[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6461 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6461

                    To encourage school bus safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2016

  Mr. Cohen introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
     Committee on Education and the Workforce, 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 encourage school bus safety.

    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 ``Bring Enhanced Liability in 
Transportation for Students Act''.

          TITLE I--SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM

SEC. 101. SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM.

    (a) In General.--The Secretary of Transportation may award grants 
to States to develop a school bus seat belt program to purchase type 1 
school buses equipped with lap/shoulder seat belts or equip existing 
type 1 school buses with lap/shoulder seat belts.
    (b) Application.--In order to qualify for a grant under this 
section, a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require, including--
            (1) an assurance that the State will use grant funds to 
        purchase type 1 school buses with lap/shoulder seat belts or 
        equip existing type 1 school buses with such seat belts;
            (2) an assurance that the State is in compliance with 
        sections 171 and 172 of title 23, United States Code; and
            (3) a list of the local educational agencies which the 
        State selects to receive the seat belt equipped buses, 
        including the reasons why each agency should receive school 
        buses with seat belts.
    (c) Local Educational Agency Requirements.--The State shall require 
that any local educational agency that receives grant funds pursuant to 
this Act shall develop--
            (1) a plan to ensure that all students riding the school 
        buses with lap/shoulder belts are using them; and
            (2) an educational program regarding seat belt safety.
    (d) Grant Amounts.--Before awarding a grant under this section, the 
Secretary shall ensure that each grant award is of sufficient size and 
scope to carry out the requirements of this section.
    (e) Funding.--In order to fund grant awards under this section, the 
Secretary shall use funds not apportioned pursuant to sections 171 and 
172 of title 23, United States Code.
    (f) Definition.--In this section, the term ``type 1 school bus'' 
means a school bus weighing more than 10,000 pounds.
    (g) Reporting.--Not later than 1 year after the date of enactment 
of this Act, the State shall submit a report to the Secretary regarding 
the effectiveness of the lap/shoulder seat belt program in any local 
educational agency using grant funds under this section, including--
            (1) student usage of seat belts; and
            (2) the impact on school bus seating capacity.

             TITLE II--SCHOOL BUS DRIVER SAFETY ENFORCEMENT

SEC. 201. WITHHOLDING FOR NONCOMPLIANCE OF BACKGROUND CHECKS OF SCHOOL 
              BUS DRIVERS.

    (a) Withholding Apportionments.--Chapter 1 of title 23, United 
States Code, is further amended by adding at the end the following:
``Sec. 172. Withholding apportionments for noncompliance of background 
              checks of school bus drivers
    ``(a) Withholding.--The Secretary shall withhold 10 percent of the 
amount required to be apportioned to any State under paragraphs (1), 
(3), and (4) of section 104(b) on October 1, 2017, and on each October 
1 thereafter if the State does not meet the requirements of paragraph 
(2).
    ``(b) Requirement.--A State meets the requirements of this 
paragraph if the State has enacted a law that requires the employer to 
conduct a background check before hiring a school bus driver. Such 
background check shall include--
            ``(1) a review of State and local court information on 
        arrests, charges, convictions;
            ``(2) a review of any sex offender registry; and
            ``(3) a review of any child abuse or dependent adult abuse 
        registry.
    ``(c) Period of Availability of Apportioned Funds.--Funds withheld 
after the date specified in subsection (a)(1) from apportionments to 
any State shall not be available for apportionment to that State and 
such funds will lapse.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following:

``172. Withholding apportionments for noncompliance of background 
                            checks of school bus drivers.''.

                      TITLE III--SCHOOL BUS SAFETY

SEC. 301. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS 
              PASSINGS.

    (a) Withholding Apportionments.--Chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 171. Withholding apportionments for noncompliance with school 
              bus passings
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) Withholding.--The Secretary shall withhold 10 percent 
        of the amount required to be apportioned to any State under 
        paragraphs (1), (3), and (4) of section 104(b) on October 1, 
        2017, and on each October 1 thereafter if the State does not 
        meet the requirements of paragraph (2).
            ``(2) Requirement.--A State meets the requirements of this 
        paragraph if the State has enacted and is enforcing a law that 
        imposes the following penalties to a motorist who is found 
        guilty of illegally passing a stopped school bus:
                    ``(A) First offense.--For a first offense, a fine 
                of not less than $250 with the possibility of jail time 
                and license suspension.
                    ``(B) Second offense within a 5-year period of a 
                first offense.--For a second offense within a 5-year 
                period of a first offense, a fine of not less than $315 
                with the possibility of jail time and license 
                suspension.
    ``(b) Period of Availability of Apportioned Funds.--Funds withheld 
after the date specified in subsection (a)(1) from apportionments to 
any State shall not be available for apportionment to that State and 
such funds will lapse.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``171. Withholding apportionments for noncompliance with school bus 
                            passings.''.

SEC. 302. GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES.

    (a) In General.--The Secretary of Transportation may provide grants 
to States to equip school buses with a motion-activated detection 
system.
    (b) Application.--In order to qualify for a grant under this 
section, a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require, including--
            (1) an assurance that the State will use grant funds to 
        purchase motion-activated detection systems for school buses; 
        and
            (2) an assurance that the State is in compliance with 
        sections 171 and 172 of title 23, United States Code.
    (c) Grant Amounts.--Before awarding a grant under this section, the 
Secretary shall ensure that each grant award is of sufficient size and 
scope to carry out the requirements of this section.
    (d) Funding.--In order to fund grant awards under this section, the 
Secretary shall use funds not apportioned pursuant to sections 171 and 
172 of title 23, United States Code.
    (e) Reports.--Not later than 1 year after the date of enactment of 
this Act, the State shall submit a report to the Secretary regarding 
the effectiveness of the motion-activated detection system in any local 
educational agency using grant funds under this section, including--
            (1) whether or not the detection system has prevented 
        children from being hit by a school bus; and
            (2) a cost benefit analysis of using these detection 
        systems on school buses.
    (f) Definition.--For purposes of this Act, the term ``motion-
activated detection system'' means a sensor system that uses radio 
signals or radar waves to detect a moving target near the front, rear, 
and sides of a school bus. The system sounds an alarm to alert the 
driver when a moving target is detected within the specified danger 
zones of the bus.
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