HOT CARS Act of 2019

II Calendar No. 404 116TH CONGRESS 2D SESSION S. 1601 [Report No. 116–204] To direct the Secretary of Transportation to issue a rule requiring all new passenger motor vehicles to be equipped with a child safety alert system, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 22, 2019 Mr. WICKER (for himself, Mr. BLUMENTHAL, Ms. CANTWELL, Mr. SCHUMER, Ms. MCSALLY, Mr. MARKEY, Mrs. FEINSTEIN, Ms. SMITH, Mrs. GILLI- BRAND, Mr. BROWN, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation JANUARY 13, 2020 Reported by Mr. WICKER, without amendment A BILL To direct the Secretary of Transportation to issue a rule requiring all new passenger motor vehicles to be equipped with a child safety alert system, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1601 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Helping Overcome 2 Trauma for Children Alone in Rear Seats Act of 2019’’ 3 or the ‘‘HOT CARS Act of 2019’’. 4 SEC. 2. CHILD SAFETY. 5 (a) AMENDMENT.— 6 (1) IN GENERAL.—Chapter 323 of title 49, 7 United States Code, is amended by adding after sec- 8 tion 32304A the following: 9 ‘‘§ 32304B. Child safety 10 ‘‘(a) DEFINITIONS.—In this section: 11 ‘‘(1) PASSENGER MOTOR VEHICLE.—The term 12 ‘passenger motor vehicle’ has the meaning given that 13 term in section 32101. 14 ‘‘(2) REAR DESIGNATED SEATING POSITION.— 15 The term ‘rear designated seating position’ means 16 designated seating positions that are rearward of the 17 front seat. 18 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 19 the Secretary of Transportation. 20 ‘‘(b) RULEMAKING.—Not later than 2 years after the 21 date of the enactment of the HOT CARS Act of 2019, 22 the Secretary shall issue a final rule requiring all new pas- 23 senger motor vehicles weighing less than 10,000 pounds 24 gross vehicle weight to be equipped with a system to alert 25 the operator to check rear designated seating positions 26 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1601 RS after the vehicle engine or motor is deactivated by the op- 1 erator. 2 ‘‘(c) MEANS.—The alert required under subsection 3 (b)— 4 ‘‘(1) shall include a distinct auditory and visual 5 alert, which may be combined with a haptic alert; 6 and 7 ‘‘(2) shall be activated when the vehicle motor 8 is deactivated by the operator. 9 ‘‘(d) PHASE-IN.—The rule issued pursuant to sub- 10 section (b) shall require full compliance with the rule be- 11 ginning on September 1st of the first calendar year that 12 begins 2 years after the date on which the final rule is 13 issued.’’. 14 (2) CLERICAL AMENDMENT.—The analysis for 15 chapter 323 of title 49, United States Code, is 16 amended by striking the item relating to section 17 32304A and inserting the following: 18 ‘‘32304A. Consumer tire information and standards. ‘‘32304B. Child safety.’’. (b) AWARENESS OF CHILDREN IN MOTOR VEHI- 19 CLES.—Section 402 of title 23, United States Code, is 20 amended by inserting after subsection (k) the following: 21 ‘‘(l) UNATTENDED PASSENGERS.— 22 ‘‘(1) IN GENERAL.—Each State shall use a por- 23 tion of the amounts it receives under this section to 24 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1601 RS carry out a program to educate the public on the 1 risks of leaving a child or unattended passenger in 2 a vehicle after the vehicle motor is deactivated by 3 the operator. 4 ‘‘(2) PROGRAM PLACEMENT.—A State does not 5 need to carry out the program described in para- 6 graph (1) through the State transportation or high- 7 way safety office.’’. 8 (c) STUDY AND REPORT.— 9 (1) INDEPENDENT STUDY.— 10 (A) AGREEMENT.— 11 (i) IN GENERAL.—The Secretary of 12 Transportation shall enter into an agree- 13 ment or a contract with an independent 14 third-party that does not have any finan- 15 cial or contractual ties with passenger 16 motor vehicle manufacturers or technology 17 companies producing child reminder alert 18 systems to perform the services under this 19 paragraph. 20 (ii) TIMING.—The Secretary shall 21 enter into the agreement or contract de- 22 scribed in clause (i) not later than the date 23 that the Secretary determines is the latest 24 date by which completion of the services 25 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1601 RS under this paragraph will allow the Sec- 1 retary enough time to prepare and submit 2 the study required under paragraph (2) in 3 accordance with such paragraph. 4 (B) INDEPENDENT STUDY.— 5 (i) IN GENERAL.—Under an agree- 6 ment between the Secretary and an inde- 7 pendent third-party under this paragraph, 8 the independent third-party shall carry out 9 a study on retrofitting existing passenger 10 motor vehicles with technology to address 11 the problem of children left in rear des- 12 ignated seating positions of motor vehicles 13 after the motor vehicles have been deacti- 14 vated by the operator of the vehicle. 15 (ii) ELEMENTS.—In carrying out the 16 study required under clause (i), the inde- 17 pendent third-party shall— 18 (I) survey and evaluate a variety 19 of methods used by current and 20 emerging aftermarket technology or 21 products to solve the problem of chil- 22 dren being left in a rear designated 23 seating position after the vehicle 24 motor is deactivated by the operator; 25 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1601 RS (II) make recommendations for 1 manufacturers of such technology or 2 products to undergo a functional safe- 3 ty performance to ensure that the 4 products perform as designed by the 5 manufacturer under a variety of real 6 world conditions; and 7 (III) provide recommendations 8 for consumers on how to select such 9 technology or products in order to ret- 10 rofit existing vehicles. 11 (2) REPORT.—During the 180-day period be- 12 ginning on the date on which the Secretary of 13 Transportation issues the final rule required under 14 section 32304B(b) of title 49, United States Code, 15 as added by subsection (a)(1), the Secretary shall 16 submit the results of the study carried out under 17 paragraph (1) to the Committee on Commerce, 18 Science, and Transportation of the Senate and the 19 Committee on Energy and Commerce of the House 20 of Representatives. 21 VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 404 116TH CONGRESS 2D SESSION S. 1601 [Report No. 116–204] A BILL To direct the Secretary of Transportation to issue a rule requiring all new passenger motor vehicles to be equipped with a child safety alert system, and for other purposes. JANUARY 13, 2020 Reported without amendment VerDate Sep 11 2014 22:08 Jan 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1601.RS S1601 pamtmann on DSKBC07HB2PROD with BILLS