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-HIGH-
WAY 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 para-
graph (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 ve-
hicle-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 Sec-
retary shall ensure that each State receiving aid to con-
duct highway safety programs under section 402(c) of title
23, United States Code, shall utilize a portion (as deter-
mined by the Secretary) of such aid for the purpose of
conducting traffic engineering activities in order to im-
prove 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 FEA-
SIBILITY 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 follow-
ing:
(1) A requirement for a decrease in the flam-
mability of the materials used in the construction of
the interiors of school buses.
(2) A requirement that individuals, school dis-
tricts, or companies that sell in the secondary mar-
ket school buses that may be used in interstate com-
merce inform purchasers of such buses that such
buses may not meet current National Highway
Transportation Safety Administration standards or
Federal Highway Administration standards with re-
spect 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 pro-
mulgate a final rule providing for any requirement or
standard referred to in paragraph (1), (2), or (3) of sub-
section (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 edu-
cational agencies, the National Safety Council, and high-
way 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 sec-
tion 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 transpor-
tation 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 em-
ployment 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 guide-
lines set forth in section 3(b) of the National Child Protec-
tion 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 dam-
ages on the basis of a criminal conviction of a person em-
ployed 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 agen-
cy or contractor pursuant to the check.
(e) FEES.—
(1) IN GENERAL.—The Federal Bureau of In-
vestigation may impose and collect fees for the pro-
vision of assistance in the conduct of checks under
this section. The amount of such fees may not ex-
ceed the actual cost to the Federal Bureau of Inves-
tigation 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 Investiga-
tion of providing assistance in the conduct of
background checks.
(f) DEFINITIONS.—In this section, the following defi-
nitions 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
BACK-
GROUND
CHECK
SYSTEM.—The term ‘‘national
criminal history background check system’’ has the
meaning given such term in section 5(6) of the Na-
tional 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.—
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 para-
graph (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 sec-
tion 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 ve-
hicles are engaged in school bus operations.
(C) The point at which a public transit ve-
hicle 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 op-
erations 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 dif-
ferences 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 con-
siders 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 sub-
section (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 In-
frastructure 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 CRI-
TERIA 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.
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