[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2214. Mr. BLUMENTHAL (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 24222 and insert the following:
SEC. 24222. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.
(a) Occupant Safety.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code (as amended by section 24208(a)), is
amended by adding at the end the following:
``Sec. 30130. Occupant safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given the term in section 32101.
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule prescribing a motor vehicle safety standard that
requires all new passenger motor vehicles with a gross
vehicle weight rating of 10,000 pounds or less to be equipped
with a system that--
``(1) detects the presence of an unattended occupant in the
passenger compartment of the vehicle; and
``(2) engages a warning to reduce death and injury
resulting from vehicular heatstroke, particularly incidents
involving children.
``(c) Limitation on Capability of Being Disabled.--The
motor vehicle safety standard prescribed under subsection (b)
shall require that the system described in that subsection
cannot be disabled, overridden, reset, or recalibrated in
such a way that the system will no longer detect the presence
of an unattended occupant in the passenger compartment of the
vehicle and engage a warning.
``(d) Means.--
``(1) In general.--The warning required under the motor
vehicle safety standard prescribed under subsection (b) shall
include a distinct auditory and visual warning to notify
individuals inside and outside of the passenger motor vehicle
of the presence of an unattended occupant, which shall be
combined with an interior haptic warning.
``(2) Consideration.--In developing the warning referred to
in paragraph (1), the Secretary shall also consider including
a secondary additional warning--
``(A) to notify--
``(i) operators that are not in close proximity to the
vehicle; and
``(ii) emergency responders; and
``(B) to provide the geographical location of the passenger
motor vehicle in a manner that allows for an emergency
response.
``(e) Compliance Deadline.--The rule issued pursuant to
subsection (b) shall require full compliance with the motor
vehicle safety standard prescribed in the rule not later than
2 years after the date on which the final rule is issued.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 301 of title 49, United States Code (as amended by
section 24208(b)), is amended by adding at the end the
following:
``30130. Occupant safety.''.
(b) Study.--
(1) Definitions.--In this subsection:
(A) Child restraint system.--The term ``child restraint
system'' has the meaning given the term in section 571.213 of
title 49, Code of Federal Regulations (or a successor
regulation).
(B) Independent third party.--The term ``independent third
party'' means a person that does not receive any direct
financial assistance from a manufacturer (as defined in
section 30102(a) of title 49, United States Code), that
produces or supplies--
(i) equipment for the systems mandated in section 30130 of
title 49, United States Code (as added by subsection (a)(1));
or
(ii) child restraint systems.
(C) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(2) Independent study.--
(A) Contract.--Not later than 90 days after the date on
which a final rule is issued pursuant to section 30130(b) of
title 49, United States Code (as added by subsection (a)(1)),
and every 2 years thereafter, the Secretary shall enter into
a contract with an independent third party to conduct the
study described under subparagraph (B).
(B) Study.--
(i) In general.--Under the contract between the Secretary
and an independent third party under subparagraph (A), the
independent third party shall carry out a study on
retrofitting passenger motor vehicles introduced into
interstate commerce before the effective date of the rule
required pursuant to section 30130(b) of title 49, United
States Code (as added by subsection (a)(1)), with
technologies and products that meet the safety need addressed
by the motor vehicle safety standard prescribed under that
section.
(ii) Elements.--In carrying out the study required under
clause (i), the independent third party shall--
(I) identify technologies and products--
(aa) manufactured for use in passenger motor vehicles
introduced into interstate commerce before the effective date
of the rule required by section 30130(b) of title 49, United
States Code (as added by subsection (a)(1)); and
(bb) that reduce death and injury resulting from vehicular
heatstroke, particularly incidents involving children; and
(II) make recommendations for manufacturers of such
technologies and products to undergo a functional safety
performance assessment to ensure that the technologies and
products perform as designed by the manufacturer under a
variety of real-world conditions.
(3) Publication; public comment.--Not later than 2 years
after the date on which the Secretary enters into a contract
under paragraph (2)(A), and every 2 years thereafter, the
Secretary shall--
(A) publish the results of the study required under
paragraph (2)(B) in the Federal Register; and
(B) provide a period for public comment of not longer than
90 days after the date on which the results of the study are
published pursuant to subparagraph (A).
(4) Consumer information.--Not later than 120 days after
expiration of the public comment period described under
paragraph (2)(B) and on review of the public comments, the
Secretary shall provide information for consumers through the
website of the National Highway Traffic Safety Administration
on the performance of the technologies and products described
in paragraph (2)(B)(ii) to retrofit existing passenger motor
vehicles.
(5) Submission to congress.--On issuance of the
recommendations required under paragraph (2)(B)(ii)(II), 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 the study and
recommendations required by paragraph (2)(B)(ii)(II),
including any public comment received under paragraph (3)(B).
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