[Senate Report 116-204]
[From the U.S. Government Publishing Office]
Calendar No. 404
116th Congress } { Report
SENATE
2d Session } { 116-204
_______________________________________________________________________
HELPING OVERCOME TRAUMA FOR CHILDREN ALONE IN REAR SEATS ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1601
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 13, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
first session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 404
116th Congress } { Report
SENATE
2d Session } { 116-204
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HELPING OVERCOME TRAUMA FOR CHILDREN ALONE IN REAR SEATS ACT OF 2019
_______
January 13, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1601]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1601) 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, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
The Helping Overcome Trauma for Children Alone in Rear
Seats (HOT CARS) Act of 2019 is intended to help reduce the
instances of child vehicular heatstroke-related deaths by
directing a rulemaking to require passenger vehicles to be
equipped with an alert system reminding caregivers to check the
rear seat before exiting the vehicle. This legislation also
provides for increased education efforts on the dangers of
leaving an unattended passenger in a vehicle.
Background and Needs
Heatstroke is the leading cause of non-crash, vehicle-
related deaths in children under age 15. More than 800 children
have died due to vehicular heatstroke since 1998, including
more than 17 in Mississippi.\1\ On average, there are 38
confirmed child deaths annually,\2\ and, in 2018, 54 children
died of heat-related deaths in vehicles, a record number.\3\ In
more than half of these deaths, the caregiver unknowingly left
the child in the vehicle and 28 percent were due to the child
independently accessing the vehicle.\4\ Therefore, many of
these deaths could be prevented.
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\1\Null, Jan, ``Heatstroke Deaths of Childen in Vehicles: Deaths by
State,'' Department of Meteorology and Climate Science, San Jose State
University, San Jose, California, April 20, 2019 (https://
www.noheatstroke.org/state.htm).
\2\``Heatstroke,'' Kids and Cars, April 2019 (https://
www.kidsandcars.org/how-kids-get-hurt/heat-stroke/). See also ``Child
Vehicular Heatstroke Fatalities (1990-2018),'' Kids and Cars, September
2019 (https://www.kidsandcars.org/wp-content/uploads/2019/09/
heatstroke-map.pdf) (noting that the total number of deaths listed
``should be considered an undercount of the actual number of child
vehicular heatstroke fatalities due to no official state data
collection systems'').
\3\Ibid. See also ``112 Animal Companions Endured Heat-Related
Deaths in 2018 ... That We Know Of,'' People for the Ethical Treatment
of Animals (PETA), September 25, 2019 (https://www.peta.org/features/
dogs-and-other-companion-animals-suffer-heat-related-deaths/).
\4\``Heatstroke,'' Kids and Cars, April 2019 (https://
www.kidsandcars.org/how-kids-get-hurt/heat-stroke/).
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Tragically, heatstroke can occur across the Nation and to
anyone. Research has shown that young children are
significantly more vulnerable to the increase in temperatures
when compared to adults.\5\ According to the American Academy
of Pediatrics (AAP), a child's body heats up three to five
times faster than an adult's body.\6\ Outside researchers
consulted by Consumer Reports reported the threshold for
heatstroke is when the internal body reaches 104 degrees
Fahrenheit, but a child is severely at risk of death when the
body reaches 107 degrees Fahrenheit.\7\ One study found that
within just 10 minutes the temperature in a vehicle can rise up
to 20 degrees Fahrenheit.\8\ In addition, contrary to popular
belief, cracking a window or residual cooling from air
conditioning that was previously turned on makes little to no
difference once the vehicle is turned off.\9\ Given the fast
rate of temperature increase, vehicle heatstroke can occur with
outside temperatures as low as 57 degrees.\10\ As a result,
vehicular heatstroke-related deaths have occurred in all
States, except Alaska, Vermont, and New Hampshire.\11\ While
heatstroke is not time or place specific, most hyperthermia
deaths occur during summer months when temperatures are the
highest.\12\
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\5\``Look Before You Lock: Fact Sheet,'' Kids and Cars, 2019
(http://www.kidsandcars.org/wp-content/uploads/2019/04/Heatstroke-fact-
sheet-2019.pdf).
\6\``Prevent Child Deaths in Hot Cars,'' American Academy of
Pediatrics (AAP), July 18, 2018 (https://www.healthychildren.org/
English/safety-prevention/on-the-go/Pages/Prevent-Child-Deaths-in-Hot-
Cars.aspx).
\7\``Hot Car Fatalities Are a Year-Round Threat to Children and
Pets: CR's Testing Shows It Doesn't Take Hot Weather for Kids to Wind
Up in Danger.'' Consumer Reports, July 31, 2019 (https://
www.consumerreports.org/car-safety/hot-car-fatalities-year-round-
threat-to-children-pets-heat-stroke/).
\8\Willingham, AJ., ``More Than 36 Kids Die in Hot Cars Every Year
and July Is Usually the Deadliest Month,'' CNN, July 20, 2018 (https://
www.cnn.com/2018/07/03/health/hot-car-deaths-child-charts-graphs-trnd/
index.html).
\9\``Prevent Child Deaths in Hot Cars,'' AAP, July 18, 2018
(https://www.healthychildren.org/English/safety-prevention/on-the-go/
Pages/Prevent-Child-Deaths-in-Hot-Cars.aspx).
\10\Ibid.
\11\``Child Vehicular Heatstroke Fatalities (1990-2018),'' Kids and
Cars, April 2019 (http://www.kidsandcars.org/wp-content/uploads/2019/
05/heatstroke-19-map.pdf).
\12\Willingham, AJ., ``More Than 36 Kids Die in Hot Cars Every Year
and July Is Usually the Deadliest Month,'' CNN, July 20, 2018 (https://
www.cnn.com/2018/07/03/health/hot-car-deaths-child-charts-graphs-trnd/
index.html).
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To tackle vehicle heatstroke-related deaths, NHTSA launched
its first national safety campaign entitled, ``Where's Baby?
Look Before You Lock'' in April 2012.\13\ The campaign focuses
on educating the public to the dangers of leaving children
unattended in deactivated vehicles and provides effective
preventative measures that caregivers can implement in order to
decrease incidents.\14\ NHTSA further engaged the public on
July 31, 2018, for National Heatstroke Prevention Day by
hosting a tweetup where the agency posted statistics,
prevention tips, and heatstroke awareness messages every 15
minutes on all social media platforms in order to spread the
word and remind parents about vehicular child safety.\15\
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\13\Department of Transportation, National Highway Traffic Safety
Administration, ```Where's Baby? Look Before You Lock' Campaign Warns
About the Dangers of Heatstroke for Kids in Cars,'' April 3, 2012
(https://usdotblog.typepad.com/secretarysblog/2012/04/wheres-baby-look-
before-you-lock-psa-warns-about-the-dangers-of-hyperthermia-in-
cars.html#.XREAqI5KjmE).
\14\Id.
\15\Department of Transportation, National Highway Traffic Safety
Administration, ``Consumer Advisory: Heatstroke Prevention Day--July
31,'' July 30, 2018 (https://www.nhtsa.gov/press-
releases/consumer-advisory-heatstroke-prevention-day-july-31).
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While education is important to this effort, technology
provides a much stronger solution to warn caregivers. GM,\16\
Nissan,\17\ and Hyundai/Kia\18\ vehicles deployed some systems
to alert the driver to check the back seat for remaining
passengers when the vehicle is turned off. In addition, the
European New Car Assessment Programme (Euro NCAP), a 5-star
safety rating system in Europe to assess the safety standards
of various vehicles, has included child detection systems in
its assessment process.\19\ Starting in 2022, Euro NCAP is
expected to award manufacturers that include the safety feature
in new vehicles. Despite the initial action from the industry
and international bodies, NHTSA is not expected to initiate a
rulemaking to require this technology in the near future.
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\16\``GMC Leads Industry with New Rear Seat Reminder: All-new 2017
GMC Acadia Introduces Industry-first Feature to Help Busy Drivers,''
GMC Pressroom, June 13, 2016 (https://media.gmc.com/media/us/en/gmc/
vehicles/acadia/2017.detail.html/content/Pages/news/us/en/2016/jun/
0613-rear-seat-reminder.html).
\17\Thomas, Emily A., Ph.D., ``Nissan Rear Door Alert Aims to
Prevent Child Deaths in Hot Cars: Consumer Reports' Evaluation Shows
That the New Alert Has Merit But Could Use Improvements,'' Consumer
Reports, July 31, 2018 (https://www.consumerreports.org/car-safety/
nissan-rear-door-alert-aims-to-prevent-child-deaths-in-hot-cars/).
\18\Monticello, Mike, ``2019 Hyundai Santa Fe Rear Occupant Alert
Aims to Protect Kids form Hot Cars: The Safety System Adds Ultrasonic
Motion Sensors to Detect Children Left in the Rear Seat, But Only If
Car Doors Are Locked,'' Consumer Reports, July 31, 2018 (https://
www.consumerreports.org/car-safety/hyundai-santa-fe-rear-occupant-
alert-aims-to-protect-kids-from-hot-cars/).
\19\``Euro NCAP 20/25 Roadmap: In Pursuit of Vision Zero,'' Euro
NCAP, September 2017, pg. 11 (https://cdn.euroncap.com/media/30700/
euroncap-roadmap-2025-v4.pdf).
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Summary of Provisions
S. 1601 would do the following:
Direct the Department of Transportation (DOT) to
issue a final rule requiring new passenger vehicles to
be equipped with a visual and auditory alert system to
remind caregivers to check the rear seat.
Require States to use a portion of their highway
safety program funds to educate the public on the risks
of leaving a child or unattended passenger in a
vehicle.
Require DOT to undertake a third-party study on
retrofitting existing passenger motor vehicles.
Legislative History
S. 1601 was introduced on May 22, 2019, by Senator Wicker
(for himself and Senators Blumenthal and Cantwell) and was
referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senators Schumer, McSally,
Markey, Feinstein, Smith, Gillibrand, and Brown are additional
cosponsors. On July 10, 2019, the Committee met in open
Executive Session and, by voice vote, ordered the bill to be
reported favorably without amendment.
In the 115th Congress, similar legislation, S. 1666,
Helping Overcome Trauma for Children Alone in Rear Seats Act of
2017, was introduced on July 27, 2017, by Senator Blumenthal
(for himself and Senator Franken) and referred to the Committee
on Commerce, Science and Transportation of the Senate. Senator
Wicker was an additional cosponsor. A version of that bill was
adopted by the Committee as part of the AV START Act in October
2017.
Additional similar legislation in the 115th Congress, H.R.
2801, Helping Overcome Trauma for Children Alone in Rear Seats
Act, was introduced on June 7, 2017, by Representative Tim Ryan
(for himself and Representatives King [R-NY] and Schakowsky [D-
IL]) and was referred to the Committees on Energy and Commerce,
and Transportation and Infrastructure of the House of
Representatives. There were 22 additional cosponsors. A version
of that bill was included in the SELF DRIVE Act, which passed
the House of Representatives by voice vote on September 6,
2017.
The Subcommittee on Consumer Protection and Commerce of the
Committee on Energy and Commerce of the House of
Representatives held a hearing on May 23, 2019, entitled,
``Summer Driving Dangers: Exploring Ways to Protect Drivers and
Their Families.'' This hearing discussed the technological
solutions to prevent hot car deaths and other motor vehicle
accidents.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1601 would require the National Highway Traffic Safety
Administration (NHTSA) to issue a new regulation requiring new
passenger vehicles to have a system to alert the driver to
check the backseat after the engine has been shut off. The bill
also would require NHTSA to contract with an independent third
party to complete a study on retrofitting passenger vehicles
with technology to eliminate the risk of children being
forgotten in the backseat. Using information from NHTSA, CBO
estimates implementing those provisions would require one
additional employee, several passenger vehicles for testing
purposes, other equipment, and additional funds for the third-
party study. In total, implementing the bill would cost $3
million over the 2020-2024 period, CBO estimates. Such spending
would be subject to the availability of appropriations.
S. 1601 also would require states that receive funding from
NHTSA's Highway Safety Grants Program to use a portion of those
grants to carry out public education programs on the risks of
leaving a child in a vehicle that has been turned off. Those
grants are funded by contract authority (a form of mandatory
budget authority) and distributed to the states by formula. The
bill would not authorize additional funds for those grants, and
CBO expects that implementing the new public education programs
would not significantly change the rate at which the NHTSA
grant funds are spent by the states.
S. 1601 would impose a private-sector mandate as defined in
the Unfunded Mandates Reform Act (UMRA) on manufacturers of
automobiles. CBO estimates that the cost of complying with the
mandate would exceed the annual threshold established in UMRA
($164 million in 2019, adjusted annually for inflation).
Using data on vehicle sales from the Bureau of Economic
Analysis, CBO estimates that manufacturers would need to
install alert systems in more than 16 million motor vehicles
annually. The cost of installing a system would depend on the
rule to be issued by the Secretary of Transportation, which CBO
expects would take effect in 2024. Although some auto
manufacturers are currently installing rear-seat sensors in
certain models and intend to make alert systems standard in
their 2022 and 2023 models, CBO expects most auto manufacturers
will have to develop or purchase rear-seat alert technology to
comply with the department's rule. Therefore, CBO estimates
that automobile manufacturers would incur several hundred
million dollars in costs to comply with the mandate when it
takes effect in 2024 and in each of the following four years.
The bill contains no intergovernmental mandates as defined
in UMRA.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Brandon Lever (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1601, as reported, would impose new guidelines and
requirements for passenger vehicle manufacturers and States
currently subject to the Secretary's oversight, and therefore
the number of persons covered would be consistent with existing
law.
economic impact
S. 1601 is not expected to have a negative impact on the
Nation's economy as the Committee expects any burden by the
additional requirements would be balanced by the benefits of
reducing the number of deaths and injuries due to vehicular
heatstroke.
privacy
S. 1601 is not expected to have an adverse impact on the
personal privacy of individuals.
paperwork
S. 1601 would not require new reporting requirements on
regulated entities, but would require the Secretary to
promulgate a final rule requiring passenger vehicles to be
equipped with an alert system reminding caregivers to check the
rear seat before exiting the vehicle, as well as report to
Congress on the results of a third-party study on retrofitting
existing passenger motor vehicles.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Helping Overcome Trauma for Children Alone in Rear Seats
Act of 2019'' or ``HOT CARS Act of 2019.''
Section 2. Child safety.
This section would direct the Secretary to issue a final
rule within 2 years requiring new passenger vehicles to be
equipped with a visual and auditory alert system to remind
caregivers to check the rear seat.
It also would require a portion of the States' highway
safety program funds to be allocated toward education on the
risks of leaving children unattended in deactivated motor
vehicles.
Finally, the section would require the Secretary to enter
into an agreement with an independent third-party within a
specified timeline to conduct a study on retrofitting existing
passenger motor vehicles. The Secretary would be required to
submit a report to the relevant Committees on the results of
the third-party study.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 402. Highway safety programs
(a) * * *
(l) Unattended Passengers.--
(1) In general.--Each State shall use a portion of
the amounts it receives under this section to carry out
a program to educate the public on the risks of leaving
a child or unattended passenger in a vehicle after the
vehicle motor is deactivated by the operator.
(2) Program placement.--A State does not need to
carry out the program described in paragraph (1)
through the State transportation or highway safety
office.
(m) * * *
* * * * * * *
TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 323--CONSUMER INFORMATION
Sec.
32301. Definitions.
32302. Passenger motor vehicle information.
32303. Insurance information.
32304. Passenger motor vehicle country of origin labeling.
[32304A. Consumer tire information.]
32304A. Consumer tire information and standards.
32304B. Child safety.
32305. Information and assistance from other departments, agencies, and
instrumentalities.
32306. Personnel.
32307. Investigative powers.
32308. General prohibitions, civil penalty, and enforcement.
32309. Civil penalty for labeling violations.
* * * * * * *
Sec. 32304A. Consumer tire information and standards
(a) * * *
Sec. 32304B. Child 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) Rear designated seating position.--The term
``rear designated seating position'' means designated
seating positions that are rearward of the front seat.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(b) Rulemaking.--Not later than 2 years after the date of the
enactment of the HOT CARS Act of 2019, the Secretary shall
issue a final rule requiring all new passenger motor vehicles
weighing less than 10,000 pounds gross vehicle weight to be
equipped with a system to alert the operator to check rear
designated seating positions after the vehicle engine or motor
is deactivated by the operator.
(c) Means.--The alert required under subsection (b)--
(1) shall include a distinct auditory and visual
alert, which may be combined with a haptic alert; and
(2) shall be activated when the vehicle motor is
deactivated by the operator.
(d) Phase-In.--The rule issued pursuant to subsection (b)
shall require full compliance with the rule beginning on
September 1st of the first calendar year that begins 2 years
after the date on which the final rule is issued.
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