[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1633 Introduced in Senate (IS)]

  2d Session
                                S. 1633

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 1996

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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Omnibus School 
Transportation Safety Act of 1996''.
    (b) Findings.--The Congress finds the following:
            (1) In the United States, school buses travel more than 
        4,000,000,000 miles each year to transport approximately 
        25,000,000 children to and from school and various school-
        related activities.
            (2) School buses are specifically designed to carry 
        children safely to and from school, and generally are operated 
        by educational agencies that receive Federal assistance for 
        educational activities.
            (3) On the average, each year in the United States--
                    (A) 17 occupants are killed while riding school 
                buses, of which--
                            (i) 10 pupils are killed while riding type 
                        I school buses with a gross weight rating of 
                        greater than 10,000 pounds, and those school 
                        buses are predominantly used in the United 
                        States;
                            (ii) 2 pupils are killed while riding other 
                        vehicles used as school buses; and
                            (iii) 5 drivers are killed while driving 
                        school buses;
                    (B) 38 children are killed in loading zones 
                surrounding school buses;
                    (C) 480 children are seriously injured while riding 
                school buses; and
                    (D) 160 children are seriously injured while 
                boarding or leaving school buses.
            (4) Although most crashes involving school buses are minor, 
        some examples of serious crashes that have had tragic 
        consequences, include--
                    (A) the school bus crash that occurred in Alton, 
                Texas;
                    (B) the school bus crash that occurred in October 
                of 1995, in Fox River Grove, Illinois; and
                    (C) the recent school bus crash outside of Green 
                Bay, Wisconsin, that killed the driver.
            (5) Each year approximately 35,000 school buses are 
        manufactured in the United States. The components for those 
        buses are produced in various locations throughout the United 
        States. The few companies that manufacture those buses ship the 
        buses throughout the United States and to foreign countries.
            (6) Numerous Federal laws, including subtitle VI of title 
        49, United States Code, regulate school buses as commercial 
        motor vehicles. Subtitle VI of title 49, United States Code, 
        provides for--
                    (A) motor vehicle safety standards under chapter 
                311 of that subtitle; and
                    (B) the regulation of commercial motor vehicle 
                operators under chapter 313 of that subtitle.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Bus.--The term ``bus'' means a motor vehicle with 
        motive power, except a trailer, designed for carrying more than 
        10 persons.
            (2) Local educational agency.--The term ``local educational 
        agency'' means a local educational agency (as that term is 
        defined in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801)) that receives Federal 
        funds.
            (3) National criminal history background check system.--The 
        term ``national criminal history background check system'' has 
        the meaning given that term in section 5(6) of the National 
        Child Protection Act of 1993 (42 U.S.C. 5119c(6)).
            (4) Newly employed.--With respect to the employment of a 
        school bus driver by an employer, the term ``newly employed'' 
        applies to the initial employment of an individual who has not 
        been similarly employed by that employer.
            (5) Postsecondary institution.--The term ``postsecondary 
        institution'' means an institution of higher education, as that 
        term is defined in section 481(a)(1) of the Higher Education 
        Act of 1965 (20 U.S.C. 1088(a)(1)).
            (6) Private school.--The term ``private school'' includes 
        any private postsecondary institution.
            (7) School bus.--The term ``school bus''--
                    (A) means a bus that is used for purposes that 
                include carrying pupils to and from a public or private 
                school or school-related events on a regular basis; and
                    (B) does not include a transit bus or a school-
                chartered bus.
            (8) School-chartered bus.--The term ``school-chartered 
        bus'' means a bus that is operated under a short-term contract 
        with State, local, or private school authorities, which 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.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.

SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.

    (a) Proficiency Standards.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue regulations 
establishing proficiency standards for school bus drivers (including 
drivers of school-chartered buses) who are required under applicable 
State law to possess a commercial driver's license to operate a school 
bus.
    (b) Exemption for Certain States.--The regulations issued under 
subsection (a) shall provide that a State may use State proficiency 
standards, in lieu of the standards established by such regulations, 
if--
            (1) the State proficiency standards are established before 
        the date on which the proficiency standards under such 
        regulations are established; and
            (2) the Secretary determines that such State proficiency 
        standards are as rigorous as the proficiency standards under 
        such regulations.
    (c) Demonstration of Proficiency.--Upon the establishment of the 
proficiency standards under subsection (a), each school bus driver 
referred to in such subsection shall demonstrate (at such intervals as 
the Secretary shall prescribe) to the employer of the driver, the local 
educational agency, the State licensing agency, or other person or 
agency responsible for regulating school bus drivers, the proficiency 
of that driver in operating a school bus in accordance, as the case may 
be, with the proficiency standards--
            (1) established by the regulations issued under subsection 
        (a); or
            (2) established by the State concerned and determined by 
        the Secretary to be as rigorous as the proficiency standards 
        established by the regulations issued under subsection (a).

SEC. 4. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS.

    (a) Prohibition on Employment Pending Check.--Notwithstanding any 
other provision of law, no local educational agency, private school, or 
contractor providing school transportation services to a local 
educational agency or private school, may newly employ an individual as 
a driver of a school bus of, or on behalf of, the agency or private 
school before the completion of a background check of that individual 
through the national criminal history background check system to 
determine whether the individual has been convicted of a crime which 
would warrant barring the person from duties as a driver of a school 
bus.
    (b) Background Check Procedures.--
            (1) In general.--Each State shall establish procedures for 
        conducting a background check under this section.
            (2) Requirements for procedures.--The procedures 
        established under this subsection shall include the designation 
        of an agency of the State to--
                    (A) carry out the background checks; and
                    (B) meet the guidelines set forth in section 3(b) 
                of the National Child Protection Act of 1993 (42 U.S.C. 
                5119a(b)).
    (c) Limitation on Liability.--A local educational agency, private 
school, or a contractor providing school transportation services to a 
local educational agency or private school shall not be liable in an 
action for damages on the basis of a criminal conviction of a person 
employed by that agency or contractor as a school bus driver if--
            (1) a background check of the person was conducted under 
        this section; and
            (2) the conviction was not disclosed to the local agency, 
        private school, or contractor providing such transportation 
        services pursuant to the background check.
    (d) Fees.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation may impose and collect a fee for providing 
        assistance in the conduct of a background check under this 
        section. The amount of such fee may not exceed the actual cost 
        to the Federal Bureau of Investigation for providing such 
        assistance.
            (2) Monitoring.--The Attorney General of the United States 
        shall monitor the collection of fees under this subsection for 
        purposes of ensuring that--
                    (A) the fees are collected on a uniform basis; and
                    (B) the amounts collected reflect only the actual 
                cost to the Federal Bureau of Investigation of 
                providing assistance in the conduct of background 
                checks under this section.
    (e) Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall apply to an individual newly employed by a local 
        educational agency, private school, or contractor providing 
        school transportation services to a local educational agency or 
        private school beginning on the later of--
                    (A) the date that is 60 days after the date of 
                enactment of this Act; or
                    (B) the date on which the State agency in which the 
                local educational agency, private school, or contractor 
                providing such transportation services is located 
                establishes the procedures required under subsection 
                (c).
            (2) Background checks conducted by the fbi.--
                    (A) In general.--To the maximum extent practicable, 
                during the period specified in subparagraph (B), a 
                local educational agency, private school, or contractor 
                providing school transportation services shall request 
                that the Federal Bureau of Investigation conduct a 
                background check with fingerprints of each individual 
                newly employed by the local educational agency, private 
                school, or contractor as a school bus driver of the 
                local educational agency, private school, or 
                contractor.
                    (B) Period of applicability.--Subparagraph (A) 
                shall apply to a local educational agency, private 
                school, or contractor providing school transportation 
services during the period beginning on the date of enactment of this 
Act and ending on the date of applicability of this section, as 
determined under paragraph (1).
    (f) Funding.--
            (1) Violence prevention programs.--Section 4116(b)(5) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7116(b)(5)) is amended by striking ``and neighborhood patrols'' 
        and inserting ``neighborhood patrols, and criminal background 
        checks of potential drivers of school buses under section 4 of 
        the Omnibus School Transportation Safety Act of 1996''.
            (2) Innovative education assistance.--Section 6301(b) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7351(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) the carrying out of criminal background checks of 
        potential drivers of school buses under section 4 of the 
        Omnibus School Transportation Safety Act of 1996.''.

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 1 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. STUDY OF OCCUPANT RESTRAINTS IN SCHOOL BUSES.

    (a) Study.--The National Transportation Safety Board organized 
under chapter 11 of title 49, United States Code, shall conduct a study 
on the safety consequences of the requirement of the State of New 
Jersey for lap belts in school buses.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Chairman of the National Transportation Safety Board 
shall submit to the Congress a report containing the findings of the 
study conducted under this section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Transportation Safety Board to carry out 
this section $100,000, which shall remain available until expended.

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, may utilize a 
portion of such aid for the purpose of conducting traffic engineering 
activities in order to improve the safe operation of school buses.

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 
commence or continue to carry out a rulemaking process to determine the 
feasibility and practicability of--
            (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, local educational 
        agencies, or companies that sell in the secondary market school 
        buses that may be used in interstate commerce inform purchasers 
        of those buses that those buses may not meet applicable 
        National Highway Transportation Safety Administration standards 
        or Federal Highway Administration standards; and
            (3) the establishment of construction and design standards 
        for wheelchairs used in the transportation of pupils in school 
        buses.
    (b) Final Rule.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue a final regulation 
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.
    (c) Report to Congress.--If the Secretary makes a determination 
that a requirement or standard referred to in paragraph (1), (2), or 
(3) is not feasible or practicable, not later than the date specified 
in subsection (b), the Secretary shall prepare and submit to the 
Congress a report that provides the reasons for that determination.

SEC. 9. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS.

    The Administrator of the National Highway Traffic Safety 
Administration shall develop and disseminate guidelines for ensuring 
the safe transportation in school buses of children under the age of 5. 
Those guidelines shall include recommendations for the evacuation of 
such children from such buses in the event of an emergency.

SEC. 10. 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, in 
consultation with the appropriate officials or representatives of the 
American Automobile Association, State educational agencies, and 
highway safety organizations, the Secretary shall provide for the 
improvement of--
            (1) training materials on school bus safety; and
            (2) the distribution and availability of such materials to 
        public and private schools for use by the student safety 
        patrols of those schools and to appropriate law enforcement 
        agencies.
    (b) Funding.--Notwithstanding any other provision of law, of the 
funds made available to the Secretary for research on highway safety 
and traffic conditions under section 403 of title 23, United States 
Code, for each of fiscal years 1996 through 2001, $100,000 shall be 
available for each of those fiscal years for the purposes of carrying 
out this section.

SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY.

    (a) Study.--
            (1) In general.--The Secretary shall carry out a study to 
        determine--
                    (A) the extent to which public transit vehicles (as 
                defined by the Secretary) 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; and
                    (C) the differences between school bus operations 
                carried out directly by schools or local educational 
                agencies and school bus operations carried out by 
                schools or local educational agencies by contract or 
                tripper service (as defined by the Secretary).
            (2) Areas.--The study conducted under this subsection 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) routes and operational requirements that affect 
                safety;
                    (E) vehicle attributes that affect safety;
                    (F) bus construction and design standards;
                    (G) Federal and State operating assistance (per 
                passenger, per mile, per hour);
                    (H) total operating costs;
                    (I) Federal and State capital assistance (per 
                passenger, per mile, per hour);
                    (J) total capital costs; and
                    (K) any other factor that the Secretary considers 
                appropriate.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        committees described in paragraph (2) a report on the results 
        of the study carried out under subsection (a).
            (2) Committees.--The committees referred to in paragraph 
        (1) are--
                    (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 Transportation and 
                Infrastructure of the House of Representatives;
                    (E) the Committee on Commerce of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.

SEC. 12. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

    (a) Applicability of Federal Motor Carrier Safety Regulations to 
Interstate School Bus Operations.--Section 31136 of title 49, United 
States Code, is amended--
            (1) by striking the second sentence of subsection (e); and
            (2) by adding at the end the following new subsection:
    ``(g) Applicability to School Transportation Operations of Local 
Educational Agencies.--Not later than 18 months after the date of 
enactment of this subsection, the Secretary shall issue regulations 
making the relevant commercial motor carrier safety regulations issued 
under subsection (a) applicable to all interstate school transportation 
operations by local educational agencies (as defined in section 14101 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
8801)).''.
    (b) Education Program.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall develop and implement an 
education program informing all local educational agencies that those 
agencies are required to comply with the Federal commercial motor 
vehicle safety regulations issued under section 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.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

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