S 2950 RS

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2003, 2004, and 2005, and for other purposes.

September 19, 2002

Mr. HOLLINGS (for himself, Mr. MCCAIN, Mr. ROCKEFELLER, Mrs. HUTCHISON, Mr. BREAUX, and Mr. SMITH of Oregon) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

October 10, 2002

Reported by Mr. HOLLINGS, with amendments

[Omit the part struck through and insert the part printed in italic]

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2003, 2004, and 2005, and for other purposes.

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

TITLE I--NTSB AUTHORIZATION

[Struck out->] SECTION 1. [<-Struck out] SEC. 101. SHORT TITLE.

This [Struck out->] Act [<-Struck out] title may be cited as the `National Transportation Safety Board Reauthorization Act of 2002'.

SEC. [Struck out->] 2. [<-Struck out] 102. AUTHORIZATION OF APPROPRIATIONS.

(a) FISCAL YEARS 2003-2005- Section 1118(a) of title 49, United States Code, is amended--

(1) by striking `and'; and

(2) by striking `such sums to' and inserting the following: `$73,325,000 for fiscal year 2003, $84,999,000 for fiscal year 2004, and $89,687,000 for fiscal year 2005. Such sums shall'.

(b) EMERGENCY FUND- Section 1118(b) of such title is amended by striking the second sentence and inserting the following: `In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $3,000,000.'.

(c) NTSB ACADEMY- Section 1118 of such title is amended by adding at the end the following:

`(c) ACADEMY-

`(1) AUTHORIZATION- There are authorized to be appropriated to the Board for necessary expenses of the National Transportation Safety Board Academy, not otherwise provided for, $3,347,000 for fiscal year 2003, $4,896,000 for fiscal year 2004, and $4,995,000 for fiscal year 2005. Such sums shall remain available until expended.

`(2) FEES- The Board may impose and collect such fees as it determines to be appropriate for services provided by or through the Academy.

`(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section 3302 of title 31, any fee collected under this paragraph--

`(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

`(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

`(C) shall remain available until expended.

`(4) REFUNDS- The Board may refund any fee paid by mistake or any amount paid in excess of that required.'.

(d) REPORT ON ACADEMY OPERATIONS- The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.

SEC. [Struck out->] 3. [<-Struck out] 103. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.

(a) RELINQUISHMENT OF INVESTIGATIVE PRIORITY- Section 1136 of title 49, United States Code, is amended by adding at the end the following:

`(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY-

`(1) GENERAL RULE- This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.

`(2) BOARD ASSISTANCE- If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.'.

(b) REVISION OF MOU- Not later than 1 year after the date of enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. [Struck out->] 4. [<-Struck out] 104. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS SERVICES.

Section 1113(b) of title 49, United States Code, is amended--

(1) by striking `Statutes;' in paragraph (1)(B) and inserting `Statutes, and, for investigations conducted under section 1131, enter into such agreements or contracts without regard to any other provision of law requiring competition if necessary to expedite the investigation;'; and

(2) by adding at the end the following:

`(3) The Board, as a component of its annual report under section 1117, shall include an enumeration of each contract for $25,000 or more executed under this section during the preceding calendar year.'.

TITLE II--CHILD PASSENGER SAFETY

SEC. 201. SHORT TITLE.

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

SEC. 202. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR VEHICLES.

(a) IN GENERAL- Not later than 12 months after the date of the enactment of this title, the Secretary of Transportation 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 40 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 develop a solution for children weighing more than 40 pounds who 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 Regulations, 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. 203. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-YEAR OLD CHILD.

Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the current schedule and status of activities of the Department of Transportation to develop, evaluate, and certify a commercially available dummy that simulates a 10-year old child for use in testing the effectiveness of child restraints used in passenger motor vehicles.

SEC. 204. 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 of Transportation 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.

(c) REPORT ON DETERMINATION TO EXCLUDE-

(1) REQUIREMENT- If the Secretary determines under subsection (a)(1) that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of motor vehicle, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report specifying the reasons for the determination.

(2) DEADLINE- The report under paragraph (1) shall be submitted, if at all, not later than 30 days after the date on which the Secretary issues a final rule under subsection (a).

SEC. 205. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION EDUCATION GRANTS PROGRAM.

Section 2003(b)(7) of the Transportation Equity Act for the 21st Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking `and 2001.' and inserting `through 2004.'

SEC. 206. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS.

(a) IN GENERAL- Chapter 4 of title 23, United States Code, is amended by adding at the end the following new section:

`Sec. 412. Grant program for improving child passenger safety programs

`(a) STANDARDS AND REQUIREMENTS REGARDING CHILD RESTRAINT LAWS- Not later than October 1, 2003, 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 Anton's Law.

`(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 Anton's Law 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.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 411 the following new item:

`412. Grant program for improving child passenger safety programs.'.

SEC. 207. DEFINITIONS.

In this Act:

(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. 208. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this Act, including the making of grants under section 412 of title 23, United States Code, as added by section 206.

Calendar No. 699

To amend title 49, United States Code, to authorize appropriations for the National Transportatin Safety Board for fiscal years 2003, 2004, and 2005, and for other purposes.

October 10, 2002

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