[Congressional Record Volume 148, Number 16 (Monday, February 25, 2002)]
[Senate]
[Pages S986-S987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CHILD PASSENGER PROTECTION ACT

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of S. 980, Calendar No. 317.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 980) to provide for the improvement of the 
     safety of child restraints in passenger motor vehicles, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment in the nature of a substitute to 
strike out all after the enacting clause and insert in lieu thereof the 
following:

     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

[[Page S987]]

     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.

  Mr. REID. Madam President, I ask unanimous consent that the 
substitute amendment be agreed to, the bill, as amended, be read three 
times and passed, the motion to reconsider be laid upon the table, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 980), as amended, was read the third time and passed.
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maine.
  (The remarks of Ms. Collins and Mr. Reed are printed in today's 
Record under ``Morning Business.'')
  The PRESIDING OFFICER (Mr. Nelson of Nebraska). In my capacity as the 
Senator from Nebraska, I suggest the absence of a quorum.
  The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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