I 

109TH CONGRESS 

1ST SESSION H. R. 2105 

To amend title 23, United States Code, relating to the use of safety belts 

and child restraint systems by children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

Mr. PALLONE introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, relating to the use 

of safety belts and child restraint systems by children, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT 

4 SYSTEMS BY CHILDREN. 

5 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

6 23, United States Code, is amended by adding at the end 

7 the following: 
2 

•HR 2105 IH 

1 ‘‘§ 165. Use of safety belts and child restraint systems 

2 by children 

3 ‘‘(a) DEFINITIONS.—In this section, the following 

4 definitions apply: 

5 ‘‘(1) CHILD SAFETY RESTRAINT LAW.—The 

6 term ‘child safety restraint law’ means a State law 

7 that prohibits the driver of a passenger motor vehi8 cle from driving the vehicle whenever there is in the 

9 vehicle a child under the age of 16 who does not 

10 have a safety belt properly fastened about the child’s 

11 body, except if the child is under the age of 9 and 

12 is properly secured in a child safety seat or other ap13 propriate restraint system in accordance with the in14 structions of the manufacturer of such seat or sys15 tem. 

16 ‘‘(2) CHILD SAFETY SEAT.—The term ‘child 

17 safety seat’ means a specially designed seating sys18 tem (including booster and child safety seats) which 

19 meets the Federal motor vehicle safety standards set 

20 forth in section 571.213 of title 49 of the Code of 

21 Federal Regulations, as such section may be amend22 ed from time to time, and which is either perma23 nently affixed to a passenger motor vehicle or is af24 fixed to a passenger motor vehicle by a safety belt 

25 or a universal attachment system. 
3 

•HR 2105 IH 

1 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi2 cle’ means a vehicle driven or drawn by mechanical 

3 power and manufactured primarily for use on public 

4 streets, roads, and highways, but does not include a 

5 vehicle operated only on a rail line. 

6 ‘‘(4) MULTIPURPOSE PASSENGER VEHICLE.— 

7 The term ‘multipurpose passenger vehicle’ means a 

8 motor vehicle with motive power (except a trailer), 

9 designed to carry not more than 10 individuals, that 

10 is constructed either on a truck chassis or with spe11 cial features for occasional off-road operation. 

12 ‘‘(5) PASSENGER CAR.—The term ‘passenger 

13 car’ means a motor vehicle with motive power (ex14 cept a multipurpose passenger vehicle, motorcycle, or 

15 trailer) designed to carry not more than 10 individ16 uals. 

17 ‘‘(6) PASSENGER MOTOR VEHICLE.—The term 

18 ‘passenger motor vehicle’ means a passenger car or 

19 a multipurpose passenger vehicle. 

20 ‘‘(7) SAFETY BELT.—The term ‘safety belt’ 

21 means— 

22 ‘‘(A) with respect to open-body passenger 

23 motor vehicles, including convertibles, an occu24 pant restraint system consisting of a lap belt or 

25 a lap belt and a detachable shoulder belt meet-
4 

•HR 2105 IH 

1 ing applicable Federal motor vehicle safety 

2 standards; and 

3 ‘‘(B) with respect to other passenger motor 

4 vehicles, an occupant restraint system con5 sisting of integrated lap and shoulder belts 

6 meeting applicable Federal motor vehicle stand7 ards. 

8 ‘‘(b) TRANSFER OF FUNDS.— 

9 ‘‘(1) FISCAL YEAR 2009.—On October 1, 2008, 

10 if a State has not enacted a child safety restraint 

11 law, the Secretary shall transfer an amount equal to 

12 4 percent of the funds apportioned to the State on 

13 that date under each of paragraphs (1), (3), and (4) 

14 of section 104(b) to the apportionment of the State 

15 under section 402 to be used to implement a state16 wide comprehensive child and other passenger pro17 tection education program to promote child and 

18 other passenger safety, including education pro19 grams about proper seating positions for children in 

20 air bag equipped motor vehicles and instruction that 

21 increases the proper use of child restraint systems. 

22 ‘‘(2) FISCAL YEAR 2010.—On October 1, 2009, 

23 if a State has not enacted a child safety restraint 

24 law, the Secretary shall transfer an amount equal to 

25 6 percent of the funds apportioned to the State on 
5 

•HR 2105 IH 

1 that date under each of paragraphs (1), (3), and (4) 

2 of section 104(b) to the apportionment of the State 

3 under section 402 to be used as described in para4 graph (1) of this subsection. 

5 ‘‘(3) FISCAL YEAR 2011.—On October 1, 2010, 

6 if a State has not enacted a child safety restraint 

7 law, the Secretary shall transfer an amount equal to 

8 8 percent of the funds apportioned to the State on 

9 that date under each of paragraphs (1), (3), and (4) 

10 of section 104(b) to the apportionment of the State 

11 under section 402 to be used as described in para12 graph (1) of this subsection. 

13 ‘‘(4) FISCAL YEAR 2012 AND THEREAFTER.—On 

14 October 1, 2011, and each October 1 thereafter, if 

15 a State has not enacted a child safety restraint law, 

16 the Secretary shall transfer an amount equal to 10 

17 percent of the funds apportioned to the State on 

18 that date under each of paragraphs (1), (3), and (4) 

19 of section 104(b) to the apportionment of the State 

20 under section 402 to be used as described in para21 graph (1) of this subsection. 

22 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

23 cost of a project carried out with funds transferred under 

24 subsection (b) shall be 100 percent. 
6 

•HR 2105 IH 

1 ‘‘(d) DERIVATION OF AMOUNT TO BE TRANS2 FERRED.—The amount to be transferred under subsection 

3 (b)(1), (b)(2), (b)(3), or (b)(4) may be derived from 1 or 

4 more of the following: 

5 ‘‘(1) The apportionment of the State under sec6 tion 104(b)(1). 

7 ‘‘(2) The apportionment of the State under sec8 tion 104(b)(3). 

9 ‘‘(3) The apportionment of the State under sec10 tion 104(b)(4). 

11 ‘‘(f) TRANSFER OF OBLIGATION AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—If the Secretary transfers 

13 under this section any funds to the apportionment of 

14 a State under section 402 for a fiscal year, the Sec15 retary shall transfer an amount, determined under 

16 paragraph (2), of obligation authority distributed for 

17 the fiscal year to the State for Federal-aid highways 

18 and highway safety construction programs for car19 rying out projects under section 402. 

20 ‘‘(2) AMOUNT.—The amount of obligation au21 thority referred to in paragraph (1) shall be deter22 mined by multiplying— 

23 ‘‘(A) the amount of funds transferred 

24 under this section to the apportionment of the 

25 State under section 402 for the fiscal year; by 
7 

•HR 2105 IH 

1 ‘‘(B) the ratio that— 

2 ‘‘(i) the amount of obligation author3 ity distributed for the fiscal year to the 

4 State for Federal-aid highways and high5 way safety construction programs; bears to 

6 ‘‘(ii) the total of the sums apportioned 

7 to the State for Federal-aid highways and 

8 highway safety construction programs (ex9 cluding sums not subject to any obligation 

10 limitation) for the fiscal year. 

11 ‘‘(g) LIMITATION ON APPLICABILITY OF OBLIGATION

12 LIMITATION.—Notwithstanding any other provision of 

13 law, no limitation on the total of obligations for highway 

14 safety programs under section 402 shall apply to funds 

15 transferred under this section to the apportionment of a 

16 State under such section.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 such subchapter is amended by adding at the end the fol19 lowing: 

‘‘165. Use of safety belts and child restraint systems by children.’’. 

Æ