U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" SENATE ! 108th Congress 

1st Session 

REPORT

2003

108–104

Calendar No. 210

MAX CLELAND OVER-THE-ROAD BUS 

SECURITY AND SAFETY ACT of 2003

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

S. 929

JULY 16, 2003.—Ordered to be printed


congress.#13
(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JOHN MCCAIN, Arizona, Chairman 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

ERNEST F. HOLLINGS, South Carolina 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

BARBARA BOXER, California 

BILL NELSON, Florida 

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 overthe-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 transporVerDate Jan 31 2003 20:05 Jul 25, 2003 Jkt 019010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR104.XXX SR104
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tation 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 favorVerDate Jan 31 2003 22:22 Jul 25, 2003 Jkt 019010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR104.XXX SR104
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ably 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

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level ........................................................................ 25 99 0 0 0 0 

Estimated outlays ......................................................................... 1 13 43 36 26 5

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 

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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-theRoad 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 overthe-road buses for system-wide security improvements to their opVerDate Jan 31 2003 20:05 Jul 25, 2003 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR104.XXX SR104
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erations, 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. 

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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.

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