terminals and on over-the-road buses. The
uses listed within this section are not exclusive. Rather, the
Committee intends to provide flexibility to the Secretary of
Transportation in providing grants to be used for over-the-road
Paragraph (b) of section two establishes that the federal
share shall be 90 percent of the grant. The Committee intends
that an expenditure for prior year security improvements to a
grantee's operations would not fulfill the match requirements
of this section, except when the Secretary grants a
reimbursement of an extraordinary security-related cost
incurred by a private operator of over-the-road buses.
During consideration by the Subcommittee on Highways and
Transit, a priority for grant awards was added to H.R. 3429.
Paragraph (c) of section two requires the Secretary to provide
a priority to private operators of over-the-road buses that
have increased fares, or realigned budget priorities, to
enhance bus transportation security from those in effect in
calendar year 2001. The intent of the priority is not to
prohibit grants to private operators that have not utilized
their capital for bus transportation security. However, the
Committee acknowledges the likely limitation of funding
availability and believes that the potential for federal
assistance will provide an incentive for increased private
expenditure for bus security.
The Committee appreciates that not all private operators of
over-the-road buses charge a fare in the traditional ticket
framework. The term is intended to be broadly applied and
include the variety of revenue collection methods used within
the over-the-road industry. For example, over-the-road charter
buses often charge one fee for the use of the entire bus,
versus collecting a fare for each seat between two points. The
Committee intends that this and other types of fees would
constitute a fare.
When H.R. 3429 was introduced, there were concerns that an
authorization for federal matching grants would not provide
enough of an incentive for private operators to make
substantial private investments in security. With that concern
in mind, the introduced bill included a provision that
established a 25-cent per ticket user-fee, for tickets costing
more than $5. Since the bill was introduced, several companies
have raised fares or realigned their budget priorities to
accommodate security needs. The Committee believes that a user-
fee is unnecessary at this time and that a priority will
provide the necessary incentive for continuing private
Paragraph (d) of section two makes clear that grants made
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.
Section 3 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 any
additional information the Secretary deems necessary to ensure
the accountability of amounts made available through the grant
During consideration by the Subcommittee on Highways and
Transit, a coordination requirement was added for grants used
to make improvements within a terminal owned and operated by a
port authority. Paragraph (b) of section three requires the
applicant, a private operator of an over-the-road bus, to
demonstrate to the satisfaction of the Secretary that it has
coordinated its plan for that terminal with the affected port
authority. This provision is not intended to provide a port
authority with an ability to prevent an operator from making
necessary security improvements or to require the coordination
of the operators entire security plan with an individual port
authority. Considering the level of passengers utilizing
terminals owned and operated by port authorities, the Committee
expects that grants will be requested and provided for
improvements within these facilities. The coordination
requirement of this section will assist private operators and
facility managers in using this funding to provide the greatest
Section 4 defines an over-the-road bus as a bus
characterized by an elevated passenger deck located over a
Section 5 authorizes the appropriation of $200 million for
each of fiscal years 2002 through 2004, to the Secretary of
Transportation to carry out this act.
HEARINGS AND LEGISLATIVE HISTORY
On December 6, 2001, the bipartisan leadership of the House
Committee on Transportation and Infrastructure introduced H.R.
The Committee on Transportation and Infrastructure did not
hold hearings on this bill.
On May 16, 2002, the Subcommittee on Highways and Transit
met in open markup session and approved H.R. 3429, as amended,
by voice vote. On May 22, 2002, the Full Transportation and
Infrastructure Committee met in open markup session and
approved H.R. 3429 as amended, by voice vote.
ROLL CALL VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
On May 16, 2002, Congressman Thomas Petri of Wisconsin, on
behalf of himself and Congressman Borski, offered an amendment
in the nature of a substitute during the Subcommittee on
Highways and Transit's markup. The amendment removed the 25-
cent user fee included within the introduced version of H.R.
3429, established a priority for grants, and made other minor
changes. The amendment passed by voice vote.
There were no amendments offered or adopted during the Full
Committee meeting held on May 22, 2002.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held no oversight
hearings on H.R. 3429.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The objective of this bill is to provide federal funding to
assist private operators in meeting the transportation security
needs of over-the-road buses.
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
2. 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.
3429 from the Director of the Congressional Budget Office.
Congressional Budget Office,
Washington, DC, June 11, 2002.
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. 3429, the Over-
the-Road Bus Security and Safety Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Barry B. Anderson
(For Dan L. Crippen, Director).
congressional budget office cost estimate
H.R. 3429--Over-the-Road Bus Security and Safety Act of 2001
Summary: H.R. 3429 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 $600 million over the 2002-2004 period.
CBO estimates that implementing H.R. 3429 would cost $590
million over the 2002-2007 period, and an additional $10
million in 2008. H.R. 3429 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
H.R. 3429 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
Estimated cost to the federal government: The estimated
budgetary impact of H.R. 3429 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. 3429
will be enacted in fiscal year 2002, and that the authorized
amounts will be appropriated for each year. We assume funds
authorized for 2002 will be provided in a supplemental
appropriation for that 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--
2002 2003 2004 2005 2006 2007
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization............................................. 200 200 200 0 0 0
Estimated outlays......................................... 1 89 140 180 120 60
Pay-as-you-go considerations: None.
Intergovernmental and private-section impact: H.R. 3429
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
Previous CBO estimate: On May 13, 2002, CBO transmitted a
cost estimate for S. 1739, a bill to authorize grants to
improve security on over-the-road buses, as ordered reported by
the Senate Committee on Commerce, Science, and Transportation
on April 18, 2002. S. 1739 is very similar to H.R. 3429;
however, the Senate bill would authorize the appropriation of
$400 million over the 2003-2004 period, and the House bill
would authorize the appropriation of $600 million over that
period. The estimated costs reflect this difference.
Estimate prepared by: Federal Costs: Rachel Milberg; Impact
on State, Local, and Tribal Governments: Teri Gullo; Impact on
the Private Sector: Paige Piper/Bach.
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
Tarnsportation 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).
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
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
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3429 makes no changes in existing law.