SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Max Cleland Over-
the-Road Bus Security and Safety Act of 2002’’.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY AS-
SISTANCE.
(a) IN GENERAL.—The Secretary of Transportation,
acting through the Administrator of the Federal Motor
Carrier Safety Administration, shall establish a program
for making grants to private operators of over-the-road
buses for system-wide security improvements to their oper-
ations, including—
(1) constructing and modifying terminals, ga-
rages, facilities, or over-the-road buses to assure
their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or oper-
ating equipment, software, or accessorial services for
collection, storage, or exchange of passenger and
driver information through ticketing systems or oth-
erwise, and information links with government agen-
cies;
(4) training employees in recognizing and re-
sponding to security threats, evacuation procedures,
passenger screening procedures, and baggage inspec-
tion;
(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 identifica-
tion 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 pri-
vate 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 Transpor-
tation 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 ap-
proved the plan; and
(2) such additional information as the Secretary
may require to ensure accountability for the obliga-
tion and expenditure of amounts made available to
the operator under the grant.
(b) COORDINATION.—To the extent that an applica-
tion for a grant under this section proposes security im-
provements 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 Transpor-
tation shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives a preliminary report in accordance with
the requirements of this section.
(b) CONTENTS OF PRELIMINARY REPORT.—The pre-
liminary report shall include—
(1) an assessment of the over-the-road bus se-
curity grant program;
(2) an assessment of actions already taken to
address identified security issues by both public and
private entities and recommendations on whether ad-
ditional safety and security enforcement actions are
needed;
(3) an assessment of whether additional legisla-
tion is needed to provide for the security of Ameri-
cans 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 indus-
try and its employees;
(5) an assessment of ongoing research and the
need for additional research on over-the-road bus se-
curity, including engine shut-off mechanisms, chem-
ical 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 Sec-
retary shall consult with over-the-road bus management
and labor representatives, public safety and law enforce-
ment officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Sec-
retary of Transportation to carry out this Act
$99,000,000 for fiscal year 2003. Such sums shall remain
available until expended.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 3429
AN ACT
To direct the Secretary of Transportation to make
grants for security improvements to over-the-road
bus operations, and for other purposes.