[Senate Report 107-137]
[From the U.S. Government Publishing Office]
Calendar No. 317
107th Congress Report
SENATE
2d Session 107-137
_______________________________________________________________________
CHILD PASSENGER PROTECTION ACT OF 2001
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 980
February 14, 2002.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
99-010 WASHINGTON : 2002
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director
Ann Begeman, Deputy Republican Staff Director
Calendar No. 317
107th Congress Report
SENATE
2d Session 107-137
======================================================================
CHILD PASSENGER PROTECTION ACT OF 2001
_______
February 14, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 980]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 980) ``A Bill to provide for
the improvement of the safety of child restraints in passenger
motor vehicles, and for other purposes'', having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purposes of this bill and the programs it authorizes are
to prevent deaths and injuries to child passengers in motor
vehicles, educate the public concerning the proper use of child
restraints, and train child passenger safety technicians
concerning proper child restraint use.
Background and Needs
Motor vehicle collisions are the leading cause of death in
the United States for children who are older than 1 year.
According to the National Center for Injury Prevention and
Control, every 90 seconds a child is killed or injured in a
motor vehicle crash. The National Highway Traffic Safety
Administration (NHTSA) estimates that, between 1990 and 1998,
children under 10 years of age were dying in motor vehicle-
related accidents at a rate of 33 per week, and that between
1982 and 1998, there was a 23 percent increase in automotive
fatalities among children aged 5 to 9. In 2000, 2,343 children
under the age of 15 were killed and more than 291,000 were
injured in motor vehicle crashes. These statistics beg the
question whether appropriate measures have been taken to
protect the safety of children who are too large for a child
safety seat, but too small for adult seatbelts. On average,
these children range from 4 to 8 years of age, and are less
than 4,9" tall. (Leading traffic safety advocates often refer
to those in this age group and size as the ``forgotten
child'').
According to NHTSA, which devotes significant resources to
reducing child fatalities and injuries in motor vehicle
crashes, ``placing a child in an age-appropriate safety seat
will reduce the infant's or youngster's risk of dying by as
much as two-thirds.'' Crash statistics compiled by NHTSA also
indicate that the safest place to restrain a child in a motor
vehicle is the rear seat. The current safety restraint use rate
for children under 1 year old is approximately 97 percent, and
roughly 91 percent for children between the ages of 1 and 4.
These high usage rates are due, in part, to the education and
outreach resulting from the Occupant Protection Incentive
Grants Program, enacted in 1998, and, in part, to the enactment
of mandatory child restraint usage laws in all 50 states.
Recent studies suggest, however, that the number of child
passengers who are appropriately restrained in motor vehicles
declines drastically for children between the ages of 3 and 8
years.
On average, children usually outgrow their forward-facing
child safety seats at the age of 4 years and/or 40 pounds. Both
NHTSA and the National Transportation Safety Board (NTSB)
recommend that, when a child outgrows his/her forward-facing
child safety seat, the child be restrained in a booster seat
until he/she is big enough to fit in adult-sized lap and
shoulder belts. As stated by NHTSA, ``[a]ll children who have
outgrown child safety seats should be properly restrained in
booster seats until they are at least eight years old, unless
they are 4,9" tall.'' In reality, however, fewer than 10
percent of child passengers between the ages of 4 and 8 use
belt-positioning booster seats, the recommended safety seats
for this age group. Often, such children are prematurely
graduated to adult-sized vehicle belts, or worse yet, left
completely unrestrained.
So what exactly is a booster seat? In plain language, a
``booster seat'' is a device used to ``boost'' or position a
child so that the 3-point shoulder and lap belt will fit the
child appropriately. Unlike child safety seats, which are
designed for small children, the booster seat or cushion does
not attach to the vehicle, and does not have its own harness to
restrain the child. In technical terms, a ``booster seat'' is
defined under Federal Motor Vehicle Safety Standard (FMVSS) No.
213 as either a belt-positioning seat, which is a ``child
restraint system that positions a child on the seat of a
vehicle to improve the fit'' of a lap/shoulder belt ``that
lacks any component, such as a belt system or a structural
element, designed to restrain forward movement of the child's
torso in a forward impact,'' or as a ``backless child restraint
system,'' which is a ``child restraint, other than a belt-
positioning seat, that consists of a seating platform that does
not extend up to provide a cushion for the child's back or head
and has a structural element designed to restrain forward
motion of the child's torso in a forward impact.''
During an April 24, 2001, hearing held by the Committee
regarding child passenger safety, members of the Committee
questioned NHTSA, NTSB, child restraint and automobile
manufacturers, and traffic safety advocates about the latest
medical and safety datasupporting booster seats use. Also
discussed were the existing federal safety certification standards for
the manufacture of booster seats as well as ongoing efforts to develop
and certify a crash test dummy to simulate a 10-year-old child. The
Committee assessed state efforts to require greater use of booster
seats as well as private efforts to increase their availability and
proper use. Finally, the Committee and witnesses expressed concern that
many parents are unaware of what a booster seat is and why the use of
the device is important to the safety of their children. In response to
the deficiencies highlighted by this hearing, the Committee seeks to
strengthen federal laws and standards relating to the safety of the
``forgotten child.''
Medical Data Supporting the Need to Use Booster Seats
The Committee heard testimony affirming that the
recommendations for booster seat use offered by NHTSA and NTSB
are supported by ongoing medical studies of the effects of
placing small children in adult-sized seatbelts. Research
indicates that when small children are graduated to adult-sized
seatbelts too soon, the lap portion of the belt has a tendency
to ride up over the child's abdomen and the shoulder strap may
cross the child's neck or face. The seatbelt may completely
fail to restrain the child in some crashes, while in others,
the lap belts may cause severe internal injuries to the child's
liver, spleen, intestines, and spinal cord. Children who
graduate to automobile seat belts prematurely are up to four
times more likely to receive serious injury in a collision than
children who are restrained in booster seats or other child
restraints.
Current Federal Safety Standards
The Committee heard testimony that child restraints,
including booster seats, designed for passengers weighing up to
50 pounds are subject to federal safety performance standards.
Specifically, Federal Motor Vehicle Safety Standard No. 213
(FMVSS 213) requires dynamic testing of all restraints for
children weighing 50 pounds or less. Booster seats that are
designed for use by children weighing up to 50 pounds must meet
the same federal performance standards that apply to other
child restraints for head-injury criteria, force to the chest,
head excursion. There are, however, no federal performance
standards for booster seats currently being used by children
who weigh more than 50 pounds, despite the marketing of these
seats for use by children weighing up to 80, or even 100,
pounds. One reason for the current gap in child restraint
standards for children weighing over 50 pounds is the lack of a
suitable dummy for use in federal dynamic performance tests.
The largest certified dummy, which represents a 6-year-old,
weighs 52 pounds. No larger, heavier dummy has been certified
for assessing whether booster seats perform adequately for
children weighing more than this. On November 1, 2000, the
Transportation Recall Enhancement Accountability, and
Documentation (TREAD) Act (Pub. L. 106-414) was signed into
law. Section 14 of the TREAD Act mandates that, within 12
months, the Secretary of Transportation commence a rulemaking,
to be completed within 24 months, for the purpose of improving
the safety of child restraints, including booster seats. As
part of the rulemaking, the Secretary is required to consider,
among other things, whether: FMVSS 213, which already has
performance and structural integrity requirements established
for booster seats to be dynamically tested in lap and shoulder
belts, should be amended to cover restraints for children
weighing up to 80 pounds; performance and structural integrity
requirements should be established for booster seats to be
dynamically tested in lap and shoulder belts; and to apply
scaled injury criteria (which recognizes that children have
different physical vulnerabilities than adults) to booster
seats. Under the TREAD Act, the Secretary is required to
establish a child seat rating system so that parents and
guardians can make informed decisions when buying child safety
restraints. The Secretary is further required to conduct a
study of the effectiveness of booster seats for children,
taking into account public views, the advantages and
disadvantages of using booster seats (especially in place of
lap and shoulder belts), and to report findings to Congress.
Finally, the TREAD Act requires the Secretary to develop a
five-year strategy to reduce by 25 percent the number of deaths
and injuries caused by the failure to use the appropriate
booster seat when transporting children in the 4- to 8-year age
group.
State and Local Efforts
The first child passenger restraint law was passed by the
state legislature of Tennessee in 1978. Since the enactment of
that statute, each of the remaining 49 states, the District of
Columbia, Puerto Rico, and the U.S. Territories have passed
some form of child passenger safety law. Such laws contain
wide-ranging age, weight, and height requirements, as well as
different penalties and exemptions for violations. Many of
these state laws have gaps in coverage that may diminish
protection for child passengers. For example, some states do
not require children to be secured if the vehicle or the driver
is not a resident of that state or if the driver is ``attending
to the personal needs of the child.'' In close to half of the
states, children can ride completely unrestrained if all safety
belts are in use by other passengers, while others provide an
exemption for drivers who are not the vehicle owner or who are
not related to the children traveling in the vehicle. Over the
past few years, states have been criticized by some parents and
traffic safety organizations, such as the National SAFE KIDS
Campaign (SAFE KIDS), for having weak child passenger safety
laws. SAFE KIDS and other traffic safety advocates have called
for the enactment of stronger state laws for children under the
age of 15 years. Recently, a handful of states enacted enhanced
laws to require the use of age- or size-appropriate restraints
for children over the age of three years. A number of other
states are considering similar measures, including legislation
that would require child restraints for children at weights
beyond that which is tested by NHTSA.
Public Education
In a recent survey conducted by NHTSA and DaimlerChrysler,
1,000 parents and guardians with children 8 years old or
younger were queried about the correct age at which a child
should no longer be in a booster seat or other child safety
seat. Ninety-sixpercent of these caregivers were unsure of the
answer. In an effort to educate parents about the risks associated with
not using age- and size-appropriate child restraints, many states and
local governments have set up fitting stations at health centers or in
police, sheriff, or fire stations. Automobile and child restraint
manufacturers, as well as traffic safety organizations, also have
played a role in establishing fitting stations in local communities
across the country. S. 980 extends the authorization for the Child
Passenger Protection Grant program (originally authorized by the
Transportation Equity Act for the 21st Century (Public Law 105-178))
for two years. This enables the Secretary of Transportation to make
additional grants to states to encourage the implementation of programs
to, among other things, educate the public regarding the proper
installation and use of child restraints. At fitting stations, trained
technicians properly install child restraints for families of young
children and answer questions about the proper use of restraints
(including booster seats). Fitting station technicians also educate
care givers about the importance of not transporting children in the
front seat of passenger vehicles and provide advice about how to
correctly position a child restraint (forward- or rear-facing,
depending on the child's size) in vehicles.
Legislative History
S. 980 was introduced by Senators Fitzgerald and Dorgan on
May 26, 2001, following the Commerce Committee hearing on
booster seats. The Committee considered S. 980 as part of its
August 2, 2001, executive session, during which Senator
Fitzgerald offered a substitute amendment that was approved
unanimously by voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2001.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 890, Anton's Law.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 980--Anton's Law
Summary: The National Highway Traffic Safety Administration
(NHTSA) provides grants to states for programs designed to
improve the safety of children when they ride in automobiles.
S. 980 would extend this program for the next two years. The
bill would also direct NHTSA to develop a similar new program
and provide additional grants to states in 2004. In addition to
providing these grants, S. 980 would direct NHTSA to develop
regulations for child seats and rear seat belts, and to report
on the development of a dummy that would show the effects of
crash tests on a 10-year-old child.
CBO estimates that implementing S. 980 would cost $53
million over the 2002-2006 period. Enacting S. 980 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S. 980 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA). Any costs to state and
local governments receiving grants under this bill would be
incurred voluntarily.
S. 980 would impose a private-sector mandate, as defined by
UMRA, on the manufacturers of passenger motor vehicles, who
would be required to install a lap and should belt harness in
the center-rear seating position of vehicles weighing 10,000
pounds or less. Based on information from government and
industry sources, CBO expects that the direct cost to
manufacturers of this requirement would exceed the annual
threshold for private-sector mandates established by UMRA ($113
million in 2001, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 980 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\............................ 8 0 0 0 0 0
Estimated outlays............................... 7 2 0 0 0 0
Proposed changes:
Estimated authorization level................... 0 8 8 38 0 0
Estimated outlays............................... 0 6 7 27 13 0
Spending under S. 980:
Estimated authorization level \1\............... 8 8 8 38 0 0
Estimated outlays............................... 7 8 7 27 13 0
----------------------------------------------------------------------------------------------------------------
\1\ No funds were appropriated in fiscal year 2000 or 2001 for grants to states to improve the safety of
children when they ride in automobiles; however, the Department of Transportation used administrative
authority to transfer $7.5 million to this program in each of those years.
Basis of estimate: For this estimate, CBO assumes that S.
980 will be enacted near the start of fiscal year 2002 and that
the authorized amounts will be appropriated for each fiscal
year.
S. 980 would authorize the appropriation of $7.5 million to
NHTSA for each of fiscal years 2002 and 2003 for extending the
current grant program. S. 980 specifies that a state's grant in
2004 would equal five times the amount provided to that state
in 2003. Consequently, CBO estimates that the bill would
authorize the appropriation of $37.5 million for the new grant
program in 2004. CBO's estimate of outlays for both grant
programs is based on information from NHTSA and historical
spending patterns of the current program.
CBO estimates that the cost of developing new regulations
on child safety, reporting on the test dummy, and administering
the grant programs would be less than $500,000 in any year.
Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal government: S.
980 contains no intergovernmental mandates as defined in UMRA.
Any costs to state and local governments receiving grants under
this bill would be incurred voluntarily.
Estimated impact on the private sector: S. 980 would impose
a private-sector mandate, as defined by the Unfunded Mandates
Reform Act (UMRA), on the manufacturers of passenger motor
vehicles, who would be required to install a lap and shoulder
belt harness in the center-rear seating position of vehicles
weighing 10,000 pounds or less. Based on information provided
by the National Highway Traffic Safety Administration and the
manufacturing industry, CBO estimates that the cost per vehicle
would fall between $55 and $85, which includes both the cost of
the harness itself and any reinforcement necessary for the
seat. Roughly one quarter of the industry already equips their
vehicles with a harness in the center-rear seating position,
meaning that the provision would to approximately 12 million
vehicles. Thus, CBO estimates the annual cost to the
manufacturing industry could fall between $660 million and $1
billion, which would exceed the annual threshold for private-
sector mandates established by UMRA ($113 million in 2001,
adjusted annually for inflation).
Previous CBO estimate: On May 22, 2001, CBO transmitted a
cost estimate for H.R. 691, a bill to extend the authorization
of funding for child passenger protection education grants
through fiscal year 2003, as ordered reported by the House
Committee on Transportation and Infrastructure on May 16, 2001.
The estimated costs of the House bill are smaller because that
bill only reauthorized grants to states for 2002 and 2003.
Estimate prepared by: Federal costs: Rachel Milberg; impact
on state, local, and tribal governments: Susan Sieg Tompkins;
impact on the private sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The legislation would apply to: (1) Manufacturers of motor
vehicles or child restraint equipment that are incorporated or
have their principal place of business in the United States
and/or persons with their principal place of business in a
foreign country, including their direct or indirect domestic
and foreign subsidiaries and affiliates, any of which export
vehicles or child restraint equipment to the United States. It
also includes a person whose principal place of business is in
a foreign country, including its direct or indirect domestic
and foreign subsidiaries and affiliates, any of which
manufactures or assembles vehicles or child restraint equipment
in the United States; (2) dealers and distributors of
manufacturers of motor vehicles or child restraint equipment
within or outside of the United States; and (3) persons who
operate motor vehicles carrying child occupants between the
ages of 4 and 8 years old.
economic impact
The Congressional Budget Office (CBO) has estimated that
implementing S. 980 would cost $53 million over the 2002-2006
period. Enacting S. 980 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 980 contains no intergovernmental mandates as defined in the
Unfunded Mandates Reform Act (UMRA). Any costs to state and
local governments receiving grants under this bill would be
incurred voluntarily. S. 980 would impose a private-sector
mandate, as defined by UMRA, on the manufacturers of passenger
motor vehicles, who would be required to install a lap and
shoulder belt harness in the center-rear seating position of
vehicles weighing 10,000 pounds or less. Based on information
from government and industry sources, CBO has estimated that
the direct cost to manufacturers of this requirement would
exceed the annual threshold for private-sector mandates
established by UMRA ($113 million in 2001, adjusted annually
for inflation).
privacy and paperwork
The impact on the personal privacy of the persons covered by
this legislation is difficult to define prior to the completion
of the Secretary of Transportation's rulemaking proceedings
authorized under the Act. The outcome of these rulemaking
proceedings will also determine whether burdensome paperwork
requirements will be imposed.
Section-by-Section Analysis
Section 1. Short title
This section provides that the Act may be cited as ``Anton's
Law'', in honor of four-year-old Anton Skeen of Washington
State, who lost his life in a 1996 motor vehicle crash.
Section 2. Improving the safety of child restraints
This section requires the Secretary of Transportation, within
12 months of enactment, to begin a rulemaking to establish
standards for booster seats and other child restraints used in
passenger motor vehicles for children weighing more than 50
pounds. The rulemaking must be completed within 30 months of
enactment.
Section 3. Development of crash test dummy simulating 10-year-old child
This section requires the Secretary of Transportation, within
120 days of enactment, to report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Commerce on the status of ongoing
efforts to develop and certify a dummy that simulates a 10-
year-old for use in dynamic testing of child restraints.
Section 4. Regulations on mandatory use of three-point lap and shoulder
belts
Booster seats for children weighing over 40 pounds are
designed for use with standard lap and shoulder belt
assemblies. Lap and shoulder belts have been required in the
outboard seating positions of vehicle rear seats since 1990.
Shoulder belts are not required in the center rear seating
position, and many current model vehicles have lap belts only
in the center rear seating position. According to NTSB,
approximately 34 percent of all vehicles on the road today
still have only lap belts in all back seat positions. This
section requires the Secretary of Transportation, within 24
months of enactment, to complete a rulemaking to require lap
and shoulder belt assemblies in all rear seating positions of
passenger motor vehicles. The new requirement would apply to
the first production year after the production year in which
the rulemaking is finalized. This section also requires the
Secretary to provide for a phase-in, over a period of three
years, of this requirement. The requirement under this section
specifically applies to passenger motor vehicles with a gross
vehicle weight rating of 10,000 pounds or less. The Secretary
would have authority to exempt certain seats from the lap and
shoulder belt requirement if it would not be practicable to
equip those seats with lap and shoulder belt assemblies. If,
however, the Secretary decides to exempt particular seats on
this basis, the Secretary would have to provide Congress with
an explanation for the decision within 30 days after issuing a
final rule.
Section 5. Occupant protection incentive grants program
Section 2003(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178) authorized the Child Passenger
Protection Grant program for two years (with the program
expiring at the end of fiscal year 2001). S. 980 would extend
the authorization for an additional two years--making the
program consistent with the reauthorization cycle of the
Transportation Equity Act for the 21st Century. S. 980
authorizes $7.5 million out of the general fund, for each of
the fiscal years 2002 and 2003, for the Secretary of
Transportation to make incentive grants to states to encourage
the states to implement child passenger protection programs.
States may use grant funds to implement programs that would:
(1) Prevent deaths and injuries to children; (2) educate the
public concerning the proper installation of child restraints
using standard seatbelt hardware, supplemental hardware, and
modification devices (as appropriate), including special
installation techniques, appropriate child restraint design,
selection, and placement; and harness threading and harness
adjustment on child restraints; and (3) train and retrain child
passenger safety professionals, police officers, fire and
emergency medical personnel, and other educators concerning all
aspects of child restraint use.
Congress provided $7.5 million in fiscal years 2000 and 2001
to finance the Child Passenger Protection Education Grant
program. Forty-eight states, the District of Columbia, and the
U.S. Territories received grants under this program. Review of
Department of Transportation surveys and crash data indicate
that recipients devoted these funds toward a variety of child
passenger protection education and training initiatives, with
emphasis on cultural and ethnic minorities, rural, low income
and special needs populations in documented low usage areas.
Section 6. Incentive grants program encouraging use of safety belts and
child restraint systems
On March 15, 1999, the U.S. Department of Transportation and
NHTSA's Blue Ribbon Panel II issued a report recommending the
enactment of stronger state laws to ensure that all children
under 15 years of age are restrained in age- and size-
appropriate child safety seats, booster seats, or seatbelts. In
December 2000, the NTSB also proposed several actions that
could be taken by governors and legislative leaders at the
state level to better protect child passengers. One of NTSB's
proposed actions was to strengthen and enforce state laws by
requiring children to be in the rear seat and restrained by a
seatbelt.
This section of S. 980 would amend chapter 301 of Title 49,
United States Code, to permit the Secretary of Transportation
to award grants to states, in an amount equal to up to five
times the amount received by each state in fiscal year 2003
under the Child Passenger Protection Grant program, that enacts
enhanced child restraint laws by October 1, 2004. To qualify as
an ``enhanced child restraint law'' under this Act, a state
statute must, at a minimum: (1) Require child passengers who
are over the age of 3 years or who weigh at least 40 pounds to
be restrained; (2) prescribe a penalty for operating a
passenger motor vehicle in which any occupant under the age of
16 is not properly restrained; (3) meet any other standards set
by the Secretary of Transportation under this Act. The grant
funds would be awarded in fiscal year 2004. States could use
the grant funds only to enhance child safety in passenger motor
vehicles.
Section 7. Definitions
This section provides definitions for the terms ``child
restraint'', ``product year'', and ``passenger motor vehicle''.
Section 8. Authorization of appropriations
This section authorizes appropriations to the Secretary of
Transportation of such sums as are necessary to carry out this
Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
[23 U.S.C. 405 note; 112 Stat. 328]
SEC. 2003. OCCUPANT PROTECTION.
(a) Occupant Protection Incentive Grants.--
* * * * * * *
(b) Child Passenger Protection Education Grants.--
(1) In general.--The Secretary may make a grant to a
State that submits an application, in such form and
manner as the Secretary may prescribe, that is approved
by the Secretary to carry out the activities specified
in paragraph (2) through--
(A) the child passenger protection program of
the State; and
(B) at the option of the State, a grant
program established by the State to carry out 1
or more of the activities specified in
paragraph (2) by a political subdivision of the
State or an appropriate private entity.
(2) Use of funds.--Funds provided to a State as a
grant under this subsection shall be used to implement
child passenger protection programs that--
(A) are designed to prevent deaths and
injuries to children;
(B) educate the public concerning--
(i) all aspects of the proper
installation of child restraints using
standard seatbelt hardware,
supplemental hardware, and modification
devices (if needed), including special
installation techniques;
(ii) appropriate child restraint
design, selection, and placement; and
(iii) harness threading and harness
adjustment on child restraints; and
(C) train and retrain child passenger safety
professionals, police officers, fire and
emergency medical personnel, and other
educators concerning all aspects of child
restraint use.
(3) Grant awards.--The Secretary may make a grant
under this subsection without regard to whether a State
is eligible to receive, or has received, a grant under
section 405 of title 23, United States Code (as
inserted by subsection (a) of this section).
(4) Federal share.--The Federal share of the cost of
a program carried out using funds made available from a
grant under this subsection may not exceed 80 percent.
(5) Report.--Each State that receives a grant under
this subsection shall transmit to the Secretary a
report for the period covered by the grant that, at a
minimum, describes the program activities carried out
with the funds made available under the grant.
(6) Report to congress.--Not later than June 1, 2002,
the Secretary shall transmit to Congress a report on
the implementation of this subsection that includes a
description of the programs carried out and materials
developed and distributed by the States that receive
grants under this subsection.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $7,500,000 for each of fiscal years 2000
[and 2001.] through 2003.
* * * * * * *
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 the
Child Passenger Protection Act of 2001.
(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 the Child Passenger Protection
Act of 2001 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.