[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Senate]
[Pages S8711-S8712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 2732. A bill to provide grants for use by rural local educational 
agencies in purchasing new school buses; to the Committee on 
Environment and Public Works.
  Mr. REID. Mr. President, there are still small towns in America where 
the citizens wait for a doctor to make rounds, a mail truck to drop off 
the mail. These families have elected to stay in their communities 
despite all the obstacles, and they deserve an opportunity to enjoy a 
good quality of life.
  But sometimes, the challenges of living in rural America can be 
overwhelming--especially as they relate to identifying and securing 
Federal education funding.
  There are hundreds of Federal education grants that currently provide 
an array of support for local education agencies: literacy programs, 
English learner's programs, after school programs--just to name a few.
  Most of the time these Federal dollars and grants end up going to 
larger urban school districts, not to the little rural ones. One reason 
is because rural school districts simply don't have the resources 
needed to write the grant applications or oversee the program.
  Or perhaps rural educators don't even realize they are qualified to 
apply for a particular grant, or they don't have the infrastructure 
needed to support the initiative.
  Many years ago when I attended school in Searchlight, we had one 
teacher who taught grades 1 through 8. There are still schools in 
Nevada where this is the case.
  I walked to school, and when it was time for high school I hitched a 
ride into a town 40 miles away and had to stay with a family during the 
week. That was the transportation system in rural America back then: 
walk or hitchhike.
  Now we have school buses. But many rural areas are operating 
outdated, unsafe school buses that are driven until they finally can't 
pass inspection any longer. The skyrocketing gas prices of the past 
seven months have only made the problem worse.
  These local education agencies are strapped. They can't afford to buy 
newer, safer buses. I was astonished to learn that the school buses in 
some rural Nevada counties travel a combined 1 million miles in a 
school year.
  The superintendents in my State asked me for help. They identified 
their need for school buses, and I want to help.
  I am introducing legislation today that will help rural school 
districts transport children to school in a way that is safe, 
affordable and environmentally sound.
  The ``Bus Utility and Safety in School Transportation Opportunity and 
Purchasing Act of 2004''--or BUS STOP--authorizes the Federal 
Government to provide $50,000,000 in grants on a competitive basis to 
rural local educational agencies seeking Federal share assistance to 
purchase school buses. The Federal share will be 75 percent.
  Each applicant must provide documentation that at least 50 percent of 
their school buses are in need of repair or replacement; the total 
mileage each bus traveled in the most recent school year; documentation 
that the applicant is operating with a depleted fleet; and assurance 
that the school system will pay the local share for the purchase of new 
school buses.
  In an effort to promote clean air, the Environmental Protection 
Agency has already established a cost-share grant program that will 
help local school systems replace old school buses, install pollution 
control devices, and eliminate unnecessary idling.
  The EPA is seeking to improve air quality by encouraging large school 
districts to voluntarily cut emissions. The EPA awarded $5 million in 
grants to 20 school districts last month and $5 million to 17 school 
districts last year.
  Unfortunately this is an example of a program that my rural counties 
didn't apply for because they don't have the infrastructure in place to 
support clean buses. However, working in the spirit of clean air and 
healthy children, rural school districts can buy newer buses that are 
better for our air, and safer for our children.
  My office has already received phone calls from the education 
departments from other states. They want to know if the rumor is true: 
is there finally going to be legislation to help us purchase school 
buses?
  The answer is yes.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 2732

       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 ``Bus Utility and Safety in 
     School Transportation Opportunity and Purchasing Act of 
     2004''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) school transportation issues have concerned parents, 
     local educational agencies, lawmakers, the National Highway 
     Traffic Safety Administration, the National Transportation 
     Safety Board, and the Environmental Protection Agency for 
     years;
       (2) millions of children face potential future health 
     problems because of exposure to noxious fumes emitted from 
     older school buses;
       (3) the Environmental Protection Agency established the 
     Clean School Bus USA program to replace 129,000 of the oldest 
     diesel buses that cannot be retrofitted in an effort to help 
     children and the environment by improving air quality;
       (4) unfortunately, many rural local educational agencies 
     are unable to participate in that program because of the 
     specialized fuels needed to sustain a clean bus fleet;
       (5) many rural local educational agencies are operating 
     outdated, unsafe school buses that are failing inspection 
     because of automotive flaws, resulting in a depletion of 
     school bus fleets of the local educational agencies; and
       (6) many rural local educational agencies are unable to 
     afford to buy newer, safer buses.
       (b) Purpose.--The purpose of this Act is to establish 
     within the Environmental Protection Agency a Federal cost-
     sharing program to assist rural local educational agencies 
     with older, unsafe school bus fleets in purchasing newer, 
     safer school buses.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) 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.
       (3) 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.

     SEC. 4. GRANT PROGRAM.

       (a) In General.--From amounts made available under 
     subsection (e) for a fiscal year, the Administrator 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 
     Administrator 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 
     Administrator 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, not less than 
     50 percent of the school buses are in need of repair or 
     replacement;
       (B) documentation of the number of miles that each school 
     bus operated by the rural

[[Page S8712]]

     local educational agency traveled in the most recent 9-month 
     academic year;
       (C) documentation that the rural local educational agency 
     is operating with a reduced fleet of school buses;
       (D) a resolution 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 
     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 
     Administrator shall give priority to rural local educational 
     agencies that, as determined by the Administrator--
       (A) are transporting students in a bus manufactured before 
     1977;
       (B) have a grossly depleted fleet of school buses; or
       (C) serve a school that is required, under section 
     1116(b)(1)(E) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316(b)(1)(E)), 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 Administrator 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) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act--
       (1) $50,000,000 for fiscal year 2005; and
       (2) such sums as are necessary for each of fiscal years 
     2006 through 2010.
                                 ______