[DOCID: f:hr456.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-456
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OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY ACT OF 2007
_______
November 15, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3985]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3985) to amend title 49, United
States Code, to direct the Secretary of Transportation to
register a person providing transportation by an over-the-road
bus as a motor carrier of passengers only if the person is
willing and able to comply with certain accessibility
requirements in addition to other existing requirements, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Legislation
H.R. 3985, the ``Over-the-Road Bus Transportation
Accessibility Act of 2007'', strengthens the ability of the
Federal Motor Carrier Safety Administration (``FMCSA'') to
monitor and enforce compliance with the Department of
Transportation's over-the-road bus accessibility regulations.
Background and Need for Legislation
Congress passed the Americans with Disabilities Act
(``ADA'') in 1990 to expand and enhance opportunities for
individuals with disabilities. Among its provisions, the ADA
required the Department of Transportation (``DOT'') to
promulgate regulations to ensure the accessibility of public
transportation, passenger rail, and motorcoach transportation.
DOT published a final rule in 1998 requiring vehicle
modifications to intercity, charter, and tour buses to
accommodate individuals with disabilities. These regulations
apply to all private entities that provide transportation with
an over-the-road bus (``OTRB''). The regulations required each
large, fixed-route OTRB operator to ensure that 50 percent of
the vehicles in its fleet consisted of accessible buses by
October 2006, and the entire fleet consists of accessible buses
by October 2012. Until the fleet of an OTRB operator becomes
fully accessible, the operator must provide accessible service
to passengers with disabilities on a 48-hour, advanced notice
basis. The final rule also requires that each large, ``demand
responsive'' OTRB operator, such as a charter or tour bus
operator, provide service in an accessible motorcoach to
passengers with disabilities on a 48-hour, advanced notice
basis. Small, fixed-route and demand responsive OTRB operators
are subject to less stringent requirements, and must provide
service on a 48-hour, advanced notice basis or provide
``equivalent service'', such as by passenger van.
The Federal Motor Carrier Safety Administration (``FMCSA'')
is the modal agency responsible for ensuring that the over-the-
road bus industry complies with DOT regulations. However, the
agency interprets the motor carrier registration statute in a
way that limits the agency's authority to enforce the OTRB
accessibility regulations promulgated by DOT.
On December 19, 2006, the United States Court of Appeals
for the D.C. Circuit rejected FMCSA's assertion that the agency
does not have discretion to interpret the law to allow FMCSA to
consider compliance with ADA regulations in determining whether
a bus company is fit to operate in interstate commerce. Peter
Pan Bus Lines, Inc. v. Federal Motor Carrier Safety
Administration, 471 F.3d 1350, 1354-55 (D.C. Cir. 2006). The
case was remanded to FMCSA in February 2007, and the Court of
Appeals directed the agency to reexamine its authority under
the statute.
On October 11, 2007, Chairman Oberstar and Highways and
Transit Subcommittee Chairman DeFazio sent a letter to FMSCA
Administrator John Hill expressing their intent to legislate a
solution to the problem if the agency did not respond with its
plans to make changes administratively to ensure that ADA
requirements were being met by the over-the-road bus operators
that FMCSA registers. FMCSA has not responded to the Chairmen's
letter.
On October 26, 2007, FMCSA issued a decision on remand
defending its original position that the underlying statute
does not provide FMCSA with the authority to consider
compliance with ADA when granting operating authority to over-
the-road bus operators. FMCSA further states that the agency
has no role in taking action with respect to ADA violations by
over-the-road bus operators because the Department of Justice
(``DOJ'') has enforcement authority under the ADA to
investigate all alleged violations and commence a civil action
in court, including authority over transportation providers.
A recent Government Accountability Office (``GAO'') report,
entitled ``Transportation Accessibility: Lack of Data and
Limited Enforcement Options Limit Federal Oversight'', found
that FMCSA maintains that if the agency identifies a violation,
the violation is sent to DOJ for investigation. However, the
report found that FMCSA lacks a formal mechanism for
coordinating with DOJ. Further, DOT has only referred two cases
to DOJ for investigation across all modes of transportation
subject to the regulations, although GAO found many conflicts
are resolved informally. GAO also identified FMCSA's lack of
authority to issue penalties for violations of ADA as a barrier
to effective enforcement by the agency.
In March 2006, the Subcommittee on Highways, Transit, and
Pipelines held a hearing on ``curbside'' bus companies.
``Curbside bus'' operators are motor coach companies that
operate fixed-route, intercity bus service, mainly between
cities along the Northeast Corridor, picking up and dropping
off passengers on the street rather than in bus terminals.
Witness testimony included anecdotal evidence that many
curbside operators do not provide accessible transportation to
individuals with disabilities. Several newspaper articles have
highlighted problems that individuals with disabilities have
encountered in trying to ride curbside buses, including a March
2, 2006 Washington Post investigation, which revealed that 11
companies that operate in the Northeast corridor had violated
ADA regulations.\1\
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\1\``Bus Lines Cited in Federal Probe; 11 Firms Accused of
Violating ADA''; Washington Post, March 2, 2006; Financial; page D1.
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Summary of the Legislation
Section 1. Short title
Section 1 denotes the short title of the bill as the
``Over-the-Road Bus Transportation Accessibility Act of 2007''.
Section 2. Registration of motor carriers of passengers
Section 2(a) amends section 13902 of title 49, United
States Code, to direct the Secretary of Transportation to grant
registration authority to a motor carrier providing
transportation by an over-the-road bus only if the motor
carrier is willing and able to comply with the accessibility
regulations under subpart H of part 37, title 49, Code of
Federal Regulations. This section clarifies that the Secretary
must assess and consider a carrier's willingness and ability to
comply with accessibility regulations in the same way the
Secretary currently considers willingness and ability to comply
with other regulations, such as safety and financial
responsibility, prior to granting a motor carrier registration
authority to operate in interstate commerce.
Section 2(b) amends sections 13902(a)(5) and 13905(d)(1)(A)
of title 49, United States Code, to clarify that the Secretary
may suspend, amend, or revoke a motor carrier's registration in
the event of a willful failure to comply with regulations
pursuant to the Americans with Disabilities Act; and may hear a
compliant against a registrant for failure to comply with
accessibility regulations. These conforming amendments are
necessary to fully implement subsection (a).
The Committee believes that the Secretary of Transportation
has the ability to monitor and assess compliance with all DOT
regulations, including accessibility regulations under 49 CFR
part 37, subpart H, even without this change. The Committee is
disappointed that FMCSA has chosen not to exercise this option
with respect to ADA requirements and, as a result, legislative
action is needed to make this clear.
The Committee further believes that amending section 13902
of title 49, United States Code, to add willingness and ability
to comply with accessibility regulations as a condition of
registration of a motor carrier of passengers, indirectly
provides FMCSA with an additional enforcement tool. FMCSA has
general civil penalty authority under section 14910 of title 49
to issue a civil penalty up to $500 for each violation of a
condition of registration, when another civil penalty is not
specifically provided under Chapter 149 of title 49. The
Committee expects that FMCSA will utilize all available tools
to take necessary action against over-the-road bus operators
that violate DOT's accessibility requirements pursuant to the
ADA.
Section 3. Over-the-road bus defined
Section 3 defines the term ``over-the-road bus'' as a bus
characterized by an elevated passenger deck located over a
baggage compartment. This definition has not been previously
codified in Chapter 131 of title 49, United States Code, but is
widely used administratively by DOT.
Section 4. Deadline for implementation of registration requirements
Section 4 directs the Secretary of Transportation to
implement the changes required by the amendment made by Section
2(a) not later than 30 days after the date of enactment. This
section clarifies that the Committee requires FMCSA to take
necessary steps to consider compliance with accessibility
requirements immediately, rather than waiting for completion of
the memorandum of understanding required by Section 5.
Section 5. Coordination with the Department of Justice
Section 5 requires the Department of Transportation and the
Department of Justice to enter into a memorandum of
understanding to ensure coordination between the two
Departments and to delineate each Department's specific roles
and responsibilities in enforcing the provisions of the ADA.
Legislative History and Committee Consideration
On October 29, 2007, Subcommittee Chairman Peter A. DeFazio
introduced H.R. 3985, the ``Over-the-Road Bus Transportation
Accessibility Act of 2007''.
On October 31, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3985 and
ordered the bill reported favorably to the House by voice vote.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
3985 reported. A motion to order H.R. 3985 reported favorably
to the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
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 in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
strengthen FMCSA's ability to monitor and enforce compliance
with the over-the-road bus accessibility regulations.
3. 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 enclosed cost estimate for H.R. 3985
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 9, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and lnfrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3985, the Over-
the-Road Bus Transportation Accessibility Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 3985--Over-the-Road Bus Transportation Accessibility Act of 2007
H.R. 3985 would require the Federal Motor Canier Safety
Administration (FMCSA) to ensure that operators of over-the-
road busses comply with the Americans With Disabilities Act
(ADA). (Generally, over-the-road busses are those that have
elevated passenger decks located over baggage compartments.)
Under H.R. 3985, the FMCSA would be required to review
applications for licenses to operate such vehicles to ensure
that the operators comply with federal accessibility
regulations issued under the ADA. In addition to performing
safety audits for new licensees, the agency also would include
ADA requirements in the compliance reviews of bus operators
that it undertakes in the future.
Based on information provided by the FMCSA, CBO estimates
that developing and enforcing new regulations to implement H.R.
3985 would cost the agency about $500,000 in fiscal year 2008
and less than $300,000 each year thereafter. First-year costs
include one-time systems upgrades and training expenses.
Enacting the bill would not affect direct spending or revenues.
Section 4 of the Unfunded Mandates Reform Act excludes from
the application of that act any legislative provision that
establishes or enforces statutory rights that prohibit
discrimination on the basis of disability. CBO has determined
that the provisions of H.R. 3985 fall within that exclusion;
therefore, we have not reviewed them for intergovernmental or
private-sector mandates.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 3985 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
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
Transportation 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).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3985 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are 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
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 131--GENERAL PROVISIONS
* * * * * * *
Sec. 13102. Definitions
In this part, the following definitions shall apply:
(1) * * *
* * * * * * *
(27) Over-the-road bus.--The term ``over-the-road
bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.
* * * * * * *
CHAPTER 139--REGISTRATION
* * * * * * *
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
(A) * * *
(B)(i) * * *
* * * * * * *
(iii) the safety fitness requirements
established by the Secretary under section
31144; [and]
(C) the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the
Secretary may issue, for transportation
provided by an over-the-road bus; and
[(C)] (D) the minimum financial
responsibility requirements established by the
Secretary pursuant to sections 13906 and 31138.
* * * * * * *
(5) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), the
safety regulations of the Secretary, or the safety
fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of
household goods as a household goods motor carrier, the
Secretary may also hear a complaint on the ground that
the registrant fails or will fail to comply with the
requirements of paragraph (2) of this subsection.
* * * * * * *
Sec. 13905. Effective periods of registration
(a) * * *
* * * * * * *
(d) Suspension, Amendments, and Revocations.--
(1) In general.--On application of the registrant,
the Secretary may amend or revoke a registration. On
complaint or on the Secretary's own initiative and
after notice and an opportunity for a proceeding, the
Secretary may (A) suspend, amend, or revoke any part of
the registration of a motor carrier, broker, or freight
forwarder for willful failure to comply with this part,
an applicable regulation or order of the Secretary or
of the Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), or a
condition of its registration; and (B) suspend, amend,
or revoke any part of the registration of a motor
carrier, broker, or freight forwarder: (i) for failure
to pay a civil penalty imposed under chapter 5, 51,
149, or 311 of this title; or (ii) for failure to
arrange and abide by an acceptable payment plan for
such civil penalty, within 90 days of the time
specified by order of the Secretary for the payment of
such penalty. Subparagraph (B) shall not apply to any
person who is unable to pay a civil penalty because
such person is a debtor in a case under chapter 11 of
title 11, United States Code.
* * * * * * *
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