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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT 
SYSTEMS BY CHILDREN. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following:
‘‘§ 165. Use of safety belts and child restraint systems 
by children 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CHILD
SAFETY
RESTRAINT
LAW.—The 
term ‘child safety restraint law’ means a State law 
that prohibits the driver of a passenger motor vehi-
cle from driving the vehicle whenever there is in the 
vehicle a child under the age of 16 who does not 
have a safety belt properly fastened about the child’s 
body, except if the child is under the age of 9 and 
is properly secured in a child safety seat or other ap-
propriate restraint system in accordance with the in-
structions of the manufacturer of such seat or sys-
tem. 
‘‘(2) CHILD
SAFETY
SEAT.—The term ‘child 
safety seat’ means a specially designed seating sys-
tem (including booster and child safety seats) which 
meets the Federal motor vehicle safety standards set 
forth in section 571.213 of title 49 of the Code of 
Federal Regulations, as such section may be amend-
ed from time to time, and which is either perma-
nently affixed to a passenger motor vehicle or is af-
fixed to a passenger motor vehicle by a safety belt 
or a universal attachment system.
‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by mechanical 
power and manufactured primarily for use on public 
streets, roads, and highways, but does not include a 
vehicle operated only on a rail line. 
‘‘(4) MULTIPURPOSE
PASSENGER
VEHICLE.— 
The term ‘multipurpose passenger vehicle’ means a 
motor vehicle with motive power (except a trailer), 
designed to carry not more than 10 individuals, that 
is constructed either on a truck chassis or with spe-
cial features for occasional off-road operation. 
‘‘(5) PASSENGER
CAR.—The term ‘passenger 
car’ means a motor vehicle with motive power (ex-
cept a multipurpose passenger vehicle, motorcycle, or 
trailer) designed to carry not more than 10 individ-
uals. 
‘‘(6) PASSENGER MOTOR VEHICLE.—The term 
‘passenger motor vehicle’ means a passenger car or 
a multipurpose passenger vehicle. 
‘‘(7) SAFETY
BELT.—The term ‘safety belt’ 
means— 
‘‘(A) with respect to open-body passenger 
motor vehicles, including convertibles, an occu-
pant restraint system consisting of a lap belt or 
a lap belt and a detachable shoulder belt meet-
ing applicable Federal motor vehicle safety 
standards; and 
‘‘(B) with respect to other passenger motor 
vehicles, an occupant restraint system con-
sisting of integrated lap and shoulder belts 
meeting applicable Federal motor vehicle stand-
ards. 
‘‘(b) TRANSFER OF FUNDS.— 
‘‘(1) FISCAL YEAR 2009.—On October 1, 2008, 
if a State has not enacted a child safety restraint 
law, the Secretary shall transfer an amount equal to 
4 percent of the funds apportioned to the State on 
that date under each of paragraphs (1), (3), and (4) 
of section 104(b) to the apportionment of the State 
under section 402 to be used to implement a state-
wide comprehensive child and other passenger pro-
tection education program to promote child and 
other passenger safety, including education pro-
grams about proper seating positions for children in 
air bag equipped motor vehicles and instruction that 
increases the proper use of child restraint systems. 
‘‘(2) FISCAL YEAR 2010.—On October 1, 2009, 
if a State has not enacted a child safety restraint 
law, the Secretary shall transfer an amount equal to 
6 percent of the funds apportioned to the State on
that date under each of paragraphs (1), (3), and (4) 
of section 104(b) to the apportionment of the State 
under section 402 to be used as described in para-
graph (1) of this subsection. 
‘‘(3) FISCAL YEAR 2011.—On October 1, 2010, 
if a State has not enacted a child safety restraint 
law, the Secretary shall transfer an amount equal to 
8 percent of the funds apportioned to the State on 
that date under each of paragraphs (1), (3), and (4) 
of section 104(b) to the apportionment of the State 
under section 402 to be used as described in para-
graph (1) of this subsection. 
‘‘(4) FISCAL YEAR 2012 AND THEREAFTER.—On 
October 1, 2011, and each October 1 thereafter, if 
a State has not enacted a child safety restraint law, 
the Secretary shall transfer an amount equal to 10 
percent of the funds apportioned to the State on 
that date under each of paragraphs (1), (3), and (4) 
of section 104(b) to the apportionment of the State 
under section 402 to be used as described in para-
graph (1) of this subsection. 
‘‘(c) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out with funds transferred under 
subsection (b) shall be 100 percent.