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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bring Enhanced Li-
ability in Transportation for Students Act’’. 
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TITLE 
I—SCHOOL 
BUS 
SEAT 
BELT DEMONSTRATION PRO-
GRAM 
SEC. 101. SCHOOL BUS SEAT BELT DEMONSTRATION PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
may award grants to States to develop a school bus seat 
belt program to purchase type 1 school buses equipped 
with lap/shoulder seat belts or equip existing type 1 school 
buses with lap/shoulder seat belts. 
(b) APPLICATION.—In order to qualify for a grant 
under this section, a State shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, including— 
(1) an assurance that the State will use grant 
funds to purchase type 1 school buses with lap/ 
shoulder seat belts or equip existing type 1 school 
buses with such seat belts; 
(2) an assurance that the State is in compliance 
with sections 171 and 172 of title 23, United States 
Code; and 
(3) a list of the local educational agencies which 
the State selects to receive the seat belt equipped 
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buses, including the reasons why each agency should 
receive school buses with seat belts. 
(c) 
LOCAL
EDUCATIONAL
AGENCY
REQUIRE-
MENTS.—The State shall require that any local edu-
cational agency that receives grant funds pursuant to this 
Act shall develop— 
(1) a plan to ensure that all students riding the 
school buses with lap/shoulder belts are using them; 
and 
(2) an educational program regarding seat belt 
safety. 
(d) GRANT AMOUNTS.—Before awarding a grant 
under this section, the Secretary shall ensure that each 
grant award is of sufficient size and scope to carry out 
the requirements of this section. 
(e) FUNDING.—In order to fund grant awards under 
this section, the Secretary shall use funds not apportioned 
pursuant to sections 171 and 172 of title 23, United 
States Code. 
(f) DEFINITION.—In this section, the term ‘‘type 1 
school bus’’ means a school bus weighing more than 
10,000 pounds. 
(g) REPORTING.—Not later than 1 year after the 
date of enactment of this Act, the State shall submit a 
report to the Secretary regarding the effectiveness of the 
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lap/shoulder seat belt program in any local educational 
agency using grant funds under this section, including— 
(1) student usage of seat belts; and 
(2) the impact on school bus seating capacity. 
TITLE II—SCHOOL BUS DRIVER 
SAFETY ENFORCEMENT 
SEC. 201. WITHHOLDING FOR NONCOMPLIANCE OF BACK-
GROUND CHECKS OF SCHOOL BUS DRIVERS. 
(a) WITHHOLDING APPORTIONMENTS.—Chapter 1 of 
title 23, United States Code, is further amended by adding 
at the end the following: 
‘‘§ 172. Withholding apportionments for noncompli-
ance of background checks of school bus 
drivers 
‘‘(a) WITHHOLDING.—The Secretary shall withhold 
10 percent of the amount required to be apportioned to 
any State under paragraphs (1), (3), and (4) of section 
104(b) on October 1, 2017, and on each October 1 there-
after if the State does not meet the requirements of para-
graph (2). 
‘‘(b) REQUIREMENT.—A State meets the require-
ments of this paragraph if the State has enacted a law 
that requires the employer to conduct a background check 
before hiring a school bus driver. Such background check 
shall include— 
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‘‘(1) a review of State and local court informa-
tion on arrests, charges, convictions; 
‘‘(2) a review of any sex offender registry; and 
‘‘(3) a review of any child abuse or dependent 
adult abuse registry. 
‘‘(c) PERIOD
OF AVAILABILITY
OF APPORTIONED 
FUNDS.—Funds withheld after the date specified in sub-
section (a)(1) from apportionments to any State shall not 
be available for apportionment to that State and such 
funds will lapse.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is further 
amended by adding at the end the following: 
‘‘172. Withholding apportionments for noncompliance of background checks of 
school bus drivers.’’. 
TITLE III—SCHOOL BUS SAFETY 
SEC. 301. WITHHOLDING APPORTIONMENTS FOR NON-
COMPLIANCE WITH SCHOOL BUS PASSINGS. 
(a) WITHHOLDING APPORTIONMENTS.—Chapter 1 of 
title 23, United States Code, is amended by adding at the 
end the following: 
‘‘§ 171. Withholding apportionments for noncompli-
ance with school bus passings 
‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.— 
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‘‘(1) WITHHOLDING.—The Secretary shall with-
hold 10 percent of the amount required to be appor-
tioned to any State under paragraphs (1), (3), and 
(4) of section 104(b) on October 1, 2017, and on 
each October 1 thereafter if the State does not meet 
the requirements of paragraph (2). 
‘‘(2) REQUIREMENT.—A State meets the re-
quirements of this paragraph if the State has en-
acted and is enforcing a law that imposes the fol-
lowing penalties to a motorist who is found guilty of 
illegally passing a stopped school bus: 
‘‘(A) FIRST OFFENSE.—For a first offense, 
a fine of not less than $250 with the possibility 
of jail time and license suspension. 
‘‘(B) SECOND OFFENSE WITHIN A 5-YEAR 
PERIOD OF A FIRST OFFENSE.—For a second 
offense within a 5-year period of a first offense, 
a fine of not less than $315 with the possibility 
of jail time and license suspension. 
‘‘(b) PERIOD
OF AVAILABILITY
OF APPORTIONED 
FUNDS.—Funds withheld after the date specified in sub-
section (a)(1) from apportionments to any State shall not 
be available for apportionment to that State and such 
funds will lapse.’’. 
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘171. Withholding apportionments for noncompliance with school bus 
passings.’’. 
SEC. 302. GRANTS FOR MOTION-ACTIVATED DETECTION 
SYSTEM ON SCHOOL BUSES. 
(a) IN GENERAL.—The Secretary of Transportation 
may provide grants to States to equip school buses with 
a motion-activated detection system. 
(b) APPLICATION.—In order to qualify for a grant 
under this section, a State shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, including— 
(1) an assurance that the State will use grant 
funds to purchase motion-activated detection sys-
tems for school buses; and 
(2) an assurance that the State is in compliance 
with sections 171 and 172 of title 23, United States 
Code. 
(c) GRANT AMOUNTS.—Before awarding a grant 
under this section, the Secretary shall ensure that each 
grant award is of sufficient size and scope to carry out 
the requirements of this section. 
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