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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 
following:

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 
including--
          (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 
        agencies;
          (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 
        marshals'';
          (5) installing cameras and video surveillance equipment on 
        over-the-road buses and at garages and over-the-road bus 
        facilities;
          (6) creating a program for employee identification or 
        background investigation;
          (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; 
        and
          (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 
expended.

                          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 
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 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 
when implemented.
    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.

                                Summary

    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 
bus security.
    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 
investments.
    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 
program.
    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 
security benefit.
    Section 4 defines an over-the-road bus as a bus 
characterized by an elevated passenger deck located over a 
baggage compartment.
    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. 
3429.
    The Committee on Transportation and Infrastructure did not 
hold hearings on this bill.

                        COMMITTEE CONSIDERATION

    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 
included below.
    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.

                                     U.S. Congress,
                               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 
Milberg.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               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 
governments.
    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 
tribal governments.
    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 
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

    H.R. 3429 makes no changes in existing law.