[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[House]
[Pages H16871-H16874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CAMERON GULBRANSEN KIDS TRANSPORTATION SAFETY ACT OF 2007
Mr. RUSH. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1216) to direct the Secretary of Transportation to issue
regulations to reduce the incidence of child injury and death occurring
inside or outside of light motor vehicles, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1216
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cameron Gulbransen Kids
Transportation Safety Act of 2007'' or the ``K.T. Safety Act
of 2007''.
SEC. 2. RULEMAKING REGARDING CHILD SAFETY.
(a) Power Window Safety.--
(1) Consideration of rule.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
shall initiate a rulemaking to consider prescribing or
amending Federal motor vehicle safety standards to require
power windows and panels on motor vehicles to automatically
reverse direction when such power windows and panels detect
an obstruction to prevent children and others from being
trapped, injured, or killed.
(2) Deadline for decision.--If the Secretary determines
such safety standards are reasonable, practicable, and
appropriate, the Secretary shall prescribe, under section
30111 of title 49, United States Code, the safety standards
described in paragraph (1) not later than 30 months after the
date of enactment of this Act. If the Secretary determines
that no additional safety standards are reasonable,
practicable, and appropriate, the Secretary shall--
(A) not later than 30 months after the date of enactment of
this Act, transmit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing the reasons such standards were not prescribed;
and
(B) publish and otherwise make available to the public
through the Internet and other means (such as the ``Buying a
Safer Car''
[[Page H16872]]
brochure) information regarding which vehicles are or are not
equipped with power windows and panels that automatically
reverse direction when an obstruction is detected.
(b) Rearward Visibility.--Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
initiate a rulemaking to revise Federal Motor Vehicle Safety
Standard 111 (FMVSS 111) to expand the required field of view
to enable the driver of a motor vehicle to detect areas
behind the motor vehicle to reduce death and injury resulting
from backing incidents, particularly incidents involving
small children and disabled persons. The Secretary may
prescribe different requirements for different types of motor
vehicles to expand the required field of view to enable the
driver of a motor vehicle to detect areas behind the motor
vehicle to reduce death and injury resulting from backing
incidents, particularly incidents involving small children
and disabled persons. Such standard may be met by the
provision of additional mirrors, sensors, cameras, or other
technology to expand the driver's field of view. The
Secretary shall prescribe final standards pursuant to this
subsection not later than 36 months after the date of
enactment of this Act.
(c) Phase-In Period.--
(1) Phase-in period required.--The safety standards
prescribed pursuant to subsections (a) and (b) shall
establish a phase-in period for compliance, as determined by
the Secretary, and require full compliance with the safety
standards not later than 48 months after the date on which
the final rule is issued.
(2) Phase-in priorities.--In establishing the phase-in
period of the rearward visibility safety standards required
under subsection (b), the Secretary shall consider whether to
require the phase-in according to different types of motor
vehicles based on data demonstrating the frequency by which
various types of motor vehicles have been involved in backing
incidents resulting in injury or death. If the Secretary
determines that any type of motor vehicle should be given
priority, the Secretary shall issue regulations that
specify--
(A) which type or types of motor vehicles shall be phased-
in first; and
(B) the percentages by which such motor vehicles shall be
phased-in.
(d) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--Each motor vehicle with an automatic
transmission that includes a ``park'' position manufactured
for sale after September 1, 2010, shall be equipped with a
system that requires the service brake to be depressed before
the transmission can be shifted out of ``park''. This system
shall function in any starting system key position in which
the transmission can be shifted out of ``park''.
(2) Treatment as motor vehicle safety standard.--A
violation of paragraph (1) shall be treated as a violation of
a motor vehicle safety standard prescribed under section
30111 of title 49, United States Code, and shall be subject
to enforcement by the Secretary under chapter 301 of such
title.
(3) Publication of noncompliant vehicles.--
(A) Information submission.--Not later than 60 days after
the date of the enactment of this Act, for the current model
year and annually thereafter through 2010, each motor vehicle
manufacturer shall transmit to the Secretary the make and
model of motor vehicles with automatic transmissions that
include a ``park'' position that do not comply with the
requirements of paragraph (1).
(B) Publication.--Not later than 30 days after receiving
the information submitted under subparagraph (A), the
Secretary shall publish and otherwise make available to the
public through the Internet and other means the make and
model of the applicable motor vehicles that do not comply
with the requirements of paragraph (1). Any motor vehicle not
included in the publication under this subparagraph shall be
presumed to comply with such requirements.
(e) Definition of Motor Vehicle.--As used in this Act and
for purposes of the motor vehicle safety standards described
in subsections (a) and (b), the term ``motor vehicle'' has
the meaning given such term in section 30102(a)(6) of title
49, United States Code, except that such term shall not
include--
(1) a motorcycle or trailer (as such terms are defined in
section 571.3 of title 49, Code of Federal Regulations); or
(2) any motor vehicle that is rated at more than 10,000
pounds gross vehicular weight.
(f) Database on Injuries and Deaths in Nontraffic, Noncrash
Events.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall establish and
maintain a database of injuries and deaths in nontraffic,
noncrash events involving motor vehicles.
(2) Contents.--The database established pursuant to
paragraph (1) shall include information regarding--
(A) the number, types, and causes of injuries and deaths
resulting from the events described in paragraph (1);
(B) the make, model, and model year of motor vehicles
involved in such events, when practicable; and
(C) other variables that the Secretary determines will
enhance the value of the database.
(3) Availability.--The Secretary shall make the information
contained in the database established pursuant to paragraph
(1) available to the public through the Internet and other
means.
SEC. 3. CHILD SAFETY INFORMATION PROGRAM.
(a) In General.--Not later than 9 months after the date of
the enactment of this Act, the Secretary shall provide
information about hazards to children in nontraffic, noncrash
incident situations by--
(1) supplementing an existing consumer information program
relating to child safety; or
(2) creating a new consumer information program relating to
child safety.
(b) Program Requirements.--In carrying out the program
under subsection (a), the Secretary shall--
(1) utilize information collected pursuant to section 2(f)
regarding nontraffic, noncrash injuries, and other relevant
data the Secretary considers appropriate, to establish
priorities for the program;
(2) address ways in which parents and caregivers can reduce
risks to small children arising from back over incidents,
hyperthermia in closed motor vehicles, accidental actuation
of power windows, and any other risks the Secretary
determines should be addressed; and
(3) make information related to the program available to
the public through the Internet and other means.
SEC. 4. DEADLINES.
If the Secretary determines that the deadlines applicable
under this Act cannot be met, the Secretary shall--
(1) establish new deadlines; and
(2) notify the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of the new
deadlines and describing the reasons the deadlines specified
under this Act could not be met.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Rush) and the gentleman from Texas (Mr. Barton) each will
control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. RUSH. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RUSH. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, I want to commend my colleague and my friend from
Illinois (Ms. Schakowsky) for the bill on the floor today, H.R. 1216,
the Cameron Gulbransen Kids Transportation Safety Act of 2007. As vice
chairman of the Subcommittee on Commerce, Trade and Consumer
Protection, her leadership on consumer protection issues is highly
valued in this Congress.
I also want to commend the gentleman from New York (Mr. King) for his
bipartisan cosponsorship.
{time} 1330
Madam Speaker, Ms. Schakowsky will speak more fully on her bill, but
briefly, H.R. 1216 sets mandatory safety standards for automobiles for
nontraffic, noncrash-related accidents. Such accidents include children
being backed over by a vehicle, strangled by power windows or
inadvertently shifting a car into gear and rolling it into an accident.
H.R. 1216 is a bipartisan bill that has been negotiated with consumer
groups and the auto industry and is worthy of quick passage on the
Suspension Calendar today.
Madam Speaker, I urge a ``yes'' vote by Members of this body.
Madam Speaker, I reserve the balance of my time.
Mr. BARTON of Texas. Madam Speaker, I want to commend Chairman Rush
and Chairman Dingell for moving this legislation, commend Ms.
Schakowsky and Congressman King for their bipartisan endorsement of it.
We have had some problems with the process on this bill. We didn't
have a hearing on it. We didn't have a subcommittee markup, but we did
have the discussions. Chairman Dingell did postpone consideration of
the bill in full committee so we could have those discussions, and we
certainly support the intent of the bill, and so we certainly are
willing to endorse it and hope that it gets a unanimous vote.
Madam Speaker, with that, I reserve the balance of my time.
Mr. RUSH. Madam Speaker, I yield 5 minutes to the gentlewoman from
Illinois (Ms. Schakowsky), the author of the legislation and the Vice
Chair of the subcommittee.
Ms. SCHAKOWSKY. Madam Speaker, I thank Chairman Rush for yielding to
[[Page H16873]]
me and for your support. I also want to extend my appreciation to
Chairman Dingell whose assistance and guidance were critical in
bringing this important bill, H.R. 1216, the Cameron Gulbransen
Transportation Safety Act, to the floor today.
One of the most painful things I've been a part of as a Member of
Congress are the press conferences which come about every 6 months or
so in which parents and grandparents come to share pictures of their
children and loved ones, some of whom they have accidentally killed by
rolling over them with their vehicles. Imagine that for a moment,
particularly in this time of year, as we wish to be with those we love
the most.
I am here today because of these courageous people, driven by such
horrifying accidents. Today we can pass this bill and reduce these
unimaginably tragic and unnecessary deaths and make them a thing of the
past. At just 2 years of age, Cameron Gulbransen was tragically killed
when his father, a pediatrician from Long Island, accidentally backed
over him. This bill is a tribute to him and the hundreds of other young
children who have died.
This legislation was first introduced back in 2003 with my colleague
from New York, Congressman Peter King, whose constituent is Dr.
Gulbransen. But today I stand here with strengthened resolve. Just 2
days ago as her mother picked up snow shovels that had been left in the
driveway, Ashlynn Lauber, an 8-year-old from just outside Collinsville,
Illinois, my State, was killed when the family car rolled over her.
Unfortunately, since we first introduced H.R. 1216, well over 1,000
children have needlessly died in preventable accidents, and this year
alone 200 children have died of back-over accidents. Many children are
killed in these kinds of accidents each year without ever leaving their
driveways, suffocated by unsafe power windows, backed over by cars with
major blind spots, or hit because a car was accidentally put into
motion by a child who could not control it.
H.R. 1216 is commonsense, consensus legislation that reflects input
from the auto industry as well as child safety advocates. This
legislation will require the Secretary of Transportation to set minimum
safety standards for cars, SUVs and trucks, and to begin rule-making in
three areas: Expanding rearward visibility, enabling power windows to
automatically reverse direction when an obstruction is detected, and
requiring brake pedals to be engaged when a vehicle is not in park.
Expanding the rearward visibility standard will give drivers a better
means of detecting when small children or objects are behind their
vehicles. Some SUVs have rearward visibility so poor that up to 62
children could fit in their blind spot with the driver being none the
wiser. This provision will enable drivers to detect areas behind motor
vehicles and will help reduce deaths and injuries from backing
incidents, particularly for children and the disabled.
Instructing the Secretary to consider requiring power windows to
automatically reverse direction when an obstruction is detected will
help prevent small children from being caught in or strangled by
windows. These accidents have taken a minimum of 21 lives over the last
5 years.
And finally, requiring every vehicle's brake pedal to be engaged when
the car is shifted out of ``park'' and into another gear will prevent
anyone not intending to drive the car, such as a child who cannot
typically reach the brake pedal, from accidentally setting the car into
motion. In the past 5 years, at least 80 children have lost their lives
in this kind of accident.
Families want safe cars. They deserve these commonsense safety
features. It is time that we make sure they get them. And one of the
best parts of this bill is that it will direct the National Highway
Transportation Safety Administration to create a publicly searchable
database of nontraffic, noncrash-related motor vehicle injuries and to
establish a child safety information program to help consumers address
ways in which parents and caregivers can reduce risks to small
children.
Better design and technologies already exist, and they are getting
better and cheaper every day. Many companies already offer these added
safety features on their higher end vehicles, but protecting our
children is not a luxury to be priced out of reach for most Americans.
It is time that manufacturers include these features in every vehicle.
I'd like to publicly thank Kids and Cars and the Consumers Union for
strenuously advocating for the safety of children and for taking on the
critical problem of unsafe cars. And I, again, want to thank Chairman
Dingell, Mr. Barton and Mr. Stearns for their efforts. And I would like
to thank Jonathan Cordone and David Cavicke on the committee staff for
all their hard work on this bill. I also want to extend a special
thanks to Congressman Peter King for his leadership and resolve that
he's demonstrated over the years.
And finally, I want to thank Diane Beedle, my former legislative
director, who worked tirelessly on this issue, and the families who
have turned their tragedies into advocacy.
Mr. BARTON of Texas. Madam Speaker, I yield such time as he may
consume to the Republican cosponsor of the bill, a former chairman of
the Homeland Security Committee, the gentleman from New York (Mr.
King).
Mr. KING of New York. Madam Speaker, I thank the gentleman from Texas
for yielding, and I thank him for the support which he has given to
this legislation here today.
I also want to thank Chairman Dingell and Chairman Rush and, of
course, Congresswoman Schakowsky for the tremendous leadership that she
has shown on this issue, working in a truly bipartisan fashion and,
most importantly, getting the job done. I just want to thank her for
that.
I also want to acknowledge Senator Clinton and Senator Sununu, who
are also pursuing this legislation in the United States Senate.
But most importantly, I want to thank Dr. Greg Gulbransen and his
wife Leslie Gulbransen for coming to me almost 5 years ago after the
tragic death of their son who was killed when the family car backed
over him. I can't imagine a more horrific circumstance for a family to
go through, for parents to go through. And yet Dr. Gulbransen and Mrs.
Gulbransen, they took this tragedy and opportunity to save the lives of
other children throughout the Nation, and they have been steadfast and
they've been unyielding in their support of this legislation. And as
Congresswoman Schakowsky said, so many other parents have gone through
the agony of appearing at news conferences, of coming forward and
lending their support and their own terrible, terrible experience to
advancing this legislation.
So my heart goes out to them, but most importantly, today I thank
them for the efforts which they have given. Cameron Gulbransen was a
young man in my district who was tragically killed 5 years ago, and as
Congresswoman Schakowsky said, every year we have more than 200
children killed, 200 children killed despite the best effort of their
friends, of their neighbors. We're not talking about negligence here.
We're not talking about people who are at all uncaring. We're talking
about people who took every possible safety measure, and yet in spite
of that, these tragedies occurred.
So I'm not going to go through all the detail of the bill. I just
want to again thank Congresswoman Schakowsky for her effort, thank
Ranking Member Barton for extending me this time today, and most
importantly, thanking Dr. Gulbransen and Mrs. Gulbransen for, again,
their unyielding courage, for their dedication, and also the people on
my staff who worked on this bill.
And again, this is a great day for the children of America, a great
day for the parents of America, and it's a day that all of us will look
back on with pride and, most importantly, with thanks and gratitude for
the lives that will be saved because of that.
And with that, Madam Speaker, I urge the adoption of the legislation.
Mr. RUSH. Madam Speaker, it's my pleasure to now yield 2 minutes to
the gentleman from Michigan (Mr. Dingell), the chairman of the full
committee, my friend.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Madam Speaker, I rise in strong support of the K.T.
Safety Act of 2007. This is another example
[[Page H16874]]
of commonsense legislation, bipartisan approach to regulating an
industry and adequately protecting our people and our children.
I want to commend Representative Schakowsky and Senator Clinton for
working with me and with the able and distinguished chairman of the
subcommittee, Mr. Rush, in achieving this compromise.
I cannot praise too highly the cooperation and the assistance of our
good friends on the other side of the aisle, Ranking Members Barton and
Stearns, for their fine support and for the very cooperative way in
which they have worked with us, and I thank them and salute them for
that.
The legislation requires the Department of Transportation to issue
regulations to reduce injury and death for nontraffic accidents
involving automobiles, particularly to protect children. This is the
right thing to do, and it must be, and under this legislation will be,
implemented in a responsible manner.
The bill has the support of safety advocates, including Public
Citizen and the Advocates for Auto and Highway Safety, as well as the
automobile manufacturers.
This is an important bill for our children, including Franklin Dean
Beedle Atizado whose mother worked on this legislation.
I urge its swift passage, and I do again commend its author,
Representative Schakowsky, for her remarkable leadership in this
matter.
Mr. BARTON of Texas. Madam Speaker, I yield 3 minutes to the
gentleman from Georgia (Mr. Gingrey).
Mr. GINGREY. Madam Speaker, I thank the gentleman for yielding, and
this issue is so important, H.R. 1216, and I certainly rise to support
it.
Madam Speaker, I thank Ranking Member Barton from Texas and Chairman
Dingell, chairman of the Energy and Commerce Committee, Mr. Rush and
others for bringing it forward.
Madam Speaker, when I was in the Georgia general assembly serving in
the State senate several years back, I became so involved in teen
driving issues. I was an OB/GYN physician, and some of the youngsters
that I had delivered, all of the sudden, they were 15, 16 years old,
and some of them killed tragically in automobile accidents just simply
because they weren't safe. They didn't have the proper training, and so
these issues are so hugely important.
I became aware of this bill when a couple from my district came to me
in Washington several months ago, and their son, their 4-year-old son,
had been tragically killed by a vehicle backing over him. And you know,
you can't bring these lives back, of course we can't, but this kind of
legislation and bringing this kind of safety to help prevent maybe my
grandchildren, somebody else's child from going through a tragic
situation like that, from which the family never recovers.
So, again, to be here today to offer a few words of support for H.R.
1216, the things like automatic power window reversal, rearward
visibility, this bill addresses safety risks which have already
resulted in the deaths of so many children in this country. So we can't
bring them back, but we can help protect our young people in the
future, and I strongly support it.
Mr. RUSH. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BARTON of Texas. Madam Speaker, I have no more speakers. I urge
the adoption of the bill, and I yield back the balance of our time,
also.
{time} 1345
The SPEAKER pro tempore (Ms. Lee). The question is on the motion
offered by the gentleman from Illinois (Mr. Rush) that the House
suspend the rules and pass the bill, H.R. 1216, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________