[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 980

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2001

 Mr. Fitzgerald (for himself and Mr. Dorgan) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 Passenger Protection Act of 
2001''.

SEC. 2. 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 Act, the Secretary of Transportation shall initiate a 
rulemaking proceeding to establish a safety standard for booster seats 
used in passenger motor vehicles. The standard shall apply to any child 
occupant of a passenger motor vehicle for whom a booster seat, used in 
combination with an adult seat belt, is an appropriate form of child 
restraint.
    (b) Elements for Consideration.--In the rulemaking proceeding 
required by subsection (a), the Secretary shall--
            (1) consider whether or not to establish injury performance 
        criteria for children under the safety standard to be 
        established in the rulemaking proceeding;
            (2) consider whether or not to establish seat belt 
        positioning performance requirements for booster seats;
            (3) consider whether or not to establish a separate Federal 
        motor vehicle safety standard for booster seats or incorporate 
        booster seat requirements into an existing Federal motor 
        vehicle safety standard; and
            (4) review the definition of the term ``booster seat'', as 
        that term is defined in Standard No. 213, set forth in 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 24 months after 
the date of the enactment of this Act.

SEC. 3. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-YEAR 
              OLD CHILD.

    Not later than 60 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 Commerce of 
the House of Representatives a report on the current schedule and 
status of activities of the Department of Transportation to develop and 
certify a dummy that simulates a 10-year old child for use in testing 
the effectiveness of child restraints used in passenger motor vehicles.

SEC. 4. REGULATIONS ON MANDATORY USE 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 Standard No. 208, set forth in section 
571.208 of title 49, Code of Federal Regulations, in order to--
            (1) require each seat belt assembly in the rear seats of a 
        passenger motor vehicle to be a lap and shoulder belt assembly; 
        and
            (2) apply that requirement to passenger motor vehicles 
        beginning after the production year in which the regulations 
        are prescribed in compliance with the implementation schedule 
        under subsection (b).
    (b) Implementation Schedule.--The requirement prescribed under 
subsection (a)(1) may be implemented through a phase-in schedule 
prescribed by the Secretary which schedule may be similar to the phase-
in schedule set forth in paragraph S.14.1.1 of section 571.208 of title 
49, Code of Federal Regulations, except that the requirement shall 
apply to not less than--
            (1) 50 percent of a manufacturer's production of passenger 
        motor vehicles for the first production year to which the 
        requirement applies;
            (2) 80 percent of a manufacturer's production of passenger 
        motor vehicles for the second production year to which the 
        requirement applies; and
            (3) 100 percent of a manufacturer's production of passenger 
        motor vehicles for the third production year to which the 
        requirement applies.

SEC. 5. TWO-YEAR EXTENSION OF OCCUPANT PROTECTION INCENTIVE 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 2003''

SEC. 6. INCENTIVE GRANTS FOR USE OF SAFETY BELTS AND CHILD RESTRAINT 
              SYSTEMS BY CHILDREN.

    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30128. Grant program for improving child occupant safety 
              programs
    ``(a) Authority To Make Grants.--
            ``(1) In general.--The Secretary of Transportation may make 
        grants under this section as follows:
                    ``(A) A basic grant to any State that enacts a 
                child restraint law by October 1, 2003.
                    ``(B) A supplemental grant to any State described 
                by subparagraph (A) if the child restraint law 
                concerned is an enhanced child restraint law.
            ``(2) Limitation on number of grants in any state fiscal 
        year.--Not more than one grant may be made to a State under 
        this section in any given fiscal year of the State.
            ``(3) Commencement.--The authority of the Secretary to make 
        grants under this section shall commence on October 1, 2003.
    ``(b) Amount of Grants.--
            ``(1) Basic grant.--The amount of a basic grant made to a 
        State under this section shall be equal to two times the amount 
        received by the State under section 2003(b)(7) of the 
        Transportation Equity Act for the 21st Century (23 U.S.C. 405 
        note) in fiscal year 2003.
            ``(2) Supplemental grant.--The amount of any supplemental 
        grant made to a State under this section shall be equal to 
        three times the amount received by the State under section 
        2003(b)(7) of that Act in fiscal year 2003.
    ``(c) Use of Grant Funds.--A State shall use any amount received by 
the State under this section only to enhance the safety of child 
occupants of passenger motor vehicles.
    ``(d) Definitions.--In this section:
            ``(1) Child restraint law.--The term `child restraint law' 
        means a State law that prescribes a penalty for operating a 
        passenger motor car (as defined in section 30127(a)(3) of this 
        title) in which any occupant of the car who is under the age of 
        16 years is not properly restrained by a safety belt or 
        otherwise properly secured in a child restraint system that 
        meets applicable Federal motor vehicle safety standards 
        prescribed by the National Highway Traffic Safety 
        Administration.
            ``(2) Enhanced child restraint law.--The term `enhanced 
        child restraint law' means a child restraint law that 
        prescribes a separate or additional penalty for operating a 
        passenger car unless all of the vehicle occupants for whom a 
        booster seat, used in combination with an adult seat belt, is 
        an appropriate form of child restraint, are properly using a 
        child restraint system that meets applicable Federal motor 
        vehicle safety standards prescribed by the National Highway 
        Traffic Safety Administration.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that chapter is amended by inserting after the item relating to section 
30127 the following new item:

``30128. Grant program for improving child occupant safety programs.''.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Child restraint.--The term ``child restraint'' means a 
        specially designed seating system (including booster seats and 
        child safety seats) that meets applicable Federal motor vehicle 
        safety standards prescribed by the National Highway Traffic 
        Safety Administration.
            (2) Manufacturer.--The term ``manufacturer'' has the 
        meaning given that term by section 30102(a)(5) of title 49, 
        United States Code.
            (3) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given that term by section 30102(a)(6) of title 49, 
        United States Code.
            (4) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' means--
                    (A) a ``passenger car'' as defined in section 
                30127(a)(3) of title 49, United States Code; and
                    (B) a ``multipurpose passenger vehicle'' as defined 
                in section 30127(a)(2) of title 49, United States Code.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is 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 30128 of title 49, United 
States Code, as added by section 6.
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