II 110th CONGRESS 2d Session S. 3590 IN THE SENATE OF THE UNITED STATES September 25 (legislative day, September 17), 2008 Mr. Reid introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide grants for use by rural local educational agencies in purchasing new school buses.

1.

Short title

This Act may be cited as the Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2008.

2.

Findings and purpose

(a)

Findings

Congress finds that— (1)school transportation issues remain a concern for parents, State and local educational agencies, lawmakers, the National Highway Traffic Safety Administration, the National Transportation Safety Board, and the Environmental Protection Agency; (2)many rural local educational agencies are operating outdated, unsafe school buses that are failing inspection, resulting in a depletion of the school bus fleets of the local educational agencies; (3)many rural local educational agencies are unable to afford newer and safer buses; (4)the rising cost of fuel has further strained the budgets of local educational agencies across the country; and (5)millions of children face potential future health problems because of exposure to noxious fumes emitted from older school buses. (b)

Purpose

The purpose of this Act is to establish within the Department of Transportation a Federal cost-sharing program to assist rural local educational agencies with older, unsafe school bus fleets in purchasing newer, safer school buses.

3.

Definitions

In this Act: (1)

Rural local educational agency

The term rural local educational agency means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), with respect to which— (A)each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; (B)all schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary of Education; or (C)all schools served by the local educational agency have been designated, by official action taken by the legislature of the State in which the local educational agency is located, as rural schools for purposes relating to the provision of educational services to students in the State. (2)

School bus

The term school bus means a vehicle the primary purpose of which is to transport students to and from school or school activities. (3)

Secretary

The term Secretary means the Secretary of Transportation.

4.

Grant program

(a)

In general

From amounts made available under section 5311(j) of title 49, United States Code, for a fiscal year, the Secretary, in consultation with the Secretary of Education, shall provide grants, on a competitive basis, to rural local educational agencies to pay the Federal share of the cost of purchasing new school buses. (b)

Application

(1)

In general

Each rural local educational agency that seeks to receive a grant under this Act shall submit to the Secretary for approval an application at such time, in such manner, and accompanied by such information (in addition to information required under paragraph (2)) as the Secretary may require. (2)

Contents

Each application submitted under paragraph (1) shall include— (A)documentation that, of the total number of school buses operated by the rural local educational agency, a majority of these buses entered service prior to 1998; (B)documentation of the number of miles that each school bus operated by the rural local educational agency traveled in the most recent 9-month academic year; (C)documentation that the rural local educational agency is operating with a strained fleet of school buses; (D)a certification from the rural local educational agency that— (i)authorizes the application of the rural local educational agency for a grant under this Act; and (ii)describes the dedication of the rural local educational agency to school bus replacement programs and school transportation needs (including the number of new school buses needed by the rural local educational agency); and (E)an assurance that the rural local educational agency or State educational agency will pay the non-Federal share of the cost of the purchase of new school buses under this Act from non-Federal sources. (c)

Priority

(1)

In general

In providing grants under this Act, the Secretary shall give priority to rural local educational agencies that, as determined by the Secretary— (A)are transporting students in a bus manufactured before 1977; (B)have a strained fleet of school buses; or (C)serve a school that is required, under section 1116(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(9)), to provide transportation to students to enable the students to transfer to another public school served by the rural local educational agency. (d)

Payments; Federal share

(1)

Payments

The Secretary shall pay to each rural local educational agency having an application approved under this section the Federal share described in paragraph (2) of the cost of purchasing such number of new school buses as is specified in the approved application. (2)

Federal share

The Federal share of the cost of purchasing a new school bus under this Act shall be 75 percent. (e)

Formula grants under SAFETEA–LU

Section 5311 of title 49, United States Code, is amended by inserting at the end the following: (j)

Rural school transportation

The Secretary may expand not to exceed 5 percent of amounts made available under this section to carry out the Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2008. .