Text: S.694 — 110th Congress (2007-2008)All Information (Except Text)

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Reported to Senate (03/13/2008)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 694 Reported in Senate (RS)]

                                                       Calendar No. 619
110th CONGRESS
  2d Session
                                 S. 694

                          [Report No. 110-275]

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2007

Mrs. Clinton (for herself, Mr. Sununu, Mr. Reed, Mr. Kerry, Mr. Durbin, 
 Mr. Nelson of Florida, Ms. Mikulski, Mr. Schumer, Mrs. Feinstein, Mr. 
Roberts, Mrs. Hutchison, Mr. Lautenberg, Mr. Feingold, Mrs. Boxer, Ms. 
 Klobuchar, Mr. Stevens, Mr. Ensign, Mr. McCain, Mr. Rockefeller, Ms. 
    Snowe, Mr. Isakson, Mr. Baucus, Mr. Tester, Mr. Whitehouse, Mr. 
 Brownback, Mr. Dorgan, Mr. Wyden, Mr. Menendez, Mr. Pryor, Mr. Obama, 
   Mr. Brown, Mr. Dodd, Mrs. Murray, Ms. Cantwell, Mr. Kennedy, Mr. 
Conrad, Mrs. McCaskill, and Mr. Specter) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             March 13, 2008

Reported by Mr. Inouye, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cameron Gulbransen Kids and 
Cars Safety Act of 2007''.</DELETED>

<DELETED>SEC. 2. RULEMAKING REGARDING CHILD SAFETY.</DELETED>

<DELETED>    (a) Power Window Safety.--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 issue regulations, 
applicable to light motor vehicles, requiring power windows and panels 
to automatically reverse direction when they detect an obstruction to 
prevent children from being trapped, injured, or killed.</DELETED>
<DELETED>    (b) Rearward Visibility.--Not later than 24 months after 
the date of the enactment of this Act, the Secretary shall issue 
regulations, applicable to light motor vehicles, requiring a rearward 
visibility performance standard that provides drivers with a means for 
detecting the presence of a person or object behind the vehicle to 
prevent death and injury resulting from backing incidents, particularly 
incidents involving small children and disabled persons.</DELETED>
<DELETED>    (c) Phase-In Period.--</DELETED>
        <DELETED>    (1) In general.--The regulations issued pursuant 
        to subsections (a) and (b) shall require--</DELETED>
                <DELETED>    (A) a phase-in period, as determined by 
                the Secretary, for compliance with the regulations, 
                which period shall commence not later than 6 months 
                after the date on which final rules are issued; 
                and</DELETED>
                <DELETED>    (B) that new light motor vehicles 
                manufactured after the date that is 
                3</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>years 
                after the issuance of the final rule shall comply with 
                such regulations.</DELETED>
        <DELETED>    (2) Phase-in priorities.--In requiring the phase-
        in of rearward visibility performance regulations under this 
        subsection, the Secretary shall consider whether to give 
        priority during the phase-in to types of light motor vehicles 
        that have a comparatively larger or longer rear blind zone. If 
        the Secretary determines that any type of light motor vehicles 
        should be given priority, the Secretary shall issue regulations 
        that specify--</DELETED>
                <DELETED>    (A) which type or types of light motor 
                vehicles shall be phased-in first; and</DELETED>
                <DELETED>    (B) the percentages in which such light 
                motor vehicles shall be phased-in.</DELETED>
<DELETED>    (d) Preventing Vehicles From Rolling Away.--</DELETED>
        <DELETED>    (1) In general.--Not later than 24 months after 
        the date of the enactment of this Act, the Secretary shall 
        issue regulations to require light motor vehicles that are 
        equipped with an automatic transmission that includes a 
        ``Park'' position to have 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''.</DELETED>
        <DELETED>    (2) Applicability.--The regulation issued under 
        paragraph (1) shall apply to light motor vehicles manufactured 
        on or after September 1, 2010.</DELETED>
        <DELETED>    (3) Publication of noncompliant vehicles.--
        </DELETED>
                <DELETED>    (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 submit to the Secretary the make and 
                model of light motor vehicles that are equipped with 
                automatic transmissions that do not comply with the 
                regulations required under paragraph (1).</DELETED>
                <DELETED>    (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 the make and 
                model of the light motor vehicles that do not comply 
                with the regulations required under paragraph (1). Any 
                vehicle not included in the publication under this 
                subparagraph will be assumed to comply with the 
                regulations issued under paragraph (1).</DELETED>
<DELETED>    (e) Database on Injuries and Deaths in Nontraffic, 
Noncrash Events.--</DELETED>
        <DELETED>    (1) In general.--Not later than 6 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 light motor 
        vehicles.</DELETED>
        <DELETED>    (2) Contents.--The database established pursuant 
        to paragraph (1) shall include information regarding--
        </DELETED>
                <DELETED>    (A) the number, types, and causes of 
                injuries and deaths resulting from the events described 
                in paragraph (1);</DELETED>
                <DELETED>    (B) the make, model, and model year of 
                light motor vehicles involved in such events; 
                and</DELETED>
                <DELETED>    (C) other variables that the Secretary 
                determines will enhance the value of the 
                database.</DELETED>
        <DELETED>    (3) Availability.--The Secretary shall make the 
        information contained in the database established pursuant to 
        paragraph (1) available to the public.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Light motor vehicle.--The term ``light motor 
        vehicle'' means a motor vehicle, other than a motorcycle, with 
        a gross vehicle weight rating of not more than 10,000 
        pounds.</DELETED>
        <DELETED>    (2) Rear blind zone.--The term ``rear blind zone'' 
        means the area behind a light motor vehicle which the driver 
        cannot see using the vehicle mirrors and windows provided as 
        original equipment.</DELETED>

<DELETED>SEC. 3. CHILD SAFETY INFORMATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 6 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--</DELETED>
        <DELETED>    (1) supplementing an existing consumer information 
        program relating to child safety; or</DELETED>
        <DELETED>    (2) creating a new consumer information program 
        relating to child safety.</DELETED>
<DELETED>    (b) Program Requirements.--In carrying out the program 
under subsection (a), the Secretary shall--</DELETED>
        <DELETED>    (1) utilize information collected under section 
        2(e) regarding nontraffic, noncrash injuries, and other 
        relevant data from private organizations, to establish 
        priorities for the program;</DELETED>
        <DELETED>    (2) address ways in which parents and caregivers 
        can reduce risks to small children arising from backover 
        incidents, hyperthermia in closed vehicles, accidental 
        actuation of power windows, and any other risks that the 
        Secretary determines should be addressed; and</DELETED>
        <DELETED>    (3) make information related to the program 
        available to the public through the Internet and other 
        means.</DELETED>

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 6 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; 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 6 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.
            Amend the title so as to read: ``A bill to direct the 
        Secretary of Transportation to issue regulations to reduce the 
        incidence of child injury and death occurring inside or outside 
        of motor vehicles, and for other purposes.''.
                                                       Calendar No. 619

110th CONGRESS

  2d Session

                                 S. 694

                          [Report No. 110-275]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                             March 13, 2008

        Reported with an amendment and an amendment to the title