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 licens-
ing agency, or other person or agency responsible for regu-
lating 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 pro-
ficiency standards established by the State concerned, as
the case may be.
SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHIL-
DREN 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 OP-
ERATIONS.—Section 31136 of title 49, United States
Code, is amended—
(1) by striking the second sentence of sub-
section (e); and
(2) by adding at the end the following new sub-
section:
‘‘(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 mak-
ing the relevant commercial motor carrier safety regula-
tions issued under subsection (a) applicable to all inter-
state 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 in-
forming all local educational agencies (as defined in sec-
tion 14101 of the Elementary and Secondary Education
Act of 1965) that they must comply with the Federal com-
mercial motor vehicle safety regulations issued under sec-
tion 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. 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.
(4) A requirement that school buses manufac-
tured after the effective date of the rule be equipped
with a bumper sensor, wheel guard, and front bump-
er gate and a system that automatically applies the
vehicle’s brakes when the bumper sensor, wheel
guard, or front bumper gate makes contact with an
object or pedestrian.
(5) A requirement that school buses manufac-
tured after the effective date of the rule be equipped
with a system that detects a trapped obstacle in the
door of the vehicle and automatically applies the ve-
hicle’s brakes, or provides a warning to the driver,
when such a object is detected.
(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), (3), (4), or (5)
of subsection (a) that the Secretary determines to be fea-
sible and practicable.
SEC. 7. 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) FEES IMPOSED BY STATE AGENCIES.—
(A) IN
GENERAL.—A State agency des-
ignated under subsection (c) 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 State agency of providing such as-
sistance.
(B) MONITORING.—A State shall monitor
the collection of fees by an agency of the State
under this paragraph for purposes of ensuring
that—