S.Amdt. 2214Senate117th Congress (2021-2023)2nd degree
S.Amdt. 2214
Sponsored by
Sen. Richard Blumenthal (D-CT)
Submitted August 2, 2021
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Senate amendment submitted
August 2, 2021
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Submitted
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). ______