[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5504 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5504

  To provide for the improvement of the safety of child restraints in 
           passenger motor vehicles, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2002

 Mr. Shimkus (for himself, Mr. Tauzin, Mr. Walden, Mr. Pickering, Mr. 
  Terry, Mrs. Bono, and Mr. Barton of Texas) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To provide for the improvement of the safety of child restraints in 
           passenger motor vehicles, 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 ``Child Safety Enhancement Act of 
2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) It is the policy of the Department of Transportation 
        that all child occupants of motor vehicles, regardless of 
        seating position, be appropriately restrained in order to 
        reduce the incidence of injuries and fatalities resulting from 
        motor vehicle crashes on the streets, roads, and highways.
            (2) Research has shown that very few children between the 
        ages of 4 to 8 years old are in the appropriate restraint for 
        their age when riding in passenger motor vehicles.
            (3) Children who have outgrown their child safety seats 
        should ride in a belt-positioning booster seat until an adult 
        seat belt fits properly.
            (4) Children who were properly restrained when riding in 
        passenger motor vehicles suffered less severe injuries from 
        accidents than children not properly restrained.

SEC. 3. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR 
              VEHICLES.

    (a) In General.--The Secretary of Transportation (hereafter 
referred to as the ``Secretary'') shall initiate a rulemaking 
proceeding to establish performance requirements for child restraints, 
including booster seats, for the restraint of children weighing more 
than 50 pounds.
    (b) Elements for Consideration.--In the rulemaking proceeding 
required by subsection (a), the Secretary shall--
            (1) consider whether to include injury performance criteria 
        for child restraints, including booster seats and other 
        products for use in passenger motor vehicles for the restraint 
        of children weighing more than 50 pounds, under the 
        requirements established in the rulemaking proceeding;
            (2) consider whether to establish performance requirements 
        for seat belt fit when used with booster seats and other belt 
        guidance devices;
            (3) consider whether to address situations where children 
        weighing more than 50 pounds only have access to seating 
        positions with lap belts, such as allowing tethered child 
        restraints for such children; and
            (4) review the definition of the term ``booster seat'' in 
        Federal motor vehicle safety standard No. 213 under section 
        571.213 of title 49, Code of Federal Regulation, to determine 
        if it is sufficiently comprehensive.
    (c) Completion.--The Secretary shall complete the rulemaking 
proceeding required by subsection (a) not later than 30 months after 
the date of the enactment of this Act.

SEC. 4. DEVELOPMENT OF ANTHROPOMORPHIC TEST DEVICE SIMULATING A 10-YEAR 
              OLD CHILD.

    (a) Development and Evaluation.--Not later than 24 months after the 
date of the enactment of this Act, the Secretary shall develop and 
evaluate an anthropomorphic test device that simulates a 10-year old 
child for use in testing child restraints used in passenger motor 
vehicles.
    (b) Adoption by Rulemaking.--Within 1 year following the 
development and evaluation carried out under subsection (a), the 
Secretary shall initiate a rulemaking proceeding for the adoption of an 
anthropomorphic test device as developed under subsection (a).

SEC. 5. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.

    (a) In General.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall complete a rulemaking 
proceeding to amend Federal motor vehicle safety standard No. 208 under 
section 571.208 of title 49, Code of Federal Regulations, relating to 
occupant crash protection, in order to--
            (1) require a lap and shoulder belt assembly for each rear 
        designated seating position in a passenger motor vehicle with a 
        gross vehicle weight rating of 10,000 pounds or less, except 
        that if the Secretary determines that installation of a lap and 
        shoulder belt assembly is not practicable for a particular 
        designated seating position in a particular type of passenger 
        motor vehicle, the Secretary may exclude the designated seating 
        position from the requirement; and
            (2) apply that requirement to passenger motor vehicles in 
        phases in accordance with subsection (b).
    (b) Implementation Schedule.--The requirement prescribed under 
subsection (a)(1) shall be implemented in phases on a production year 
basis beginning with the production year that begins not later than 12 
months after the end of the year in which the regulations are 
prescribed under subsection (a). The final rule shall apply to all 
passenger motor vehicles with a gross vehicle weight rating of 10,000 
pounds or less that are manufactured in the third production year of 
the implementation phase-in under the schedule.

SEC. 6. EVALUATION OF INTEGRATED CHILD SAFETY SYSTEMS.

    (a) Evaluation.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall initiate an evaluation of 
integrated or built-in child restraints and booster seats. The 
evaluation should include--
            (1) the safety of the child restraint and correctness of 
        fit for the child;
            (2) the availability of testing data on the system and 
        vehicle in which the child restraint will be used;
            (3) the compatibility of the child restraint with different 
        makes and models;
            (4) the cost-effectiveness of mass production of the child 
        restraint for consumers;
            (5) the ease of use and relative availability of the child 
        restraint to children riding in motor vehicles; and
            (6) the benefits of built-in seats for improving compliance 
        with State child occupant restraint laws.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary shall transmit to the Committee on Energy 
and Commerce of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report of this 
evaluation.

SEC. 7. DEFINITIONS.

     As used in this Act, the following definitions apply:
            (1) Child restraint.--The term ``child restraint'' means 
        any product designed to provide restraint to a child (including 
        booster seats and other products used with a lap and shoulder 
        belt assembly) that meets applicable Federal motor vehicle 
        safety standards prescribed by the National Highway Traffic 
        Safety Administration.
            (2) Production year.--The term ``production year'' means 
        the 12-month period between September 1 of a year and August 31 
        of the following year.
            (3) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given that term in section 405(f)(5) 
        of title 23, United States Code.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated $5,000,000 
to the Secretary of Transportation for--
            (1) the evaluation required by Section 6 of this Act; and
            (2) research of the nature and causes of injury to children 
        involved in motor vehicle crashes.
    (b) Limitation.--Funds appropriated under subsection (a) shall not 
be available for the general administrative expenses of the Secretary.
                                 <all>