[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2950 Reported in Senate (RS)]

                                                       Calendar No. 699
107th CONGRESS
  2d Session
                                S. 2950

                          [Report No. 107-311]

To amend title 49, United States Code, to authorize appropriations for 
 the National Transportation Safety Board for fiscal years 2003, 2004, 
                   and 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2002

Mr. Hollings (for himself, Mr. McCain, Mr. Rockefeller, Mrs. Hutchison, 
  Mr. Breaux, and Mr. Smith of Oregon) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            October 10, 2002

               Reported by Mr. Hollings, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to authorize appropriations for 
 the National Transportation Safety Board for fiscal years 2003, 2004, 
                   and 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--NTSB AUTHORIZATION

<DELETED>SECTION 1. </DELETED>SEC. 101. SHORT TITLE.

    This <DELETED>Act </DELETED>title may be cited as the ``National 
Transportation Safety Board Reauthorization Act of 2002''.

SEC. <DELETED>2. </DELETED>102. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Years 2003-2005.--Section 1118(a) of title 49, United 
States Code, is amended--
            (1) by striking ``and''; and
            (2) by striking ``such sums to'' and inserting the 
        following: ``$73,325,000 for fiscal year 2003, $84,999,000 for 
        fiscal year 2004, and $89,687,000 for fiscal year 2005. Such 
        sums shall''.
    (b) Emergency Fund.--Section 1118(b) of such title is amended by 
striking the second sentence and inserting the following: ``In 
addition, there are authorized to be appropriated such sums as may be 
necessary to increase the fund to, and maintain the fund at, a level 
not to exceed $3,000,000.''.
    (c) NTSB Academy.--Section 1118 of such title is amended by adding 
at the end the following:
    ``(c) Academy.--
            ``(1) Authorization.--There are authorized to be 
        appropriated to the Board for necessary expenses of the 
        National Transportation Safety Board Academy, not otherwise 
        provided for, $3,347,000 for fiscal year 2003, $4,896,000 for 
        fiscal year 2004, and $4,995,000 for fiscal year 2005. Such 
        sums shall remain available until expended.
            ``(2) Fees.--The Board may impose and collect such fees as 
        it determines to be appropriate for services provided by or 
        through the Academy.
            ``(3) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any fee collected 
        under this paragraph--
                    ``(A) shall be credited as offsetting collections 
                to the account that finances the activities and 
                services for which the fee is imposed;
                    ``(B) shall be available for expenditure only to 
                pay the costs of activities and services for which the 
                fee is imposed; and
                    ``(C) shall remain available until expended.
            ``(4) Refunds.--The Board may refund any fee paid by 
        mistake or any amount paid in excess of that required.''.
    (d) Report on Academy Operations.--The National Transportation 
Safety Board shall transmit an annual report to the Congress on the 
activities and operations of the National Transportation Safety Board 
Academy.

SEC. <DELETED>3. </DELETED>103. ASSISTANCE TO FAMILIES OF PASSENGERS 
              INVOLVED IN AIRCRAFT ACCIDENTS.

    (a) Relinquishment of Investigative Priority.--Section 1136 of 
title 49, United States Code, is amended by adding at the end the 
following:
    ``(j) Relinquishment of Investigative Priority.--
            ``(1) General rule.--This section (other than subsection 
        (g)) shall not apply to an aircraft accident if the Board has 
        relinquished investigative priority under section 1131(a)(2)(B) 
        and the Federal agency to which the Board relinquished 
        investigative priority is willing and able to provide 
        assistance to the victims and families of the passengers 
        involved in the accident.
            ``(2) Board assistance.--If this section does not apply to 
        an aircraft accident because the Board has relinquished 
        investigative priority with respect to the accident, the Board 
        shall assist, to the maximum extent possible, the agency to 
        which the Board has relinquished investigative priority in 
        assisting families with respect to the accident.''.
    (b) Revision of MOU.--Not later than 1 year after the date of 
enactment of this Act, the National Transportation Safety Board and the 
Federal Bureau of Investigation shall revise their 1977 agreement on 
the investigation of accidents to take into account the amendments made 
by this section and shall submit a copy of the revised agreement to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. <DELETED>4. </DELETED>104.  RELIEF FROM CONTRACTING REQUIREMENTS 
              FOR INVESTIGATIONS SERVICES.

    Section 1113(b) of title 49, United States Code, is amended--
            (1) by striking ``Statutes;'' in paragraph (1)(B) and 
        inserting ``Statutes, and, for investigations conducted under 
        section 1131, enter into such agreements or contracts without 
        regard to any other provision of law requiring competition if 
        necessary to expedite the investigation;''; and
            (2) by adding at the end the following:
    ``(3) The Board, as a component of its annual report under section 
1117, shall include an enumeration of each contract for $25,000 or more 
executed under this section during the preceding calendar year.''.

                    TITLE II--CHILD PASSENGER SAFETY

SEC. 201. SHORT TITLE.

    This title may be cited as ``Anton's Law''.

SEC. 202. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR 
              VEHICLES.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this title, the Secretary of Transportation 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 40 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 develop a solution for children 
        weighing more than 40 pounds who 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 Regulations, 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. 203. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-
              YEAR OLD CHILD.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
current schedule and status of activities of the Department of 
Transportation to develop, evaluate, and certify a commercially 
available dummy that simulates a 10-year old child for use in testing 
the effectiveness of child restraints used in passenger motor vehicles.

SEC. 204. 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 of Transportation 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.
    (c) Report on Determination To Exclude.--
            (1) Requirement.--If the Secretary determines under 
        subsection (a)(1) that installation of a lap and shoulder belt 
        assembly is not practicable for a particular designated seating 
        position in a particular type of motor vehicle, the Secretary 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report specifying 
        the reasons for the determination.
            (2) Deadline.--The report under paragraph (1) shall be 
        submitted, if at all, not later than 30 days after the date on 
        which the Secretary issues a final rule under subsection (a).

SEC. 205. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION EDUCATION 
              GRANTS PROGRAM.

    Section 2003(b)(7) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking 
``and 2001.'' and inserting ``through 2004.''

SEC. 206. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 412. Grant program for improving child passenger safety programs
    ``(a) Standards and Requirements Regarding Child Restraint Laws.--
Not later than October 1, 2003, the Secretary shall establish 
appropriate criteria applicable to child restraint laws for purposes of 
eligibility for grants under this section. The criteria shall be 
consistent with the provisions of Anton's Law.
    ``(b) Requirement To Make Grants.--
            ``(1) In general.--The Secretary shall make a grant to each 
        State and Indian tribe that, as determined by the Secretary, 
        has a child restraint law in effect on September 30, 2004.
            ``(2) Limitation on number of grants.--Not more than one 
        grant may be made to a State or Indian tribe under this 
        section.
            ``(3) Commencement.--The requirement in paragraph (1) shall 
        commence on October 1, 2004.
    ``(c) Grant Amount.--The amount of the grant to a State or Indian 
tribe under this section shall be the amount equal to five times the 
amount provided to the State or Indian tribe, as the case may be, under 
section 2003(b)(7) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 405 note) in fiscal year 2003.
    ``(d) Use of Grant Amounts.--
            ``(1) In general.--A State or Indian tribe shall use any 
        amount received by the State or Indian tribe, as the case may 
        be, under this section to carry out child passenger protection 
        programs for children under the age of 16 years, including 
        programs for purposes as follows:
                    ``(A) To educate the public concerning the proper 
                use and installation of child restraints, including 
                booster seats.
                    ``(B) To train and retain child passenger safety 
                professionals, police officers, fire and emergency 
                medical personnel, and educators concerning all aspects 
                of the use of child restraints.
                    ``(C) To provide child restraint systems, including 
                booster seats and the hardware needed for their proper 
                installation, to families that cannot otherwise afford 
                such systems.
                    ``(D) To support enforcement of the child restraint 
                law concerned.
            ``(2) Limitation on federal share.--The Federal share of 
        the cost of a program under paragraph (1) that is carried out 
        using amounts from a grant under this section may not exceed 80 
        percent of the cost of the program.
    ``(e) Administrative Expenses.--The amount of administrative 
expenses under this section in any fiscal year may not exceed the 
amount equal to five percent of the amount available for making grants 
under this section in the fiscal year.
    ``(f) Applicability of Chapter 1.--The provisions of section 402(d) 
of this title shall apply to funds authorized to be appropriated to 
make grants under this section as if such funds were highway safety 
funds authorized to be appropriated to carry out section 402 of this 
title.
    ``(g) Definitions.--In this section:
            ``(1) Child restraint law.--The term `child restraint law' 
        means a law that--
                    ``(A) satisfies standards established by the 
                Secretary under Anton's Law for the proper restraint of 
                children who are over the age of 3 years or who weigh 
                at least 40 pounds;
                    ``(B) prescribes a penalty for operating a 
                passenger motor vehicle in which any occupant of the 
                vehicle who is under the age of 16 years is not 
                properly restrained in an appropriate restraint system 
                (including seat belts, booster seats used in 
                combination with seat belts, or other child 
                restraints); and
                    ``(C) meets any criteria established by the 
                Secretary under subsection (a) for purposes of this 
                section.
            ``(2) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that term in section 405(f)(5) 
        of this title.
            ``(3) State.--The term `State' has the meaning given in 
        section 101 of this title and includes any Territory or 
        possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that chapter is amended by inserting after the item relating to section 
411 the following new item:

``412. Grant program for improving child passenger safety programs.''.

SEC. 207. DEFINITIONS.

    In this Act:
            (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. 208. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry out this Act, 
including the making of grants under section 412 of title 23, United 
States Code, as added by section 206.




                                                       Calendar No. 699

107th CONGRESS

  2d Session

                                S. 2950

                          [Report No. 107-311]

_______________________________________________________________________

                                 A BILL

To amend title 49, United States Code, to authorize appropriations for 
 the National Transportatin Safety Board for fiscal years 2003, 2004, 
                   and 2005, and for other purposes.

_______________________________________________________________________

                            October 10, 2002

                        Reported with amendments