A bill to direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

Summary: Max Cleland Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Authorizes the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration (TSA), to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001. Sets the Federal share of cost for such grants at 90 percent.

 (Sec. 3) Requires: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that the applicant has coordinated such improvements for the terminal with the entity.

(Sec. 4) Defines "over-the-road bus" as a bus characterized by an elevated passenger deck located over a baggage compartment.

(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of the over-the-road bus security grant program.

(Sec. 6) Authorizes appropriations for FY 2003 and 2004.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Max Cleland Over-the-Road Bus 
Security and Safety Act of 2003''.

SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary of Homeland Security acting through 
the Administrator of the Transportation Security Administration, shall 
establish a program for making grants to private operators of over-the-
road buses for system-wide security improvements to their operations, 
including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) 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;
            (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing an emergency communications system linked 
        to law enforcement and emergency personnel; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Reimbursement.--A grant under this Act may be used to provide 
reimbursement to private operators of over-the-road buses for 
extraordinary security-related costs for improvements described in 
paragraphs (1) through (9) of subsection (a), determined by the 
Secretary to have been incurred by such operators since September 11, 
2001.
    (c) Federal Share.--The Federal share of the cost for which any 
grant is made under this Act shall be 90 percent.
    (d) Due Consideration.--In making grants under this Act, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001.
    (e) 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 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.--To the extent that an application for a grant 
under this section proposes security improvements within a specific 
terminal owned and operated by an entity other than the applicant, the 
applicant shall demonstrate to the satisfaction of the Secretary that 
the applicant has coordinated the security improvements for the 
terminal with that entity.

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. BUS SECURITY ASSESSMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Select Committee on Homeland Security 
of the House of Representatives, a preliminary report in accordance 
with the requirements of this section.
    (b) Contents of Preliminary Report.--The preliminary report shall 
include--
            (1) an assessment of the over-the-road bus security grant 
        program;
            (2) an assessment of actions already taken to address 
        identified security issues by both public and private entities 
        and recommendations on whether additional safety and security 
        enforcement actions are needed;
            (3) an assessment of whether additional legislation is 
        needed to provide for the security of Americans traveling on 
        over-the-road buses;
            (4) an assessment of the economic impact that security 
        upgrades of buses and bus facilities may have on the over-the-
        road bus transportation industry and its employees;
            (5) an assessment of ongoing research and the need for 
        additional research on over-the-road bus security, including 
        engine shut-off mechanisms, chemical and biological weapon 
        detection technology, and the feasibility of 
        compartmentalization of the driver; and
            (6) an assessment of industry best practices to enhance 
        security.
    (c) Consultation With Industry, Labor, and Other Groups.--In 
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law 
enforcement officials, and the National Academy of Sciences.

SEC. 6. FUNDING.

    There are authorized to be appropriated to the Secretary of 
Homeland Security to carry out this Act $25,000,000 for fiscal year 
2003 and $99,000,000 for fiscal year 2004. Such sums shall remain 
available until expended.

            Passed the Senate July 30 (legislative day, July 21), 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 929

_______________________________________________________________________

                                 AN ACT

 To direct the Secretary of Transportation to make grants for security 
 improvements to over-the-road bus operations, and for other purposes.