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[House Report 107-726]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-726

======================================================================

 
                              ANTON'S LAW

                                _______
                                

October 7, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5504]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 5504) to provide for the improvement of the 
safety of child restraints in passenger motor vehicles, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Statement of General Performance Goals and Objectives............     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     6
Advisory Committee Statement.....................................     6
Constitutional Authority Statement...............................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) It is the policy of the Department of Transportation that 
        all child occupants of motor vehicles, regardless of seating 
        position, be appropriately restrained in order to reduce the 
        incidence of injuries and fatalities resulting from motor 
        vehicle crashes on the streets, roads, and highways.
          (2) Research has shown that very few children between the 
        ages of 4 to 8 years old are in the appropriate restraint for 
        their age when riding in passenger motor vehicles.
          (3) Children who have outgrown their child safety seats 
        should ride in a belt-positioning booster seat until an adult 
        seat belt fits properly.
          (4) Children who were properly restrained when riding in 
        passenger motor vehicles suffered less severe injuries from 
        accidents than children not properly restrained.

SEC. 3. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR 
                    VEHICLES.

  (a) In General.--The Secretary of Transportation (hereafter referred 
to as the ``Secretary'') 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 50 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 address situations where children 
        weighing more than 50 pounds 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. 4. DEVELOPMENT OF ANTHROPOMORPHIC TEST DEVICE SIMULATING A 10-YEAR 
                    OLD CHILD.

  (a) Development and Evaluation.--Not later than 24 months after the 
date of the enactment of this Act, the Secretary shall develop and 
evaluate an anthropomorphic test device that simulates a 10-year old 
child for use in testing child restraints used in passenger motor 
vehicles.
  (b) Adoption by Rulemaking.--Within 1 year following the development 
and evaluation carried out under subsection (a), the Secretary shall 
initiate a rulemaking proceeding for the adoption of an anthropomorphic 
test device as developed under subsection (a).

SEC. 5. 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 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.

SEC. 6. EVALUATION OF INTEGRATED CHILD SAFETY SYSTEMS.

  (a) Evaluation.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall initiate an evaluation of integrated 
or built-in child restraints and booster seats. The evaluation should 
include--
          (1) the safety of the child restraint and correctness of fit 
        for the child;
          (2) the availability of testing data on the system and 
        vehicle in which the child restraint will be used;
          (3) the compatibility of the child restraint with different 
        makes and models;
          (4) the cost-effectiveness of mass production of the child 
        restraint for consumers;
          (5) the ease of use and relative availability of the child 
        restraint to children riding in motor vehicles; and
          (6) the benefits of built-in seats for improving compliance 
        with State child occupant restraint laws.
  (b) Report.--Not later than 12 months after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report of this evaluation.

SEC. 7. DEFINITIONS.

   As used in this Act, the following definitions apply:
          (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.

  (a) In General.--There are authorized to be appropriated $5,000,000 
to the Secretary of Transportation for--
          (1) the evaluation required by Section 6 of this Act; and
          (2) research of the nature and causes of injury to children 
        involved in motor vehicle crashes.
  (b) Limitation.--Funds appropriated under subsection (a) shall not be 
available for the general administrative expenses of the Secretary.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 5504, ``Anton's Law,'' is to provide 
for the improved safety of child restraints in passenger motor 
vehicles.

                  BACKGROUND AND NEED FOR LEGISLATION

    Motor vehicles are the leading cause of death in the United 
States for children who are older than 1 year (National Safety 
Council Injury Statistics, 2001). While the usage rate for 
child safety seats for children under 4 years of age is 91 
percent, it is estimated by safety groups, such as Advocates 
for Highway and Auto Safety, that less than 10 percent of 
children between the ages of 4 and 8 are placed in booster 
seats.
    Booster seats are seats that ``boost'' or position a child 
so that a three-point lap and shoulder belt appropriately fit a 
child 80 pounds or less. Seat belts are designed to fit adults, 
so when a young child uses a seat belt without a booster seat, 
the lap portion of the belt may have a tendency to ride up and 
over the child's abdomen and the shoulder strap may cross 
thechild's neck or face. The seat belt may completely fail to restrain 
the child in some crashes, or the lap belt may cause significant 
internal injuries to the child. In fact, children who graduate to seat 
belts too soon are up to four times more likely to receive a serious 
injury in a collision than children who are restrained in booster seats 
or other child restraints.
    Current safety standards that govern child restraints, 
including booster seats, are designed to cover passengers 
weighing up to 50 pounds, despite the fact that most belt-
positioning booster seats are recommended by the manufacturers 
for children weighing up to 80 pounds. There are, however, no 
federal performance standards for child restraints currently 
being used by children who weigh more than 50 pounds. Part of 
the reason for the lack of regulations is the lack of a 
suitable anthropomorphic testing device, or dummy. The largest 
certified dummy represents a six-year-old child and weighs 52 
pounds. H.R. 5504 is designed to supplement the gaps in current 
regulations.

                                HEARINGS

    The Committee has not held hearings on H.R. 5504.

                        COMMITTEE CONSIDERATION

    On Wednesday, October 2, 2002, the Full Committee met in 
open markup session and ordered H.R. 5504 favorably reported to 
the House, as amended, by a voice vote, a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 5504 reported. A motion by Mr. Tauzin to order H.R. 5504 
reported to the House, as amended, was agreed to by a voice 
vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
hearings on this legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The goal of H.R. 5504 is to require the National Highway 
Traffic Safety Administration (NHTSA) to institute rulemakings 
proceedings on child restraint systems designed to prevent 
deaths and injuries to child passengers in motor vehicles.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5504, ``Anton's Law,'' would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 4, 2002.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5504, 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.

H.R. 5504--Anton's Law

    Summary: H.R. 5504 would authorize the appropriation of $5 
million for the Secretary of Transportation to evaluate certain 
child safety seats and conduct research on injuries to children 
involved in automobile crashes. It would direct the Secretary 
to develop regulations regarding child restraints in 
automobiles, lap and shoulder belts in the rear seats of 
automobiles, and the use of child-sized dummies in crash tests. 
The bill also would require the Secretary to develop a dummy 
that would show the effects of crash tests on a 10-year-old 
child.
    Assuming appropriation of the amount authorized in the 
bill, CBO estimates that implementing H.R. 5504 would cost $5 
million over the 2003-2005 period. Enacting H.R. 5504 would not 
affect direct spending or revenues.
    H.R. 5504 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    The bill would impose a private-sector mandate as defined 
in UMRA on the manufacturers of passenger motor vehicles. Based 
on information from government and industry sources, CBO 
expects that the direct costs to manufacturers for this 
requirement would exceed the annual threshold for private-
sector mandates established by UMRA ($115 million in 2002, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5504 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level................................................        5        0        0        0        0
Estimated outlays..................................................        2        2        1        0        0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5504 will be enacted near the start of fiscal year 2003 and 
that the authorized amount will be appropriated for 2003. 
Estimates of outlays are based on information from the National 
Highway Traffic Safety Administration (NHTSA) and historical 
spending patterns of similar programs.
    NHTSA is already developing a dummy that would simulate the 
effects of crash tests on a 10-year-old child, so CBO estimates 
that H.R. 5504 would not increase spending for this purpose. 
CBO estimates that the cost of developing new regulations would 
be less than $500,000 in any year.
    Estimated impact on state, local, and tribal governments: 
H.R. 5504 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: H.R. 5504 would 
impose a private-sector mandate as defined in UMRA on the 
manufacturers of passenger motor vehicles. The bill would 
require those manufacturers to install a lap and shoulder belt 
harness in all the rear designated seating positions of 
vehicles weighing 10,000 pounds or less. According to 
information provided by the NHTSA and the automobile industry, 
the per vehicle cost to install a harness and any reinforcement 
necessary for the seat could range from $50 to $85 depending on 
the model of vehicle. The costs would be lower for vehicles 
that would not need the additional reinforcements. One-quarter 
to one-third of the industry already equips vehicles with a 
harness in the center-rear seating position, meaning that the 
requirement would apply to roughly 9 million to 12 million 
vehicles. Consequently, CBO estimates that annual cost to 
manufacturers would exceed the annual threshold for private-
sector mandates established by UMRA ($115 million in 2002, 
adjusted annually for inflation) and could amount to as much as 
$1 billion.
    Previous CBO estimate: On September 4, 2001, CBO 
transmitted a cost estimate for S. 980, Anton's Law, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on August 2, 2001. The estimated cost of the two 
bills differ because they would authorize different kinds of 
activities. For example, S. 980 would extend a NHTSA program 
that provides grants to states for improving the safety of 
children when they ride in automobiles; it would not, however, 
authorize appropriations for the Secretary to conduct research.
    Estimate prepared by: Federal costs: Rachel Milbert; Impact 
on state, local, and tribal governments: Greg Waring; Impact on 
the private sector: Jean Talarico.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 establishes the short title of the bill as 
``Anton's Law,'' in memory of Anton Skeen, a four-year-old 
child who was tragically killed in an automobile accident in 
1996, and was not restrained using a booster seat.

Section 2. Findings

    Section 2 makes certain Congressional findings.

Section 3. Improvement of safety of child restraints in passenger motor 
        vehicles

    Section 3 requires the Secretary of Transportation 
(Secretary) to initiate a rulemaking to establish performance 
requirements for child restraints designed to restrain children 
weighing more than 50 pounds. Elements that must be considered 
as part of that rulemaking include (1) whether to include 
injury performance criteria for child restraints, including 
booster seats; (2) whether to establish performance 
requirements for seat belt fit; (3) whether to address 
situations where children weighing more than 50 pounds only 
have access to lap belts; and, (4) whether to review the 
current definition of ``booster seat.'' The Secretary must 
complete this rulemaking not later than 30 months after 
enactment.

Section 4. Development of anthropomorphic test device simulating a 10-
        year-old child

    Section 4 requires the Secretary to develop and evaluate an 
anthropomorphic test device that simulates a 10-year-old child 
for use in testing child restraints not later than 24 months 
after enactment. It is anticipated that this testing device 
will weigh approximately 80 pounds. The Secretary must then 
initiate a rulemaking to adopt the anthropomorphic testing 
device not later than 1 year after enactment.

Section 5. Requirements for installation of lap and shoulder belts

    Section 5 requires the Secretary to initiate a rulemaking 
to require a lap and shoulder belt assembly for each rear-
designated seating position in every passenger motor vehicle 
with a gross vehicle weight rating of 10,000 pounds or less. If 
the Secretary determines that installation of a lap and 
shoulder belt assembly is not practicable, the Secretary may 
exclude the designated seating position from the requirement.
    Section 5 requires that NHTSA mandate the automobile 
manufacturing industry to begin installation of the lap and 
shoulder belt assembly not less than one year after enactment. 
This installation requirement shall be phased in over three 
production years. NHTSA may, in its discretion and in 
accordance with past practice, allow for the earning of credits 
for early compliance or compliance beyond the mandated phase-in 
allowing manufacturers to utilize credits in future model 
years. This section is intended to maximize occupant safety, 
and should not be construed to promote or inhibit protection 
under state or common law for any vehicles not so equipped 
before this section is fully implemented.

Section 6. Evaluation of integrated child safety systems

    Section 6 requires the Secretary to evaluate integrated or 
built-in child restraints and booster seats. The Secretary 
shall examine the safety of the child restraint and the 
correctness of the fit, the availability of testing data on the 
system and vehicle the restraint is used in, the compatibility 
of the child restraint with different make and models of 
vehicles, the cost-effectiveness of mass production of child 
restraints, the ease of use and availability of child 
restraints, and the benefits of built-in seats for improving 
compliance with state laws. The Secretary shall complete this 
evaluation not later than one year after enactment and the 
Secretary shall transmit the report to the Congress.

Section 7. Definitions

    Section 7 defines ``child restraint'' to mean any product 
designed to provide the restraint to a child that meets 
applicable Federal motor vehicle safety standards. ``Production 
year'' is defined to mean the 12-month period between September 
1 and August 31 of the following year. ``Passenger motor 
vehicle'' is defined consistently with the meaning given the 
term in section 23 U.S.C. 405(f)(5).

Section 8. Authorization of appropriations

    Section 8 authorizes $5,000,000 to be appropriated to the 
Secretary for the evaluation required by section 6 and for 
research into the nature and causes of injury to children 
involved in motor vehicle crashes.

                                
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