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[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.

                                  
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