[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9502-S9503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 3590. A bill to provide grants for use by rural local educational 
agencies in purchasing new school buses; to the Committee on Commerce, 
Science, and Transportation.
  Mr. REID. Mr. President, many years ago, when I attended school in 
Searchlight, I walked to school. When it was time for high school, I 
hitched a ride into a town 40 miles away and had to stay with family 
during the week. There weren't many options back then. That was how 
many kids got to school in rural Nevada--walk or hitchhike.
  Now, of course, in both urban and rural America, most children take 
school buses to school.
  Unfortunately, rural school districts across America are strapped. 
They can't afford to buy newer, safer buses. With gas near $4 a gallon, 
their budgets have been stretched to the limits. As a result, many 
rural areas have no choice but to operate outdated, unsafe school buses 
for as long as they can pass inspection.
  Over the years, I have met several times with the school 
superintendents in my State--all 17 of them. While each district has 
their own unique challenges, they all have an urgent need for safe and 
reliable school buses.
  In some rural Nevada counties, school buses must travel a million 
miles in a single school year. Last school year, the buses in one of 
Nevada's rural school districts traveled close to 5 million miles 
combined. I am fairly confident that many of my colleagues on both 
sides of the aisle would agree that the need for newer and safer school 
buses is not unique to Nevada's rural school districts.
  From my meetings with our State's superintendents, it was clear that 
our school districts needed assistance. In the 108th and 109th 
Congresses, I introduced legislation to help these and other rural 
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 2008--or BUS STOP--allows school districts across 
rural America to be eligible for transit funding through the Department 
of Transportation, with the Federal Government contributing 75 percent 
of the cost.
  Some may wonder why we need such a program when the Environmental

[[Page S9503]]

Protection Agency already has a cost-share grant program--the Clean 
School Bus USA program--to help school districts purchase new buses 
powered by natural gas or other alternative fuels.
  Unfortunately, most of the rural districts in my State, and, I would 
imagine, across the country, cannot apply for these grants because they 
don't have the infrastructure in place to support this technology.
  However, working in the spirit of a cleaner environment and healthy 
children, this bill will help rural school districts buy newer buses 
that are better for our air, and safer for our children.
  There are many small, rural towns in America, like Searchlight, where 
kids travel to school in outdated buses. They deserve no less than 
safe, clean, economical buses to get them to school.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3590

       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 
     2008''.

     SEC. 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.

     SEC. 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.

     SEC. 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.''.
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