[Congressional Record (Bound Edition), Volume 153 (2007), Part 27]
[House]
[Pages 36225-36228]
[From the U.S. 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'' 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.

[[Page 36226]]

       (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 
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

[[Page 36227]]

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. Madam Speaker, I rise in strong support of the K.T. 
Safety Act of 2007. This is another example 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

[[Page 36228]]

(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.

                          ____________________