[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2364 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2364

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, July 20), 1994

Mr. Lautenberg  introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.

    As used in this Act--
            (1) The term ``bus'' means a motor vehicle with motive 
        power, except a trailer, designed for carrying more than 10 
        persons.
            (2) 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, but 
        does not include a transit bus or a school-chartered bus.
            (3) The term ``school-chartered bus'' means a bus that is 
        operated under a short-term contract with State or school 
        authorities who have acquired exclusive use of the bus at a 
        fixed charge in order to provide transportation for a group of 
        pupils to a special school-related event.
            (4) 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 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, in lieu 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. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL BUS DRIVERS.

    (a) Requirement for Investigations.--(1) Notwithstanding any other 
provision of law, a local educational agency may not employ a person as 
a driver of a school bus of or on behalf of the agency until the agency 
conducts a background check under procedures that meet the guidelines 
set forth in section 3(b) of the National Child Protection Act of 1993 
(Public Law 103-209; 107 Stat. 2491; 42 U.S.C. 5119a(b)).
    (2) Subject to paragraph (3), the prohibition set forth in 
paragraph (1) shall take effect on the date of the enactment of this 
Act.
    (b) Interim Requirement.--Prior to the establishment of the 
procedures referred to in subsection (a)(1), or a State's participation 
in the procedures referred to in subsection (a)(1), local educational 
agencies shall request the Criminal Justice Information Services 
Division of the Federal Bureau of Investigation to conduct a 
fingerprint based check through its criminal history files, and the 
Division shall comply with such a request.
    (c) Definition.--In this section, the term ``local educational 
agency'' has the meaning given such term in section 1471(12) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).

SEC. 5. 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. 6. SEAT BELTS IN SCHOOL BUSES.

    (a) Requirement for Installation.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall prescribe 
regulations that require that driver seat belts and passenger seat 
belts (including lap safety belts or other child safety devices meeting 
applicable Federal safety standards) be installed for each seating 
position in any newly manufactured school bus.
    (b) Promotion of Seat Belt Usage.--
            (1) In general.--The Secretary, in consultation with 
        appropriate safety organizations and parent-teacher 
        organizations, shall conduct a program to promote and encourage 
        the use of seat belts in school buses.
            (2) Elements of program.--In conducting the program 
        required under this subsection, the Secretary shall--
                    (A) encourage State and local governments to enact 
                and implement laws requiring mandatory usage of seat 
                belts in school buses;
                    (B) develop and disseminate educational materials 
                on the importance of using seat belts to passengers and 
                drivers of school buses; and
                    (C) recognize in an appropriate manner school 
                districts that achieve a high level of seat belt usage 
                by passengers and drivers of school buses.

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 and design standards 
        for wheelchairs used in the transportation of students in 
        school buses.
    (b) Final Rule.--Not later than 2 years after such date, 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, and highway safety organizations, shall--
            (1) improve the training 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. 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 extent to which public transit vehicles are 
                engaged in school bus operations.
                    (B) 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.
                    (C) 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)(C) 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.--(1) Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the committees referred to 
in paragraph (2) a report on the results of the study carried out under 
subsection (a).
    (2) The committees referred to in paragraph (1) are the following:
            (A) The Committee on Environment and Public Works of the 
        Senate.
            (B) The Committee on Commerce, Science, and Transportation 
        of the Senate.
            (C) The Committee on Appropriations of the Senate.
            (D) The Committee on Public Works and Transportation of the 
        House of Representatives.
            (E) The Committee on Energy and Commerce of the House of 
        Representatives.
            (F) The Committee on Appropriations of the House of 
        Representatives.

SEC. 11. 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, 1994, 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, 1995, and after an 
        opportunity for public comment, issue a final rule establishing 
        such criteria.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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