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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1884 Introduced in House (IH)]

  1st Session
                                H. R. 1884

       To provide for school bus safety, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1995

Mr. Traficant introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Economic and Educational Opportunities and the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
       To provide for school bus safety, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Bus Safety Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Bus.--The term ``bus'' means a motor vehicle with 
        motive power, except a trailer, designed for carrying more than 
        10 persons.
            (2) School bus.--The term ``school bus'' means a bus that 
        is used for purposes that include carrying pupils to and from 
        public or private school or school-related events on a regular 
        basis.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.

    (a) Requirement.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall prescribe proficiency 
standards for school bus drivers who are required to possess a 
commercial driver's license to operate a school bus.
    (b) Exemption for Certain States.--In prescribing proficiency 
standards under subsection (a), the Secretary shall provide that a 
State may, instead of utilizing such proficiency standards, utilize 
proficiency standards established by the State before the date of the 
prescription of efficiency standards under subsection (a) if the 
Secretary determines that the standards of the State establish 
proficiency requirements as rigorous as the proficiency requirements 
established under the standards prescribed under subsection (a).
    (c) Demonstration of Proficiency.--Upon the prescription of 
standards under subsection (a), each school bus driver referred to in 
subsection (a) shall demonstrate (at such interval as the Secretary 
shall prescribe) to the employer of the driver, the school district, 
the State licensing agency, or other person or agency responsible for 
regulating school bus drivers the proficiency of such driver in 
operating a school bus in accordance with the proficiency standards 
prescribed under subsection (a) or the proficiency standards 
established by the State concerned, as the case may be.

SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS.

    The Administrator of the National Highway Traffic Safety 
Administration shall develop and disseminate guidelines on the safe 
transportation in school buses of children under the age of 5. Such 
guidelines shall include recommendations for the evacuation of such 
children from such buses in the event of an emergency.

SEC. 5. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

    (a) Applicability of Federal Motor Carrier Safety Regulations to 
Interstate School Bus Operations.--Section 31136 of title 49, United 
States Code, is amended--
            (1) by striking the second sentence of subsection (e); and
            (2) by adding at the end the following new subsection:
    ``(g) Applicability to School Transportation Operations of Local 
Education Agencies.--Not later than 6 months after the date of the 
enactment of this subsection, the Secretary shall issue regulations 
making the relevant commercial motor carrier safety regulations issued 
under subsection (a) applicable to all interstate school transportation 
operations by local educational agencies (as defined in section 14101 
of the Elementary and Secondary Education Act of 1965).''.
    (b) Education Program.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary shall develop and implement an 
education program informing all local educational agencies (as defined 
in section 14101 of the Elementary and Secondary Education Act of 1965) 
that they must comply with the Federal commercial motor vehicle safety 
regulations issued under section 31136 of title 49, United States Code, 
when providing interstate transportation on a school bus vehicle to and 
from school-sanctioned and school-related activities.
    (c) Compliance Reports.--Each year for the first 4 years after the 
date of the enactment of this Act, the Secretary shall submit to 
Congress by June 1 a report describing in detail the status of 
compliance by private
 motor carriers (for-hire) and local educational agencies in meeting 
the requirements of section 31136 of title 49, United States Code, and 
enforcement actions undertaken by the Department of Transportation.

SEC. 6. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS FOR SCHOOL 
              BUS SAFETY.

    Section 6055(d) of the Intelligent Vehicle-Highway Systems Act of 
1991 (23 U.S.C. 307 note) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) ensure that one or more operational tests advance the 
        use and reduce the cost of intelligent vehicle-highway system 
        technologies (including hazard warning systems or sensors) that 
        alert school bus drivers of pedestrians or vehicles in, or 
        approaching, the path of the school bus.''.

SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS SAFETY.

    Notwithstanding any other provision of law, the Secretary shall 
ensure that each State receiving aid to conduct highway safety programs 
under section 402(c) of title 23, United States Code, shall utilize a 
portion (as determined by the Secretary) of such aid for the purpose of 
conducting traffic engineering activities in order to improve the safe 
operation of school buses. The Secretary shall, to the maximum extent 
practicable, ensure that the total amount utilized by such States for 
such purpose in any fiscal year shall not be less than $1,000,000.

SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN 
              SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES.

    (a) Commencement of Rulemaking Process.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary shall begin 
a rulemaking process to determine the feasibility and practicability of 
the following:
            (1) A requirement for a decrease in the flammability of the 
        materials used in the construction of the interiors of school 
        buses.
            (2) A requirement that individuals, school districts, or 
        companies that sell in the secondary market school buses that 
        may be used in interstate commerce inform purchasers of such 
        buses that such buses may not meet current National Highway 
        Transportation Safety Administration standards or Federal 
        Highway Administration standards with respect to such buses.
            (3) The establishment of construction, design, and 
        securement standards for wheelchairs used in the transportation 
        of students in school buses.
    (b) Final Rule.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall promulgate a final rule 
providing for any requirement or standard referred to in paragraph (1), 
(2), or (3) of subsection (a) that the Secretary determines to be 
feasible and practicable.

SEC. 9. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY.

    (a) Dissemination of Information.--In carrying out research on 
highway safety under section 403 of title 23, United States Code, the 
Secretary, in consultation with the American Automobile Association, 
State educational agencies, the National Safety Council, and highway 
safety organizations, shall--
            (1) improve existing materials on school bus safety; and
            (2) improve the distribution and availability of such 
        materials to schools for use by the student safety patrols of 
        such schools and to appropriate law enforcement agencies.
    (b) Funds.--Notwithstanding any other provision of law, of the 
funds available to the Secretary for research on highway safety and 
traffic conditions under such section 403 in each of fiscal years 1995 
through 2000, $100,000 shall be available in each such fiscal year for 
the purposes of carrying out this section.

SEC. 10. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS.

    (a) Prohibition on Employment Pending Check.--Notwithstanding any 
other provision of law and except as provided in subsection (b), a 
local educational agency, and any contractor providing school 
transportation services to such an agency, may not newly employ a 
person as a driver of a school bus of or on behalf of the agency before 
the completion of a background check of the person in the national 
criminal history background check system. The purpose of the check is 
to determine whether the person has been convicted of a crime which 
would warrant barring the person from duties as a driver of a school 
bus.
    (b) Exception.--A local educational agency or a contractor may 
newly employ a person as a driver of a school bus of or on behalf of 
the agency if a check of the person is not completed by the end of the 
21-day period beginning on the date of the request for the check by the 
agency. The agency or contractor may commence such employment beginning 
at the end of such 21-day period.
    (c) Check Procedures.--Each State shall establish procedures for 
conducting checks under this section. Such procedures shall include the 
designation of an agency of the State to carry out the checks and shall 
meet the guidelines set forth in section 3(b) of the National Child 
Protection Act of 1993 (42 U.S.C. 5119a(b)).
    (d) Limitation on Liability.--A local educational agency or a 
contractor providing transportation services to such an agency shall 
not be liable in an action for damages on the basis of a criminal 
conviction of a person employed by the agency or contractor as a school 
bus driver if--
            (1) a check of the person was conducted under this section; 
        and
            (2) the conviction was not disclosed to the agency or 
        contractor pursuant to the check.
    (e) Fees.--
            (1) In general.--The Federal Bureau of Investigation may 
        impose and collect fees for the provision of assistance in the 
        conduct of checks under this section. The amount of such fees 
        may not exceed the actual cost to the Federal Bureau of 
        Investigation of providing such assistance.
            (2) Monitoring.--The Attorney General shall monitor the 
        collection of fees under this subsection for purposes of 
        ensuring that--
                    (A) such fees are collected on a uniform basis; and
                    (B) the amounts collected reflect only the actual 
                cost to the Federal Bureau of Investigation of 
                providing assistance in the conduct of background 
                checks.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 14101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (2) National criminal history background check system.--The 
        term ``national criminal history background check system'' has 
        the meaning given such term in section 5(6) of the National 
        Child Protection Act of 1993 (42 U.S.C. 5119c(6)).
            (3) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
    (g) Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall apply to the new employment of persons by local 
        educational agencies or contractors beginning on the later of--
                    (A) the date that is 60 days after the date of the 
                enactment of this Act; or
                    (B) the date on which the State in which the 
                agencies or contractors are located establishes the 
                procedures required under subsection (c).
            (2) Exceptions.--During the period beginning on the date of 
        the enactment of this Act and ending on the date of the 
        applicability of this section to a local educational agency or 
        contractor under paragraph (1), the local educational agency or 
        contractor shall, to the maximum extent practicable, request 
        that the Federal Bureau of Investigation conduct a background 
        check with fingerprints of each person newly employed by the 
        local educational agency or contractor as a school bus driver 
        of or on behalf of the local educational agency.
    (h) Funding.--
            (1) Violence prevention programs.--Section 4116(b)(5) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7116(b)(5)) is amended by striking ``and neighborhood patrols'' 
        and inserting ``neighborhood patrols, and criminal background 
        checks of potential drivers of school buses under section 5 of 
        the School Bus Safety Act.''.
            (2) Innovative education assistance.--Section 6301(b) of 
        such Act (20 U.S.C. 7351(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) the carrying out of criminal background checks of 
        potential drivers of school buses under section 4 of the School 
        Bus Safety Act.''.

SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY.

    (a) Study.--
            (1) In general.--The Secretary shall carry out a study to 
        determine the following:
                    (A) The usage of seat belts on school buses.
                    (B) The extent to which public transit vehicles are 
                engaged in school bus operations.
                    (C) The point at which a public transit vehicle is 
                sufficiently engaged in such operations as to be 
                considered a school bus for purposes of regulation 
                under Federal law.
                    (D) The differences between school bus operations 
                carried out directly by schools or school districts and 
                school bus operations carried out by schools or school 
                districts by contract.
            (2) Areas.--The study shall address the differences between 
        the services and operations referred to in paragraph (1)(D) in 
        terms of--
                    (A) crash injury data;
                    (B) driver and carrier requirements;
                    (C) passenger transportation requirements;
                    (D) bus construction and design standards;
                    (E) Federal and State operating assistance (per 
                passenger/per mile/per hour);
                    (F) total operating costs;
                    (G) Federal and State capital assistance (per 
                passenger/per mile/per hour);
                    (H) total capital costs; and
                    (I) such other factors as the Secretary considers 
                appropriate.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report on the results of the 
study carried out under subsection (a) the following:
            (1) The Committee on Environment and Public Works of the 
        Senate.
            (2) The Committee on Commerce, Science, and Transportation 
        of the Senate.
            (3) The Committee on Appropriations of the Senate.
            (4) The Committee on Transportation and Infrastructure of 
        the House of Representatives.
            (5) The Committee on Commerce of the House of 
        Representatives.
            (6) The Committee on Appropriations of the House of 
        Representatives.

SEC. 12. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY 
              PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES.

    The Secretary of Transportation shall--
            (1) not later than December 31, 1995, issue a notice of 
        proposed rulemaking with respect to the minimum reporting 
        criteria required under the tenth sentence of section 402(a) of 
        title 23, United States Code; and
            (2) not later than December 31, 1996, and after an 
        opportunity for public comment, issue a final rule establishing 
        such criteria.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
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