I 

114TH CONGRESS 

2D SESSION H. R. 6461 

To encourage school bus safety. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2016 

Mr. COHEN introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Education and the Workforce, 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 encourage school bus safety. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bring Enhanced Li5 ability in Transportation for Students Act’’. 


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1 TITLE I—SCHOOL BUS SEAT 

2 BELT DEMONSTRATION PRO3 GRAM 

4 SEC. 101. SCHOOL BUS SEAT BELT DEMONSTRATION PRO5 GRAM. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 may award grants to States to develop a school bus seat 

8 belt program to purchase type 1 school buses equipped 

9 with lap/shoulder seat belts or equip existing type 1 school 

10 buses with lap/shoulder seat belts. 

11 (b) APPLICATION.—In order to qualify for a grant 

12 under this section, a State shall submit an application to 

13 the Secretary at such time, in such manner, and con14 taining such information and assurances as the Secretary 

15 may require, including— 

16 (1) an assurance that the State will use grant 

17 funds to purchase type 1 school buses with lap/ 

18 shoulder seat belts or equip existing type 1 school 

19 buses with such seat belts; 

20 (2) an assurance that the State is in compliance 

21 with sections 171 and 172 of title 23, United States 

22 Code; and 

23 (3) a list of the local educational agencies which 

24 the State selects to receive the seat belt equipped 


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1 buses, including the reasons why each agency should 

2 receive school buses with seat belts. 

3 (c) LOCAL EDUCATIONAL AGENCY REQUIRE4 MENTS.—The State shall require that any local edu5 cational agency that receives grant funds pursuant to this 

6 Act shall develop— 

7 (1) a plan to ensure that all students riding the 

8 school buses with lap/shoulder belts are using them; 

9 and 

10 (2) an educational program regarding seat belt 

11 safety. 

12 (d) GRANT AMOUNTS.—Before awarding a grant 

13 under this section, the Secretary shall ensure that each 

14 grant award is of sufficient size and scope to carry out 

15 the requirements of this section. 

16 (e) FUNDING.—In order to fund grant awards under 

17 this section, the Secretary shall use funds not apportioned 

18 pursuant to sections 171 and 172 of title 23, United 

19 States Code. 

20 (f) DEFINITION.—In this section, the term ‘‘type 1 

21 school bus’’ means a school bus weighing more than 

22 10,000 pounds. 

23 (g) REPORTING.—Not later than 1 year after the 

24 date of enactment of this Act, the State shall submit a 

25 report to the Secretary regarding the effectiveness of the 


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1 lap/shoulder seat belt program in any local educational 

2 agency using grant funds under this section, including— 

3 (1) student usage of seat belts; and 

4 (2) the impact on school bus seating capacity. 

5 TITLE II—SCHOOL BUS DRIVER 

6 SAFETY ENFORCEMENT 

7 SEC. 201. WITHHOLDING FOR NONCOMPLIANCE OF BACK8 GROUND CHECKS OF SCHOOL BUS DRIVERS. 

9 (a) WITHHOLDING APPORTIONMENTS.—Chapter 1 of 

10 title 23, United States Code, is further amended by adding 

11 at the end the following: 

12 ‘‘§ 172. Withholding apportionments for noncompli13 ance of background checks of school bus 

14 drivers 

15 ‘‘(a) WITHHOLDING.—The Secretary shall withhold 

16 10 percent of the amount required to be apportioned to 

17 any State under paragraphs (1), (3), and (4) of section 

18 104(b) on October 1, 2017, and on each October 1 there19 after if the State does not meet the requirements of para20 graph (2). 

21 ‘‘(b) REQUIREMENT.—A State meets the require22 ments of this paragraph if the State has enacted a law 

23 that requires the employer to conduct a background check 

24 before hiring a school bus driver. Such background check 

25 shall include— 


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1 ‘‘(1) a review of State and local court informa2 tion on arrests, charges, convictions; 

3 ‘‘(2) a review of any sex offender registry; and 

4 ‘‘(3) a review of any child abuse or dependent 

5 adult abuse registry. 

6 ‘‘(c) PERIOD OF AVAILABILITY OF APPORTIONED

7 FUNDS.—Funds withheld after the date specified in sub8 section (a)(1) from apportionments to any State shall not 

9 be available for apportionment to that State and such 

10 funds will lapse.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 1 of title 23, United States Code, is further 

13 amended by adding at the end the following: 

‘‘172. Withholding apportionments for noncompliance of background checks of 

school bus drivers.’’. 

14 TITLE III—SCHOOL BUS SAFETY 

15 SEC. 301. WITHHOLDING APPORTIONMENTS FOR NON16 COMPLIANCE WITH SCHOOL BUS PASSINGS. 

17 (a) WITHHOLDING APPORTIONMENTS.—Chapter 1 of 

18 title 23, United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘§ 171. Withholding apportionments for noncompli21 ance with school bus passings 

22 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON23 COMPLIANCE.— 


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1 ‘‘(1) WITHHOLDING.—The Secretary shall with2 hold 10 percent of the amount required to be appor3 tioned to any State under paragraphs (1), (3), and 

4 (4) of section 104(b) on October 1, 2017, and on 

5 each October 1 thereafter if the State does not meet 

6 the requirements of paragraph (2). 

7 ‘‘(2) REQUIREMENT.—A State meets the re8 quirements of this paragraph if the State has en9 acted and is enforcing a law that imposes the fol10 lowing penalties to a motorist who is found guilty of 

11 illegally passing a stopped school bus: 

12 ‘‘(A) FIRST OFFENSE.—For a first offense, 

13 a fine of not less than $250 with the possibility 

14 of jail time and license suspension. 

15 ‘‘(B) SECOND OFFENSE WITHIN A 5-YEAR

16 PERIOD OF A FIRST OFFENSE.—For a second 

17 offense within a 5-year period of a first offense, 

18 a fine of not less than $315 with the possibility 

19 of jail time and license suspension. 

20 ‘‘(b) PERIOD OF AVAILABILITY OF APPORTIONED

21 FUNDS.—Funds withheld after the date specified in sub22 section (a)(1) from apportionments to any State shall not 

23 be available for apportionment to that State and such 

24 funds will lapse.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 adding at the end the following: 

‘‘171. Withholding apportionments for noncompliance with school bus 

passings.’’. 

4 SEC. 302. GRANTS FOR MOTION-ACTIVATED DETECTION 

5 SYSTEM ON SCHOOL BUSES. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 may provide grants to States to equip school buses with 

8 a motion-activated detection system. 

9 (b) APPLICATION.—In order to qualify for a grant 

10 under this section, a State shall submit an application to 

11 the Secretary at such time, in such manner, and con12 taining such information and assurances as the Secretary 

13 may require, including— 

14 (1) an assurance that the State will use grant 

15 funds to purchase motion-activated detection sys16 tems for school buses; and 

17 (2) an assurance that the State is in compliance 

18 with sections 171 and 172 of title 23, United States 

19 Code. 

20 (c) GRANT AMOUNTS.—Before awarding a grant 

21 under this section, the Secretary shall ensure that each 

22 grant award is of sufficient size and scope to carry out 

23 the requirements of this section. 


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1 (d) FUNDING.—In order to fund grant awards under 

2 this section, the Secretary shall use funds not apportioned 

3 pursuant to sections 171 and 172 of title 23, United 

4 States Code. 

5 (e) REPORTS.—Not later than 1 year after the date 

6 of enactment of this Act, the State shall submit a report 

7 to the Secretary regarding the effectiveness of the motion8 activated detection system in any local educational agency 

9 using grant funds under this section, including— 

10 (1) whether or not the detection system has 

11 prevented children from being hit by a school bus; 

12 and 

13 (2) a cost benefit analysis of using these detec14 tion systems on school buses. 

15 (f) DEFINITION.—For purposes of this Act, the term 

16 ‘‘motion-activated detection system’’ means a sensor sys17 tem that uses radio signals or radar waves to detect a 

18 moving target near the front, rear, and sides of a school 

19 bus. The system sounds an alarm to alert the driver when 

20 a moving target is detected within the specified danger 

21 zones of the bus. 

Æ 


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