HON. JAMES A. TRAFICANT, JR. of Ohio in the House of Representatives

Friday, June 16, 1995

Mr. TRAFICANT. Mr. Speaker, every school day in our country approximately 418,000 school buses carry 24 million schoolchildren to and from school and school-sponsored activities covering 4.5 billion miles. Schoolbus safety is an issue that certainly deserves the attention of the American people and the Congress. Between 1988 and 1993 approximately 400 people were killed, and 67,900 people were injured, as a result of schoolbus accidents. In my State of Ohio, there were 475 people--426 of them students--injured in schoolbus accidents in the 1992-93 school year.

      Without question the schoolbus is the safest mode of transportation on America's roads today. My goal is to improve on existing technologies to maximize safety. Today, Mr. Speaker, I am introducing a bill to do just that. The School Bus Safety Act does a number of things that will ensure the safe travel of our most valuable resources: our children.

      My bill directs the U.S. Department of Transportation to set national proficiency standards for schoolbus drivers. It also directs the Administrator of the National Highway Traffic Safety Administration to develop guidelines on the safe transportation in schoolbuses of children under the age of 5. Currently, today's buses are designed to transport and provide maximum safety for children above the age of 6. It would apply the Federal Motor Carrier Safety Regulations [FMCSR] to interstate schoolbus operations. Presently, schoolbuses owned and operated by school districts, regardless of the type of operation involved, are not covered by FMCSR because the school districts are exempt governmental entities. My bill mandates a national criminal history background check system to enable local education agencies, or contractors, to check the criminal background of any person they are considering for employment as bus drivers. In addition, the bill calls for the establishment of construction, design, and securement standards for wheelchairs used in schoolbuses. Finally, my bill directs the DOT study the usage of seat belts on schoolbuses, the extent to which public transit vehicles are engaged in schoolbus operations, and the contracting out of schoolbus operations.

      Mr. Speaker, as a senior member of the U.S. House of Representatives Transportation and Infrastructure Committee, I have long championed Federal measures to promote transportation safety. My bill jets forth a reasonable plan for improving schoolbus safety and safeguarding the lives of schoolchildren. I urge all my colleagues to support this legislation.

104th CONGRESS, 1st Session, H. R. 1884 To provide for school bus safety, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 16, 1995

Mr. Traficant introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Economic and Educational Opportunities and the Judiciary, 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 provide for school bus safety, and for other purposes. 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 ``School Bus Safety Act''.

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:
(1) Bus.--The term ``bus'' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.
(2) School bus.--The term ``school bus'' means a bus that is used for purposes that include carrying pupils to and from public or private school or school-related events on a regular basis.
(3) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.

(a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus.
(b) Exemption for Certain States.--In prescribing proficiency standards under subsection (a), the Secretary shall provide that a State may, instead of utilizing such proficiency standards, utilize proficiency standards established by the State before the date of the prescription of efficiency standards under subsection (a) if the Secretary determines that the standards of the State establish proficiency requirements as rigorous as the proficiency requirements established under the standards prescribed under subsection (a).
(c) Demonstration of Proficiency.--Upon the prescription of standards under subsection (a), each school bus driver referred to in subsection (a) shall demonstrate (at such interval as the Secretary shall prescribe) to the employer of the driver, the school district, the State licensing agency, or other person or agency responsible for regulating school bus drivers the proficiency of such driver in operating a school bus in accordance with the proficiency standards prescribed under subsection (a) or the proficiency standards established by the State concerned, as the case may be.

SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS.

The Administrator of the National Highway Traffic Safety Administration shall develop and disseminate guidelines on the safe transportation in school buses of children under the age of 5. Such guidelines shall include recommendations for the evacuation of such children from such buses in the event of an emergency.

SEC. 5. 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 Education Agencies.--Not later than 6 months after the date of the 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).''.
(b) Education Program.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall develop and implement an education program informing all local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965) that they must 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.
(c) Compliance Reports.--Each year for the first 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress by June 1 a report describing in detail the status of compliance by private motor carriers (for-hire) and local educational agencies in meeting the requirements of section 31136 of title 49, United States Code, and enforcement actions undertaken by the Department of Transportation.

SEC. 6. 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 one 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. 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, shall utilize a portion (as determined by the Secretary) of such aid for the purpose of conducting traffic engineering activities in order to improve the safe operation of school buses. The Secretary shall, to the maximum extent practicable, ensure that the total amount utilized by such States for such purpose in any fiscal year shall not be less than $1,000,000.

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 begin a rulemaking process to determine the feasibility and practicability of the following:
(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, school districts, or companies that sell in the secondary market school buses that may be used in interstate commerce inform purchasers of such buses that such buses may not meet current National Highway Transportation Safety Administration standards or Federal Highway Administration standards with respect to such buses.
(3) The establishment of construction, design, and securement standards for wheelchairs used in the transportation of students in school buses.
(b) Final Rule.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate a final rule 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.

SEC. 9. 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, the Secretary, in consultation with the American Automobile Association, State educational agencies, the National Safety Council, and highway safety organizations, shall--
(1) improve existing materials on school bus safety; and
(2) improve the distribution and availability of such materials to schools for use by the student safety patrols of such schools and to appropriate law enforcement agencies.
(b) Funds.--Notwithstanding any other provision of law, of the funds available to the Secretary for research on highway safety and traffic conditions under such section 403 in each of fiscal years 1995 through 2000, $100,000 shall be available in each such fiscal year for the purposes of carrying out this section.

SEC. 10. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS.

(a) Prohibition on Employment Pending Check.--Notwithstanding any other provision of law and except as provided in subsection (b), a local educational agency, and any contractor providing school transportation services to such an agency, may not newly employ a person as a driver of a school bus of or on behalf of the agency before the completion of a background check of the person in the national criminal history background check system. The purpose of the check is to determine whether the person has been convicted of a crime which would warrant barring the person from duties as a driver of a school bus.
(b) Exception.--A local educational agency or a contractor may newly employ a person as a driver of a school bus of or on behalf of the agency if a check of the person is not completed by the end of the 21-day period beginning on the date of the request for the check by the agency. The agency or contractor may commence such employment beginning at the end of such 21-day period.
(c) Check Procedures.--Each State shall establish procedures for conducting checks under this section. Such procedures shall include the designation of an agency of the State to carry out the checks and shall meet the guidelines set forth in section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(b)).
(d) Limitation on Liability.--A local educational agency or a contractor providing transportation services to such an agency shall not be liable in an action for damages on the basis of a criminal conviction of a person employed by the agency or contractor as a school bus driver if--
(1) a check of the person was conducted under this section; and
(2) the conviction was not disclosed to the agency or contractor pursuant to the check.
(e) Fees.--
(1) In general.--The Federal Bureau of Investigation may impose and collect fees for the provision of assistance in the conduct of checks under this section. The amount of such fees may not exceed the actual cost to the Federal Bureau of Investigation of providing such assistance.
(2) Monitoring.--The Attorney General shall monitor the collection of fees under this subsection for purposes of ensuring that--
(A) such 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.
(f) Definitions.--In this section, the following definitions apply:
(1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) National criminal history background check system.--The term ``national criminal history background check system'' has the meaning given such term in section 5(6) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(6)).
(3) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (g) Applicability.--
(1) In general.--Except as provided in paragraph (2), this section shall apply to the new employment of persons by local educational agencies or contractors beginning on the later of--
(A) the date that is 60 days after the date of the enactment of this Act; or
(B) the date on which the State in which the agencies or contractors are located establishes the procedures required under subsection (c).
(2) Exceptions.--During the period beginning on the date of the enactment of this Act and ending on the date of the applicability of this section to a local educational agency or contractor under paragraph (1), the local educational agency or contractor shall, to the maximum extent practicable, request that the Federal Bureau of Investigation conduct a background check with fingerprints of each person newly employed by the local educational agency or contractor as a school bus driver of or on behalf of the local educational agency.
(h) 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 5 of the School Bus Safety Act.''.
(2) Innovative education assistance.--Section 6301(b) of such Act (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:
``(9) the carrying out of criminal background checks of potential drivers of school buses under section 4 of the School Bus Safety Act.''.

SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY.

(a) Study.--
(1) In general.--The Secretary shall carry out a study to determine the following:
(A) The usage of seat belts on school buses.
(B) The extent to which public transit vehicles are engaged in school bus operations.
(C) 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.
(D) 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.
(2) Areas.--The study shall address the differences between the services and operations referred to in paragraph (1)(D) in terms of--
(A) crash injury data;
(B) driver and carrier requirements;
(C) passenger transportation requirements;
(D) bus construction and design standards;
(E) Federal and State operating assistance (per passenger/per mile/per hour);
(F) total operating costs;
(G) Federal and State capital assistance (per passenger/per mile/per hour);
(H) total capital costs; and
(I) such other factors as the Secretary considers appropriate.
(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report on the results of the study carried out under subsection (a) the following:
(1) The Committee on Environment and Public Works of the Senate.
(2) The Committee on Commerce, Science, and Transportation of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Transportation and Infrastructure of the House of Representatives.
(5) The Committee on Commerce of the House of Representatives.
(6) The Committee on Appropriations of the House of Representatives.

SEC. 12. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES.

The Secretary of Transportation shall--
(1) not later than December 31, 1995, issue a notice of proposed rulemaking with respect to the minimum reporting criteria required under the tenth sentence of section 402(a) of title 23, United States Code; and
(2) not later than December 31, 1996, and after an opportunity for public comment, issue a final rule establishing such criteria.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.