[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1993 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1993

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 1997

Mr. Traficant introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
  Committees on Education and the Workforce, and the Judiciary, for a 
 period to be subsequently determined by the speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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.

    In this Act, the following definitions apply:
            (1) Bus.--The term ``bus'' means a motor vehicle with 
        motive power, except a trailer, designed for carrying more than 
        10 persons.
            (2) School bus.--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.
            (3) Secretary.--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 the 
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, instead 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. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN 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 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 
Education Agencies.--Not later than 6 months after the date of the 
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).''.
    (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 informing all local educational agencies (as defined 
in section 14101 of the Elementary and Secondary Education Act of 1965) 
that they must 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.
    (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 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, design, and 
        securement standards for wheelchairs used in the transportation 
        of students in school buses.
            (4) A requirement that school buses manufactured after the 
        effective date of the rule be equipped with a bumper sensor, 
        wheel guard, and front bumper 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 manufactured 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 vehicle'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 promulgate 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 feasible 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 
transportation 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 employment 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 guidelines set forth in section 3(b) of the National Child 
Protection 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 damages on the basis of a criminal 
conviction of a person employed 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 agency or 
        contractor pursuant to the check.
    (e) Fees.--
            (1) Fees imposed by state agencies.--
                    (A) In general.--A State agency designated 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 
                assistance.
                    (B) Monitoring.--A State shall monitor the 
                collection of fees by an agency of the State under this 
                paragraph for purposes of ensuring that--
                            (i) such fees are collected on a uniform 
                        basis; and
                            (ii) the amounts collected reflect only the 
                        actual cost to the State agency of providing 
                        assistance in the conduct of background checks.
            (2) Fees imposed by federal bureau of investigation.--
                    (A) In general.--The Federal Bureau of 
                Investigation 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 Federal Bureau of Investigation 
                of providing such assistance.
                    (B) Monitoring.--The Attorney General shall monitor 
                the collection of fees under this paragraph for 
                purposes of ensuring that--
                            (i) such fees are collected on a uniform 
                        basis; and
                            (ii) the amounts collected reflect only the 
                        actual cost to the Federal Bureau of 
                        Investigation of providing assistance in the 
                        conduct of background checks.
    (f) Definitions.--In this section, the following definitions 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 background check system.--The 
        term ``national criminal history background check system'' has 
        the meaning given such term in section 5(6) of the National 
        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.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall apply to the new employment of persons by local 
        educational agencies or contractors beginning on the later of--
                    (A) the date that is 60 days after the date of the 
                enactment of this Act; or
                    (B) the date on which the State in which the 
                agencies or contractors are located establishes the 
                procedures required under subsection (c).
            (2) Exceptions.--During the period beginning on the date of 
        the enactment of this Act and ending on the date of the 
        applicability of this section to a local educational agency or 
        contractor under paragraph (1), the local educational agency or 
        contractor shall, to the maximum extent practicable, request 
        that the Federal Bureau of Investigation conduct a background 
        check with fingerprints of each person newly employed by the 
        local educational agency or contractor as a school bus driver 
        of or on behalf of the local educational agency.
    (h) 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 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 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:
            ``(9) the carrying out of criminal background checks of 
        potential drivers of school buses under section 4 of the School 
        Bus Safety Act.''.

SEC. 8. 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, 1998, 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, 1998, and after an 
        opportunity for public comment, issue a final rule establishing 
        such criteria.

SEC. 9. SCHOOL TRANSPORTATION SAFETY.

    (a) Study.--Not later than 3 months after the date of the enactment 
of this Act, the Secretary shall enter into an agreement with the 
Transportation Research Board of the National Academy of Sciences to 
conduct a study of the safety issues attendant to transportation of 
school children to and from school and school-related activities by 
various transportation modes.
    (b) Terms of Agreement.--The agreement entered into in subsection 
(a) shall provide that--
            (1) the Transportation Research Board, in conducting the 
        study, consider--
                    (A) in consultation with the National 
                Transportation Safety Board, the Bureau of 
                Transportation Statistics, and other relevant entities, 
                available crash injury data, and if unavailable or 
                insufficient, recommend a new data collection regimen 
                and implementation guidelines; and
                    (B) vehicle design and driver training 
                requirements, routing, and operational factors that 
                affect safety and other factors that the Secretary 
                considers appropriate; and
            (2) the panel conducting the study shall include 
        representatives of highway safety organizations, school 
        transportation, mass transportation providers, employee 
        organizations, academic and policy analysts, and other 
        interested parties.
    (c) Report.--Not later than 12 months after the date of entry into 
the agreement under subsection (a), the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report containing the results of the study.

SEC. 10. PILOT PROGRAM TO ASSESS BENEFITS OF EQUIPPING SCHOOL BUSES 
              WITH SAFETY RESTRAINT DEVICES.

    (a) Establishment.--The Secretary shall carry out a pilot program 
to assess the benefits of equipping school buses with Aaron Gordon type 
flight attendant double shoulder harness mechanisms or other safety 
restraint devices providing equal or greater passenger protection.
    (b) Grants.--In carrying out the program, the Secretary may make 
grants to one school district for equipping school buses in the 
district with safety restraint devices described in subsection (a).
    (c) Federal Share.--The Federal share of the cost of a project 
carried out using a grant under subsection (b) may not exceed 50 
percent of such cost.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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