[Congressional Record Volume 142, Number 40 (Thursday, March 21, 1996)]
[Senate]
[Pages S2647-S2651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1633. A bill to provide for school-bus safety, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


          THE OMNIBUS SCHOOL TRANSPORTATION SAFETY ACT OF 1996

 Mr. LAUTENBERG. Mr. President, today I am introducing 
legislation, the Omnibus School Transportation Safety Act of 1996, that 
would improve the safety of schoolbus travel.
  The legislation would require background checks of schoolbus drivers, 
establish minimum proficiency standards for such drivers, and promote 
advanced technologies that can help prevent schoolbus accidents. In 
addition, the bill calls for a variety of studies that could improve 
schoolbus safety and increase the information on bus safety available 
to school districts and parents.
  Mr. President, America's schoolchildren have a right to safe 
transportation to and from school. And we have a responsibility to do 
everything we can to guarantee that safety.
  To ensure our children's safety, we first must ensure that bus 
drivers are decent individuals who will not harm their passengers. 
Unfortunately, sexual deviants often are attracted to driving a 
schoolbus because the job gives them easy access to children who are 
the focus of their sexual desires.
  Children who ride on schoolbuses, particularly those in elementary 
school, are extremely vulnerable to physical abuse. They are too young 
to comprehend what is being done to them and too small to physically 
defend themselves from an attack. As a nation, we have a responsibility 
to provide as much protection as possible to this vulnerable 
population. My bill therefore would require all States to perform a 
Federal background check on potential schoolbus drivers before they are 
allowed to be alone with our children.
  Eighteen States--Alaska, Arizona, California, Colorado, Connecticut, 
Delaware, Florida, Michigan, Mississippi, New Jersey, New York, Ohio, 
Oregon, Pennsylvania, Utah, Virginia, Washington, and Louisiana--
already conduct State and Federal background checks on their drivers. 
My amendment generally would not affect how these States administer 
their programs.
  Fourteen States--Hawaii, Kentucky, Maryland, Massachusetts, 
Minnesota, Missouri, New Hampshire, North Carolina, Rhode Island, 
Texas, West Virginia, Nebraska, Illinois, and Wisconsin--currently 
perform only state background checks. This is well-meaning, but 
insufficient. A convicted sexual deviant can easily move to one of 
these States, receive a clean background check, and begin driving his 
prey to and from school. My bill therefore would require those States 
to participate in the nationwide, Federal program.
  There also are 18 States--Alabama, Arkansas, Georgia, Idaho, Indiana, 
Iowa, Kansas, Maine, Montana, Nevada, New Mexico, North Dakota, 
Oklahoma, South Carolina, South Dakota, Tennessee, Vermont, and 
Wyoming--that have no background checks for their schoolbus drivers. 
There is no rational reason why these States should not do more to 
protect their citizens.
  Mr. President, during the 2 months after California instituted 
Federal criminal background checks in 1990, it screened out 150 
convicted sex offenders, child molesters, and violent criminals who 
tried to get permits to drive schoolbuses. This is shocking and my bill 
would address this problem.
  Beyond requiring background checks for prospective schoolbus drivers, 
Mr. President, my bill includes a variety of provisions designed to 
reduce school-bus accidents.
  During the past 10 years, 300 school-age pedestrians under 19 years 
of age have died in schoolbus-related crashes. Two-thirds were killed 
by their own schoolbus. Half of all school-age pedestrians killed by 
schoolbuses in the past 10 years were 5- and 6-year-olds. On average, 
21 school-age pedestrians are killed by schoolbuses each year, and 9 
are killed by other vehicles involved in schoolbus-related crashes.
  Mr. President, as a nation, we need to do much more to prevent 
schoolbus accidents. This bill attacks the problem on a number of 
fronts.
  First, it would establish proficiency standards for schoolbus 
drivers.
  Mr. President, driving a schoolbus with 40 young, screaming children 
is a unique skill that deserves specialized training. Unfortunately, 
many drivers are distracted when their young passengers are noisy or 
otherwise disruptive, and the results can be tragic. Inattention is one 
of the two factors most often reported by police for schoolbus drivers 
striking school-age pedestrians.

[[Page S2648]]

  Bus drivers already are required to possess a commercial driver's 
license with a general endorsement for those driving vehicles with more 
than 15 passengers. However, there are no Federal standards 
specifically directed to schoolbus drivers. My bill would require the 
Secretary of Transportation to prescribe such standards.
  Mr. President, some States already prescribe a level of proficiency 
for schoolbus drivers, but many do not. My bill generally would not 
interfere with existing State programs, but it would ensure that all 
schoolbus drivers meet a minimum standard of proficiency.
  Another way that my bill would reduce schoolbus accidents is by 
assisting States to develop safer places for children to enter and 
leave their bus. For example, States could make bus stops more safe by 
increasing their visibility. Similarly, States could establish special 
safe areas in which children could disembark from busses, away from 
traffic.
  The legislation also would require the Secretary of Transportation to 
promote the use and reduce the cost of hazard warning systems or 
sensors that alert schoolbus drivers of pedestrians or vehicles in, or 
approaching, the path of the schoolbus. These types of warning systems 
can be critical in saving the lives of young people. Unfortunatately, 
many school districts have failed to invest in such systems. One reason 
is that their cost can be high. We need to explore ways to reduce those 
costs.
  Another provision in the bill would require the Secretary to improve 
training materials on schoolbus safety and to improve the distribution 
and availability of such materials to schools for use by the student 
safety patrols. The most effective way to protect schoolchildren is to 
teach them to protect themselves. The Department of Transportation can 
do more in this area.
  My legislation also would promote research into the possibility of 
installing safety belts in schoolbuses.
  Mr. President, in addition to the loss of life attributed to 
schoolbus accidents that I mentioned earlier, approximately 10,000 
schoolbus passengers are injured every year. Most injuries occur during 
side and rollover collisions. In this type of collision, the 
compartmentalized seat does not protect children, who can fall up to 8 
feet to strike the roof, windows, other seats, and other children.
  To reduce these types of injuries, the State of New Jersey requires 
the installation and use of safety belts in all schoolbuses. New 
Jersey's State law in this area was adopted after a study by the New 
Jersey Office of Highway Traffic Safety into the safety of lap 
seatbelts in large school vehicles. That study concluded that 
installation of seatbelts in all schoolbuses would improve vehicles' 
overall safety performance. The study recommended that schoolbuses be 
required to be equipped with seatbelts, which led to later enactment of 
the New Jersey law.
  Mr. President, I support this law and believe it should be adopted on 
a Nation-wide basis. It is nearly impossible for a bus without belts to 
rollover without causing injuries or death. However, I recognize that 
some in Washington believe more information is needed before 
establishing such a Federal requirement.
  One cause of this skepticism is that the Federal Government does not 
study crashes in which there are no injuries. The National 
Transportation Safety Board only investigates bus crashes where there 
are severe injuries or fatalities. Therefore, the data they collect do 
not accurately reflect the benefits of safety belts in schoolbuses.
  A bus with safety belts costs an average of $1,000 more than a bus 
without belts. With an estimated schoolbus life of 15 years, seatbelt 
installation would cost approximately $66 per bus per year.
  Children are already required to wear seatbelts in cars. Installation 
of seatbelts on the standard size schoolbuses would reinforce the 
importance of wearing seatbelts, reduce injuries to our children, cost 
relatively little to install and maintain, and overall, makes schoolbus 
transportation safer for our children.
  My bill would require the National Highway Traffic Safety 
Administration [NHTSA] to study the safety impact of safety belts on 
schoolbuses. It specifically requires that NHTSA evaluate the real life 
consequences of New Jersey's safety belt law. I am hopeful that the 
resulting study will help end the longstanding debate on this issue, so 
we can move forward to protect the lives of our Nation's children.
  Mr. President, this legislation also requires the Secretary of 
Transportation to begin a rulemaking process to determine the 
feasibility and practicability of: First, decreasing the flammability 
of materials used in the construction of the interiors of schoolbuses; 
second, informing purchasers of schoolbuses on the secondary market 
that those buses may not meet current NHTSA standards; and third, 
establishing construction and design standards for wheelchairs used in 
the transportation of students in schoolbuses.
  The bill also requires the Secretary to conduct a variety of studies 
designed to provide an accurate data base of schoolbus safety 
information. In addition, the bill, in response to requests from some 
States, calls for Federal guidelines on the securing in a schoolbus of 
children under the age of five, and on measures to facilitate their 
evacuation in an emergency.
  Mr. President, the Omnibus School Transportation Safety Act of 1996 
is comprehensive legislation that would dramatically reduce deaths and 
injuries of children associated with schoolbus accidents.
  I hope my colleagues will support the bill, and ask unanimous consent 
that the text of the legislation, along with a section-by-section 
analysis of the bill, be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1633

       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

[[Page S2649]]

     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--

[[Page S2650]]

       (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.
                                                                    ____


  Omnibus School Transportation Safety Act of 1996--Section by Section

       Sec. 1: Short Title; Findings.
       Sec. 2: Definitions.
       Sec. 3: Directs the Secretary to prescribe proficiency 
     standards for school bus drivers.
       At present, school bus drivers are required to have a 
     Commercial Drivers License (CDL). However, CDL training for 
     bus drivers is geared primarily towards commercial motor 
     carrier drivers. ``Inattention'' and ``failure to yield'' 
     were the factors most often reported by police for school bus 
     drivers striking a school-age pedestrian. A school bus driver 
     faces unique driving and pupil control situations that 
     current CDL training does not address. This section will 
     require school bus drivers to be trained to handle these 
     unique situations before they are allowed on the road.
       Sec. 4: Requires states to conduct federal background 
     checks with fingerprints of prospective school bus drivers.
       School bus drivers are alone and off of school property 
     with students for extended periods of time. At present, 18 
     States conduct Federal background checks, 14 States only do 
     state background checks, and 18 States do no background 
     checks on potential drivers. State background checks are not 
     sufficient. Someone can easily move from one State to another 
     and leave their criminal history behind. This provision is 
     designed to ensure that parents know who is alone with their 
     children. Just 2 months after requiring fingerprint criminal 
     background checks, California screened out 150 convicted sex 
     offenders, child molesters and violent criminals who tried to 
     get permits to drive school buses. Funding to assist states 
     that are not already committing resources to this type of 
     activity is provided through the Department of Education's 
     crime free school program.
       Sec. 5: Directs the Secretary to do one or more operation 
     tests to advance the use and reduce the cost of hazard 
     warning systems that alert school bus drivers of pedestrians 
     or vehicles in, or approaching, the path of the school bus.
       Two out of every three children killed in school bus 
     related accidents are killed outside the school bus. Many are 
     struck by their own school bus. The causes vary from driver 
     inattentiveness, blind spots, or children's clothing being 
     caught on a part of the bus causing the bus to drag the child 
     to death. These accidents occur in the bus' ``danger zone.'' 
     While there are electronic devices on the market that are 
     designed to detect and warn drivers when an object is in the 
     danger zone, most are expensive and have reliability 
     problems. The goal of this section is to increase the 
     reliability and reduce the cost of existing technology.
       Sec. 6: Directs to the National Transportation Safety Board 
     to study the safety consequences of required use of safety 
     belts in New Jersey school buses.
       Approximately 10,000 school bus passengers are injured 
     every year. Most injuries and fatalities in the bus occur 
     during side and rollover collisions. In these types of 
     collisions the ``compartmentalized'' seat does not protect 
     children who fall about eight feet and strike the roof, 
     windows, seats and other children. Safety belts have been 
     standard equipment in passenger automobiles for quite some 
     time, and they have proven to be effective life-saving and 
     injury-preventing devices. However, not all school buses are 
     required to be equipped with seat belts.
       The debate on whether or not safety belts should be 
     required on school buses is heated. However, the lack of 
     sufficient data, makes an accurate estimate on the 
     effectiveness of school bus seat belts very difficult. 
     Therefore, my bill directs the National Transportation Safety 
     Board to study the safety consequences of the use of safety 
     belts in New Jersey school buses. New Jersey is the only 
     State which has mandatory school bus safety belt use and it 
     will provide an excellent opportunity for researchers to 
     build the base of knowledge on this subject that we need to 
     determine if safety belts in school buses should be the norm.

[[Page S2651]]

       Sec. 7: Provides aid for the purpose of conducting traffic 
     engineering activities in order to improve the safe operation 
     of school buses in the ``danger zone.''
       An overwhelming number of students are killed during the 
     loading and unloading of the school bus. Proper engineering 
     of loading and unloading zones will improve the safety and 
     reduce the number of accidents and fatalities which take 
     place in the ``danger zone.'' This provision will allow 
     States to utilize section 402(C) funds to assist in the 
     development of safety guidelines for the construction and 
     selection of school bus loading and un-loading zones.
       Sec. 8: Requires the Secretary to begin a rulemaking 
     process to determine the feasibility and practicality of:
       A requirement for a decrease in the flammability of the 
     materials used in the construction of the interiors of school 
     buses;
       A requirement that sellers of school buses in the secondary 
     market inform purchasers that such buses may not meet current 
     National Highway Transportation Safety Administration or 
     Federal Highway Administration standards and;
       Establishing construction and design standards 
     for wheelchairs used in the transportation of students in 
     school buses.
       Reduction of the flammability of material in school buses 
     continues to be on the National Transportation Safety Board's 
     most wanted list. NTSB made this recommendation after the 
     1988 Carrollton, KY bus accident. In that incident, a pre-
     1977 school bus was struck by a pick-up truck. The bus' gas 
     tank was ruptured and a fire ensued, engulfing the entire 
     bus. The bus driver and 26 bus passengers were fatally 
     injured. Had stricter flammability requirements been in 
     effect during construction of this bus the NTSB believes more 
     of the passengers could have escaped the bus without serious 
     injury.
       Used school buses are a popular form of transportation for 
     church groups and civic organizations. Unfortunately, many of 
     these groups believe that school buses are built to the 
     highest safety standards available. This is not the case. 
     Therefore, the bill would require that potential purchasers 
     of used buses are made aware of this fact so they can modify 
     their uses of the bus based upon the level of safety the bus 
     offers in certain situations.
       While there are Federal standards relating to how 
     wheelchairs must be secured into school buses, there are no 
     standards for the wheelchairs themselves. This provision is 
     designed to ensure that students who use a wheelchair are 
     afforded maximum protection in case of a school bus accident.
       Sec. 9: Requires NHTSA to develop and disseminate 
     guidelines on securing children under the age of five in 
     school buses and on evacuating those same children from 
     school buses.
       For one reason or another school districts are beginning to 
     transport more and more children below the age of five in 
     traditional school buses. Most, if not all, school buses and 
     school bus seats are designed to accommodate and protect 
     children age five and older. In addition, state laws and 
     common sense dictate that children under the age of four use 
     a car seat when riding in a motor vehicle. Many communities 
     are struggling with the appropriate way to safely transport 
     children below the age of five in school buses. This 
     provision would require NHTSA to develop guidelines on 
     securing young children in school buses. The provision also 
     addresses the problems evacuation of children in car seats 
     could pose in an emergency.
       Sec. 10: Requires the Secretary to improve and distribute 
     school bus safety information.
       Every year approximately 20 children are killed outside 
     their school bus. They are either struck by their own bus or 
     by another vehicle. One of the most effective ways to prevent 
     these types of accidents is to properly educate children and 
     their parents to these dangers. While a variety of safety 
     information is available, it is not widely distributed. This 
     provision would require the Secretary to review existing 
     safety material, make improvements if necessary and then 
     ensure that the material is adequately distributed to 
     children and parents.
       Sec. 11: Require the Secretary to carry out a study to 
     determine the following:
       The extent to which public transit vehicles are engaged in 
     school bus operations;
       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;
       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.
       Federal law prohibits school districts from contracting out 
     to the local municipal bus service to carry out the school 
     district's pupil transportation activities. However, there 
     are some specific exceptions to this rule. With present 
     budget pressures school districts are increasingly looking to 
     take advantage of these exceptions also known as ``tripper 
     service.'' This provision is designed to determine how many 
     communities may be using tripper service as a means of school 
     transportation, at what point a municipal bus engaged in 
     tripper service should be considered a school bus, and the 
     differences between contracted school bus operations and non-
     contracted school bus operations.
       Sec. 12: Extends the applicability of Federal Motor 
     Carriers Safety Regulations to the school transportation 
     operations of Local Education Agencies.
       When operating across State lines, school buses almost 
     without exception must use the same highways--many of them 
     high-speed arteries--as other vehicles. The speeds attained 
     are considerably greater and there is an elevated risk of 
     associated driver fatigue. This fact underscores the need for 
     comprehensive and consistent application of the FMCSR's to 
     any school bus operating across state lines when engaged in 
     school-related and sanctioned activities.
       Since their inception in 1935, the FMCSR's have been 
     incrementally modified. For example, in 1989 the FHWA issued 
     modifications which for the first time subjected all 
     interstate contractor-operated school transportation 
     operations to the FMCSR's. In 1994, the FHWA extended 
     application of the FMCSR's to most interstate private bus 
     operations such as scout groups and churches. My bill would 
     extend the applicability of FMCSR's to buses used by local 
     education agencies which are used in interstate commerce.
       Sec. 13: Authorization of Appropriations.
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