Hot Cars Act of 2021
Bill: H.R.3164 | Sponsor: Rep. Ryan, Tim (D-OH)
Policy area: Transportation and Public Works

Summary:
Hot Cars Act of 2021
This bill requires safety measures in passenger cars to reduce injuries or deaths from heatstroke and other harms to occupants of unattended vehicles.
Specifically, the National Highway Traffic Safety Administration (NHTSA) must issue a motor vehicle safety standard that requires certain new passenger motor vehicles to include a system that detects and warns of the presence of an unattended occupant in the passenger compartment. The NHTSA must issue the final rule prescribing the safety standard within two years after the enactment of this bill, with full compliance with the standard required not later than two years after the rule is issued.
After the standard is issued, the Department of Transportation must periodically contract with an independent third party to study retrofitting passenger motor vehicles with technologies and products that detect and warn when there is an unattended occupant in the passenger compartment. The study must identify relevant technologies and products to retrofit vehicles and provide recommendations about testing such technologies and products. Information about the performance of the technologies and products must be published on the NHTSA's website.

To require the Secretary of Transportation to issue a rule that 
 requires 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hot Cars Act of 2021''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Children and pets left unattended in vehicles, or 
        children independently accessing unoccupied vehicles, are a 
        significant public health and safety problem.
            (2) Millions of children are transported every day in the 
        back seat of vehicles and are at risk of being unknowingly left 
        behind and dying or suffering serious injuries from heatstroke.
            (3) Data collected by KidsAndCars.org found information 
        about at least 8,000 children left alone in hot cars or as a 
        result of gaining access independently into unoccupied cars 
        between 1990 and 2020. Of those, over 990 children have been 
        killed due to heatstroke and more than 1,200 children were 
        injured.
            (4) Over the past 30 years, child hot car deaths have 
        continued to trend upwards despite widespread education 
        programs and public awareness.
            (5) Inexpensive technology is currently available to detect 
        the presence of an occupant unattended in a vehicle and engage 
        a warning.
    (b) Purpose.--The purpose of this Act is to reduce the deaths and 
injuries that result from occupants being left unattended in vehicles 
and instances in which children independently access an unoccupied 
vehicle.

SEC. 3. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.

    (a) Occupant Safety.--
            (1) In general.--Subchapter II of Chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 30129. Occupant safety
    ``(a) Definitions.--In this section:
            ``(1) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that 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 detects the presence 
of an unattended occupant in the passenger compartment of the vehicle 
and 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 vehicle of the presence 
        of an unattended occupant, which shall be combined with an 
        interior haptic warning.
            ``(2) Consideration.--In developing such warning, the 
        Secretary shall also consider including a secondary additional 
        warning to--
                    ``(A) notify--
                            ``(i) operators that are not in close 
                        proximity to the vehicle; and
                            ``(ii) emergency responders; and
                    ``(B) provide the geographical location of the 
                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 table of sections for 
        subchapter II of chapter 301 of title 49, United States Code, 
        is amended by adding at the end the following new item:

``30129. Occupant safety.''.
    (b) Study.--
            (1) Independent study.--
                    (A) Contract.--Not later than 90 days after the 
                date on which a final rule is issued pursuant to 
                section 30129(b) of title 49, United States Code, as 
                added by subsection (a)(1), and every two 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 
                        30129(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 such 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 30129(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.
            (2) Publication; public comment.--Not later than 2 years 
        after the date on which the Secretary enters into a contract 
        pursuant to paragraph (1)(A), and every two years thereafter, 
        the Secretary shall--
                    (A) publish the study required under paragraph 
                (1)(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 study 
                is published pursuant to subparagraph (A).
            (3) Consumer information.--Not later than 120 days after 
        expiration of the public comment period described under 
        paragraph (2)(B) and upon 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 (1)(B)(ii) to retrofit existing vehicles.
            (4) Submission to congress.--Upon issuance of the 
        recommendations required under paragraph (1)(B), 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 (1)(B), including any 
        public comment received under paragraph (2)(B).
            (5) Definitions.--In this subsection:
                    (A) Child restraint system.--The term ``child 
                restraint system'' has the meaning given that term in 
                section 571.213 of title 49, Code of Federal 
                Regulations (or any successor regulation).
                    (B) Independent third party.--The term 
                ``independent third party'' means a manufacturer (as 
                defined in section 30102 of title 49, Code of Federal 
                Regulations (or any successor regulation)) that does 
                not receive any direct financial assistance from an 
                entity that produces or supplies--
                            (i) equipment for the systems mandated in 
                        such section 30129; or
                            (ii) child restraint systems.
                    (C) Passenger motor vehicle.--The term ``passenger 
                motor vehicle'' has the meaning given that term in 
                section 32101 of title 49, United States Code.
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Transportation.
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