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






                                                       Calendar No. 317
107th CONGRESS
  2d Session
                                 S. 980

                          [Report No. 107-137]

  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, Mr. Dorgan, Mr. McCain, Mrs. Hutchison, 
 Ms. Snowe, Ms. Landrieu, Mr. Kerry, Mr. Durbin, Mr. DeWine, and Mrs. 
   Carnahan) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           February 14, 2002

    Reported by Mr. Hollings, with an amendment in the nature of a 
                               substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Child Passenger Protection 
Act of 2001''.</DELETED>

<DELETED>SEC. 2. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER 
              MOTOR VEHICLES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Elements for Consideration.--In the rulemaking 
proceeding required by subsection (a), the Secretary shall--</DELETED>
        <DELETED>    (1) consider whether or not to establish injury 
        performance criteria for children under the safety standard to 
        be established in the rulemaking proceeding;</DELETED>
        <DELETED>    (2) consider whether or not to establish seat belt 
        positioning performance requirements for booster 
        seats;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. REGULATIONS ON MANDATORY USE OF LAP AND SHOULDER 
              BELTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) require each seat belt assembly in the rear 
        seats of a passenger motor vehicle to be a lap and shoulder 
        belt assembly; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) 50 percent of a manufacturer's production of 
        passenger motor vehicles for the first production year to which 
        the requirement applies;</DELETED>
        <DELETED>    (2) 80 percent of a manufacturer's production of 
        passenger motor vehicles for the second production year to 
        which the requirement applies; and</DELETED>
        <DELETED>    (3) 100 percent of a manufacturer's production of 
        passenger motor vehicles for the third production year to which 
        the requirement applies.</DELETED>

<DELETED>SEC. 5. TWO-YEAR EXTENSION OF OCCUPANT PROTECTION INCENTIVE 
              GRANTS PROGRAM.</DELETED>

<DELETED>    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''</DELETED>

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

<DELETED>    (a) In General.--Subchapter II of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 30128. Grant program for improving child occupant 
              safety programs</DELETED>
<DELETED>    ``(a) Authority To Make Grants.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Transportation 
        may make grants under this section as follows:</DELETED>
                <DELETED>    ``(A) A basic grant to any State that 
                enacts a child restraint law by October 1, 
                2003.</DELETED>
                <DELETED>    ``(B) A supplemental grant to any State 
                described by subparagraph (A) if the child restraint 
                law concerned is an enhanced child restraint 
                law.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Commencement.--The authority of the 
        Secretary to make grants under this section shall commence on 
        October 1, 2003.</DELETED>
<DELETED>    ``(b) Amount of Grants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Manufacturer.--The term ``manufacturer'' has 
        the meaning given that term by section 30102(a)(5) of title 49, 
        United States Code.</DELETED>
        <DELETED>    (3) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given that term by section 30102(a)(6) of title 49, 
        United States Code.</DELETED>
        <DELETED>    (4) Passenger motor vehicle.--The term ``passenger 
        motor vehicle'' means--</DELETED>
                <DELETED>    (A) a ``passenger car'' as defined in 
                section 30127(a)(3) of title 49, United States Code; 
                and</DELETED>
                <DELETED>    (B) a ``multipurpose passenger vehicle'' 
                as defined in section 30127(a)(2) of title 49, United 
                States Code.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anton's Law''.

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 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 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. 3. 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 U.S. House 
of Representatives Committee on Energy and Commerce 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. 4. 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 U.S. House of 
        Representatives Committee on Energy and Commerce 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. 5. 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 2003.''

SEC. 6. 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, 2002, 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. 7. 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. 8. 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 6.




                                                       Calendar No. 317

107th CONGRESS

  2d Session

                                 S. 980

                          [Report No. 107-137]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           February 14, 2002

        Reported with an amendment in the nature of a substitute