[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 161 Reported in Senate (RS)]
<DOC>
Calendar No. 141
119th CONGRESS
1st Session
S. 161
[Report No. 119-56]
To require the Secretary of Transportation to issue rules relating to
the testing procedures used under the New Car Assessment Program of the
National Highway Traffic Safety Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 2025
Mrs. Fischer (for herself, Mrs. Murray, Mrs. Blackburn, Ms. Duckworth,
Ms. Collins, Mr. Welch, Mrs. Capito, Mr. Schatz, Mrs. Britt, Mr.
Hickenlooper, Ms. Rosen, and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
July 31, 2025
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue rules relating to
the testing procedures used under the New Car Assessment Program of the
National Highway Traffic Safety Administration, 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 ``She Develops Regulations In
Vehicle Equality and Safety Act'' or the ``She DRIVES Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Crashworthiness.--The term ``crashworthiness''
has the meaning given the term in section 32301 of title 49,
United States Code.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED> (3) Testing device.--The term ``testing device''
means a testing device used for compliance testing of motor
vehicles and motor vehicle equipment with respect to Federal
motor vehicle safety standards that is described in part 572 of
title 49, Code of Federal Regulations (or successor
regulations).</DELETED>
<DELETED>SEC. 3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS
UPDATES.</DELETED>
<DELETED> (a) Front Impacts.--</DELETED>
<DELETED> (1) In general.--Not later than 15 days after the
date of enactment of this Act, the Secretary shall revise parts
571 and 572 of title 49, Code of Federal Regulations (or
successor regulations), to include the following:</DELETED>
<DELETED> (A) 50th percentile adult male Test Device
for Human Occupant Restraint (THOR) frontal impact
testing device.</DELETED>
<DELETED> (B) 5th percentile adult female Test
Device for Human Occupant Restraint (THOR) front impact
testing device.</DELETED>
<DELETED> (2) Front impact final rules.--</DELETED>
<DELETED> (A) In general.--</DELETED>
<DELETED> (i) THOR-50M.--Not later than 180
days after the date of enactment of this Act,
the Secretary shall issue a final rule to
require the use of the testing device described
in paragraph (1)(A) into parts 571 and 572 of
title 49, Code of Federal Regulations (or
successor regulations).</DELETED>
<DELETED> (ii) THOR-05F.--</DELETED>
<DELETED> (I) Proposed rulemaking.--
Not later than 60 days after the date
of enactment of this Act, the Secretary
shall issue a notice of proposed
rulemaking to require the use of the
testing device described in paragraph
(1)(B) into parts 571 and 572 of title
49, Code of Federal Regulations (or
successor regulations).</DELETED>
<DELETED> (II) Final rule.--Not
later than 120 days after the date of
enactment of this Act, the Secretary
shall issue a final rule to require the
use of the testing device described in
paragraph (1)(B) into parts 571 and 572
of title 49, Code of Federal
Regulations (or successor
regulations).</DELETED>
<DELETED> (B) Requirements.--In issuing the final
rules under clauses (i) and (ii)(II) of subparagraph
(A), the Secretary shall--</DELETED>
<DELETED> (i) establish or update the injury
criteria, including the head, neck, chest,
abdomen, pelvis, upper leg, and lower leg
injury criteria, for the testing devices
described in subparagraphs (A) and (B) of
paragraph (1) based on real world injuries and
the greatest potential to increase safety;
and</DELETED>
<DELETED> (ii) establish crashworthiness
frontal impact tests with those testing devices
for adult female occupants in all designated
front seating positions tested, as of the date
of enactment of this Act, for adult male
occupants.</DELETED>
<DELETED> (C) New car assessment program update.--
</DELETED>
<DELETED> (i) In general.--The Secretary
shall promulgate a final decision notice to
update the testing procedures used to test the
crashworthiness of passenger motor vehicles
under the New Car Assessment Program of the
National Highway Traffic Safety Administration
to require the use of the testing devices
described in subparagraphs (A) and (B) of
paragraph (1).</DELETED>
<DELETED> (ii) Timing.--</DELETED>
<DELETED> (I) In general.--The final
decision notice required under clause
(i) shall be promulgated concurrently
with the issuance of the final rule
required under subparagraph (A)(i) if
the Secretary determines that
promulgating the final decision notice
concurrently with the final rule
required under that subparagraph does
not delay issuance of that final
rule.</DELETED>
<DELETED> (II) Delay.--If the
Secretary determines under subclause
(I) that promulgating the final
decision notice concurrently with the
final rule required under subparagraph
(A)(i) would delay the issuance of that
final rule, the Secretary shall issue
that final rule before promulgating the
final decision notice required under
this subparagraph.</DELETED>
<DELETED> (b) Side Impacts.--</DELETED>
<DELETED> (1) In general.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall revise
parts 571 and 572 of title 49, Code of Federal Regulations (or
successor regulations), to include the following:</DELETED>
<DELETED> (A) 50th percentile adult male Worldwide
Harmonized Side Impact Dummy side impact testing
device.</DELETED>
<DELETED> (B) 5th percentile adult female Worldwide
Harmonized Side Impact Dummy side impact testing
device.</DELETED>
<DELETED> (2) Side impact final rule.--</DELETED>
<DELETED> (A) In general.--</DELETED>
<DELETED> (i) Proposed rulemaking.--Not
later than 2 years after the date of enactment
of this Act, the Secretary shall issue a notice
of proposed rulemaking to require the use of
the testing devices described in subparagraphs
(A) and (B) of paragraph (1) into parts 571 and
572 of title 49, Code of Federal Regulations
(or successor regulations).</DELETED>
<DELETED> (ii) Final rule.--Not later than
30 months after the date of enactment of this
Act, the Secretary shall issue a final rule to
require the use of the testing devices
described in subparagraphs (A) and (B) of
paragraph (1) into parts 571 and 572 of title
49, Code of Federal Regulations (or successor
regulations).</DELETED>
<DELETED> (B) Requirements.--In issuing the final
rule under subparagraph (A)(ii), the Secretary shall--
</DELETED>
<DELETED> (i) establish or update the injury
criteria, including the head, neck, chest,
abdomen, pelvis, and upper leg criteria, for
the testing devices described in subparagraphs
(A) and (B) of paragraph (1) based on real
world injuries and the greatest potential to
increase safety; and</DELETED>
<DELETED> (ii) establish front seat
crashworthiness side impact tests with those
testing devices for adult female occupants in
all designated front seating positions tested,
as of the date of enactment of this Act, for
adult male occupants.</DELETED>
<DELETED> (C) New car assessment program update.--
</DELETED>
<DELETED> (i) In general.--The Secretary
shall promulgate a final decision notice to
update the testing procedures used to test the
crashworthiness of passenger motor vehicles
under the New Car Assessment Program of the
National Highway Traffic Safety Administration
to require the use of the testing devices
described in subparagraphs (A) and (B) of
paragraph (1).</DELETED>
<DELETED> (ii) Timing.--</DELETED>
<DELETED> (I) In general.--The final
decision notice required under clause
(i) shall be promulgated concurrently
with the issuance of the final rule
required under subparagraph (A)(ii) if
the Secretary determines that
promulgating the final decision notice
concurrently with the final rule
required under that subparagraph does
not delay issuance of that final
rule.</DELETED>
<DELETED> (II) Delay.--If the
Secretary determines under subclause
(I) that promulgating the final
decision notice concurrently with the
final rule required under subparagraph
(A)(ii) would delay the issuance of
that final rule, the Secretary shall
issue that final rule before
promulgating the final decision notice
required under this
subparagraph.</DELETED>
<DELETED>SEC. 4. TESTING DEVICES ROADMAP.</DELETED>
<DELETED> (a) Initial Report.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, 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 a report that--</DELETED>
<DELETED> (A) identifies timelines for the Secretary
to incorporate testing devices, other than the testing
devices described in subparagraphs (A) and (B) of
section 3(a)(1) and subparagraphs (A) and (B) of
section 3(b)(1), that the Secretary is researching, as
of the date of enactment of this Act, into the
regulations contained in parts 571 and 572 of title 49,
Code of Federal Regulations (or successor
regulations);</DELETED>
<DELETED> (B) identifies testing devices used for
similar crashworthiness standards in other countries
that are more advanced than the testing devices
required or being researched by the Secretary;
and</DELETED>
<DELETED> (C) subject to paragraph (2), describes a
process for the Secretary to update the testing devices
required in the United States under regulations in
effect on the date of enactment of this Act, including
whether the Secretary can adopt more advanced testing
devices already used for compliance in other countries,
such as testing devices in use or being considered as
part of the European New Car Assessment
Programme.</DELETED>
<DELETED> (2) No update needed.--If the Secretary determines
that testing devices used in the United States as of the date
of enactment of this Act do not need to be updated, the
Secretary shall include in the report required under paragraph
(1) a description for why the Secretary believes those testing
devices do not need to be updated, including by providing a
description for each testing device described in part 572 of
title 49, Code of Federal Regulations (or successor
regulations), that the Secretary determines does not need to be
updated.</DELETED>
<DELETED> (b) Follow-Up Report.--Not later than 5 years after the
date on which the Secretary submits the report required under
subsection (a), 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 a report that--
</DELETED>
<DELETED> (1) describes whether the Secretary has met the
timelines described in subsection (a)(1)(A); and</DELETED>
<DELETED> (2) identifies any new testing devices used in
other countries that are more advanced than the testing devices
required or being research by the Secretary as of the date of
enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``She Develops Regulations In Vehicle
Equality and Safety Act'' or the ``She DRIVES Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Crashworthiness.--The term ``crashworthiness'' has the
meaning given the term in section 32301 of title 49, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(3) Testing device.--The term ``testing device'' means a
testing device used for compliance testing of motor vehicles
and motor vehicle equipment with respect to Federal motor
vehicle safety standards that is described in part 572 of title
49, Code of Federal Regulations (or successor regulations).
SEC. 3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS UPDATES.
(a) Front Impacts.--
(1) In general.--Not later than 15 days after the date of
enactment of this Act, the Secretary shall revise parts 571 and
572 of title 49, Code of Federal Regulations (or successor
regulations), to include the following:
(A) 50th percentile adult male Test Device for
Human Occupant Restraint (THOR) frontal impact testing
device.
(B) 5th percentile adult female Test Device for
Human Occupant Restraint (THOR) frontal impact testing
device.
(2) Front impact final rules.--
(A) In general.--
(i) THOR-50M.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall issue a final rule to require
the use of the testing device described in
paragraph (1)(A) into parts 571 and 572 of
title 49, Code of Federal Regulations (or
successor regulations).
(ii) THOR-05F.--
(I) Proposed rulemaking.--Not later
than 60 days after the date of
enactment of this Act, the Secretary
shall issue a notice of proposed
rulemaking to require the use of the
testing device described in paragraph
(1)(B) into parts 571 and 572 of title
49, Code of Federal Regulations (or
successor regulations).
(II) Final rule.--Not later than
120 days after the date of enactment of
this Act, the Secretary shall issue a
final rule to require the use of the
testing device described in paragraph
(1)(B) into parts 571 and 572 of title
49, Code of Federal Regulations (or
successor regulations).
(B) Requirements.--In issuing the final rules under
clauses (i) and (ii)(II) of subparagraph (A), the
Secretary shall--
(i) establish or update the injury
criteria, including the head, neck, chest,
abdomen, pelvis, upper leg, and lower leg
injury criteria, for the testing devices
described in subparagraphs (A) and (B) of
paragraph (1) based on real world injuries and
the greatest potential to increase safety; and
(ii) establish crashworthiness frontal
impact tests with those testing devices for
adult female occupants in all designated front
seating positions tested, as of the date of
enactment of this Act, for adult male
occupants.
(b) Side Impacts.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall revise parts 571 and
572 of title 49, Code of Federal Regulations (or successor
regulations), to include the following:
(A) 50th percentile adult male Worldwide Harmonized
Side Impact Dummy side impact testing device.
(B) 5th percentile adult female Worldwide
Harmonized Side Impact Dummy side impact testing
device.
(2) Side impact final rule.--
(A) In general.--
(i) Proposed rulemaking.--Not later than 2
years after the date of enactment of this Act,
the Secretary shall issue a notice of proposed
rulemaking to require the use of the testing
devices described in subparagraphs (A) and (B)
of paragraph (1) into parts 571 and 572 of
title 49, Code of Federal Regulations (or
successor regulations).
(ii) Final rule.--Not later than 30 months
after the date of enactment of this Act, the
Secretary shall issue a final rule to require
the use of the testing devices described in
subparagraphs (A) and (B) of paragraph (1) into
parts 571 and 572 of title 49, Code of Federal
Regulations (or successor regulations).
(B) Requirements.--In issuing the final rule under
subparagraph (A)(ii), the Secretary shall--
(i) establish or update the injury
criteria, including the head, neck, chest,
abdomen, pelvis, and upper leg criteria, for
the testing devices described in subparagraphs
(A) and (B) of paragraph (1) based on real
world injuries and the greatest potential to
increase safety; and
(ii) establish front seat crashworthiness
side impact tests with those testing devices
for adult female occupants in all designated
front seating positions tested, as of the date
of enactment of this Act, for adult male
occupants.
SEC. 4. NEW CAR ASSESSMENT PROGRAM UPDATE.
(a) Front Impacts.--
(1) In general.--The Secretary shall promulgate a final
decision notice to update the testing procedures used to test
the crashworthiness of passenger motor vehicles under the New
Car Assessment Program of the National Highway Traffic Safety
Administration to require the use of the testing devices
described in subparagraphs (A) and (B) of section 3(a)(1).
(2) Timing.--
(A) In general.--The final decision notice required
under paragraph (1) shall be promulgated concurrently
with the issuance of the final rule required under
section 3(a)(2)(A)(i) if the Secretary determines that
promulgating the final decision notice concurrently
with the final rule required under that section does
not delay issuance of that final rule.
(B) Delay.--If the Secretary determines under
subparagraph (A) that promulgating the final decision
notice concurrently with the final rule required under
section 3(a)(2)(A)(i) would delay the issuance of that
final rule, the Secretary shall issue that final rule
before promulgating the final decision notice required
under this subsection.
(b) Side Impacts.--
(1) In general.--The Secretary shall promulgate a final
decision notice to update the testing procedures used to test
the crashworthiness of passenger motor vehicles under the New
Car Assessment Program of the National Highway Traffic Safety
Administration to require the use of the testing devices
described in subparagraphs (A) and (B) of section 3(b)(1).
(2) Timing.--
(A) In general.--The final decision notice required
under paragraph (1) shall be promulgated concurrently
with the issuance of the final rule required under
section 3(b)(2)(A)(ii) if the Secretary determines that
promulgating the final decision notice concurrently
with the final rule required under that section does
not delay issuance of that final rule.
(B) Delay.--If the Secretary determines under
subparagraph (A) that promulgating the final decision
notice concurrently with the final rule required under
section 3(b)(2)(A)(ii) would delay the issuance of that
final rule, the Secretary shall issue that final rule
before promulgating the final decision notice required
under this subsection.
SEC. 5. TESTING DEVICES ROADMAP.
(a) Initial Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 a report that--
(A) identifies timelines for the Secretary to
incorporate testing devices, other than the testing
devices described in subparagraphs (A) and (B) of
section 3(a)(1) and subparagraphs (A) and (B) of
section 3(b)(1), that the Secretary is researching, as
of the date of enactment of this Act, into the
regulations contained in parts 571 and 572 of title 49,
Code of Federal Regulations (or successor regulations);
(B) identifies testing devices used for similar
crashworthiness standards in other countries that are
more advanced than the testing devices required or
being researched by the Secretary; and
(C) subject to paragraph (2), describes a process
for the Secretary to update the testing devices
required in the United States under regulations in
effect on the date of enactment of this Act, including
whether the Secretary can adopt more advanced testing
devices already used for compliance in other countries,
such as testing devices in use or being considered as
part of the European New Car Assessment Programme.
(2) No update needed.--If the Secretary determines that
testing devices used in the United States as of the date of
enactment of this Act do not need to be updated, the Secretary
shall include in the report required under paragraph (1) a
description for why the Secretary believes those testing
devices do not need to be updated, including by providing a
description for each testing device described in part 572 of
title 49, Code of Federal Regulations (or successor
regulations), that the Secretary determines does not need to be
updated.
(b) Follow-up Report.--Not later than 5 years after the date on
which the Secretary submits the report required under subsection (a),
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 a report that--
(1) describes whether the Secretary has met the timelines
described in subsection (a)(1)(A); and
(2) identifies any new testing devices used in other
countries that are more advanced than the testing devices
required or being research by the Secretary as of the date of
enactment of this Act.
SEC. 6. SAVINGS PROVISION.
Nothing in this Act restricts the ability of the Secretary to
update a testing device through proceedings separate from, or
subsequent to--
(1) the final rules required under clauses (i) and (ii)(II)
of section 3(a)(2)(A) and section 3(b)(2)(A)(ii); and
(2) the final decision notices required under subsections
(a)(1) and (b)(1) of section 4.
Calendar No. 141
119th CONGRESS
1st Session
S. 161
[Report No. 119-56]
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue rules relating to
the testing procedures used under the New Car Assessment Program of the
National Highway Traffic Safety Administration, and for other purposes.
_______________________________________________________________________
July 31, 2025
Reported with an amendment