99–006

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-theroad 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; 

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(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. 

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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-theroad 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 overthe-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 overthe-road buses charge a fare in the traditional ticket framework. 

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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 userfee, 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. 

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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.

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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 

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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.

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