A bill to amend title 23, United States Code, to promote the use of safety belts and child restraint systems by children, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Passenger Safety Act''.

SEC. 2. 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:
``Sec. 165. Use of safety belts and child restraint systems by children
    ``(a) Definitions.--In this section:
            ``(1) Child safety restraint law.--The term `child safety 
        restraint law' means a State law that prohibits the driver of a 
        passenger motor vehicle from driving the vehicle when there is 
        in the vehicle a child under the age of 16 who does not have a 
        safety belt properly fastened around the child's body, except 
        in a case in which the child is under the age of 9 and is 
        properly secured in a child safety seat or other appropriate 
        restraint system in accordance with the instructions of the 
        manufacturer of the seat or system.
            ``(2) Child safety seat.--The term `child safety seat' 
        means a specially designed seating system (including a booster 
        seat) that--
                    ``(A) meets the Federal motor vehicle safety 
                standards set forth in section 571.213 of title 49, 
                Code of Federal Regulations (or a successor 
                regulation); and
                    ``(B) is permanently affixed to a passenger motor 
                vehicle or is affixed to a passenger motor vehicle by a 
                safety belt or a universal attachment system.
            ``(3) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways, but does not include a 
        vehicle operated only on a rail.
            ``(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 on a truck chassis or 
        with special features for occasional off-road operation.
            ``(5) Passenger car.--The term `passenger car' means a 
        motor vehicle with motive power (except a multipurpose 
        passenger vehicle, motorcycle, or trailer) designed to carry 
        not more than 10 individuals.
            ``(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 any open-body passenger motor 
                vehicle, including any convertible, an occupant 
                restraint system consisting of a lap belt or a lap belt 
                and a detachable shoulder belt meeting applicable 
                Federal motor vehicle safety standards; and
                    ``(B) with respect to any other passenger motor 
                vehicle, an occupant restraint system consisting of 
                integrated lap and shoulder belts meeting applicable 
                Federal motor vehicle safety standards.
    ``(b) Transfer of Funds.--
            ``(1) Fiscal year 2005.--
                    ``(A) In general.--On October 1, 2004, 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 statewide comprehensive 
                child and other passenger protection education program 
                to promote child and other passenger safety.
                    ``(B) Elements of program.--An education program 
                under subparagraph (A) shall include--
                            ``(i) instruction concerning proper seating 
                        positions for children in airbag-equipped motor 
                        vehicles; and
                            ``(ii) instruction designed to increase the 
                        proper use of child restraint systems.
            ``(2) Fiscal year 2006.--On October 1, 2005, 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 paragraph (1).
            ``(3) Fiscal year 2007.--On October 1, 2006, 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 paragraph (1).
            ``(4) Fiscal year 2008 and thereafter.--On October 1, 2007, 
        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 paragraph (1).
    ``(c) Federal Share.--The Federal share of the cost of a project 
carried out with funds transferred under subsection (b) shall be 100 
percent.
    ``(d) Derivation of Amount To Be Transferred.--An amount to be 
transferred under subsection (b) may be derived from 1 or more of the 
following:
            ``(1) The apportionment of the State under section 
        104(b)(1).
            ``(2) The apportionment of the State under section 
        104(b)(3).
            ``(3) The apportionment of the State under section 
        104(b)(4).
    ``(e) Transfer of Obligation Authority.--
            ``(1) In general.--If the Secretary transfers under 
        subsection (b) any funds to the apportionment of a State under 
        section 402 for a fiscal year, the Secretary shall transfer an 
        amount, determined under paragraph (2), of obligation authority 
        distributed for the fiscal year to the State for Federal-aid 
        highways and highway safety construction programs for carrying 
        out projects under section 402.
            ``(2) Amount.--The amount of obligation authority referred 
        to in paragraph (1) shall be determined by multiplying--
                    ``(A) the amount of funds transferred under 
                subsection (b) to the apportionment of the State under 
                section 402 for the fiscal year; by
                    ``(B) the ratio that--
                            ``(i) the amount of obligation authority 
                        distributed for the fiscal year to the State 
                        for Federal-aid highways and highway safety 
                        construction programs; bears to
                            ``(ii) the total of the sums apportioned to 
                        the State for Federal-aid highways and highway 
                        safety construction programs (excluding sums 
                        not subject to any obligation limitation) for 
                        the fiscal year.
    ``(f) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total 
of obligations for highway safety programs under section 402 shall 
apply to funds transferred under this section to the apportionment of a 
State under section 402.''.
    (b) Conforming Amendment.--The analysis for 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.''.

Summary: Child Passenger Safety Act - Requires the Secretary of Transportation, if by October 1 of years beginning in 2004 a State has not enacted a child safety restraint law, to transfer specified percentages of Federal-aid highway funds from specified State apportionments to the apportionment for highway safety, to be used to implement a statewide comprehensive child and other passenger protection education program. Requires such a program to include instruction concerning proper seating positions for children in air bag equipped motor vehicles and instruction designed to increase the proper use of child restraint systems. Defines a "child safety restraint law" as one that prohibits driving a motor vehicle if a passenger under age 16 is not properly secured by a safety belt, unless the passenger is under age nine and is properly secured in a child safety seat.