(Introduced in the House)
H.R.1993
June 19, 1997
Mr. TRAFICANT introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Education and the Workforce, 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
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).'.
SEC. 6.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.
(4) A requirement that school buses manufactured after the effective date of the rule be equipped with a bumper sensor, wheel guard, and front bumper gate and a system that automatically applies the vehicle's brakes when the bumper sensor, wheel guard, or front bumper gate makes contact with an object or pedestrian.
(5) A requirement that school buses manufactured after the effective date of the rule be equipped with a system that detects a trapped obstacle in the door of the vehicle and automatically applies the vehicle's brakes, or provides a warning to the driver, when such a object is detected.
(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), (3), (4), or (5) of subsection (a) that the Secretary determines to be feasible and practicable.
SEC. 7. 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) FEES IMPOSED BY STATE AGENCIES-
SEC. 8. 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, 1998, 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, 1998, and after an opportunity for public comment, issue a final rule establishing such criteria.
SEC. 9. SCHOOL TRANSPORTATION SAFETY.
(a) STUDY- Not later than 3 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study of the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes.
(b) TERMS OF AGREEMENT- The agreement entered into in subsection (a) shall provide that--
(1) the Transportation Research Board, in conducting the study, consider--
(A) in consultation with the National Transportation Safety Board, the Bureau of Transportation Statistics, and other relevant entities, available crash injury data, and if unavailable or insufficient, recommend a new data collection regimen and implementation guidelines; and
(B) vehicle design and driver training requirements, routing, and operational factors that affect safety and other factors that the Secretary considers appropriate; and
(2) the panel conducting the study shall include representatives of highway safety organizations, school transportation, mass transportation providers, employee organizations, academic and policy analysts, and other interested parties.
(c) REPORT- Not later than 12 months after the date of entry into the agreement under subsection (a), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study.
SEC. 10. PILOT PROGRAM TO ASSESS BENEFITS OF EQUIPPING SCHOOL BUSES WITH SAFETY RESTRAINT DEVICES.
(a) ESTABLISHMENT- The Secretary shall carry out a pilot program to assess the benefits of equipping school buses with Aaron Gordon type flight attendant double shoulder harness mechanisms or other safety restraint devices providing equal or greater passenger protection.
(b) GRANTS- In carrying out the program, the Secretary may make grants to one school district for equipping school buses in the district with safety restraint devices described in subsection (a).
(c) FEDERAL SHARE- The Federal share of the cost of a project carried out using a grant under subsection (b) may not exceed 50 percent of such cost.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this Act.
