II 

118TH CONGRESS 

2D SESSION S. 4299 

To require the Secretary of Transportation to issue a rule relating to the 

collection of crashworthiness information under the New Car Assessment 

Program of the National Highway Traffic Safety Administration, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2024 

Mrs. FISCHER (for herself, Mrs. MURRAY, Mrs. BLACKBURN, and Ms. 

DUCKWORTH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Secretary of Transportation to issue a rule 

relating to the collection of crashworthiness information 

under the New Car Assessment Program of the National 

Highway Traffic Safety Administration, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘She Develops Regula5 tions In Vehicle Equality and Safety Act’’ or the ‘‘She 

6 DRIVES Act’’. 


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1 SEC. 2. CRASHWORTHINESS STANDARDS UNDER NCAP. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ANTHROPOMORPHIC TEST DEVICE.—The 

4 term ‘‘anthropomorphic test device’’ means a testing 

5 device used for compliance testing of motor vehicles 

6 and motor vehicle equipment with respect to Federal 

7 motor vehicle safety standards that is— 

8 (A)(i) described in section 572.5 of title 

9 49, Code of Federal Regulations (as in effect on 

10 the date of enactment of this Act); and 

11 (ii) used to determine occupant crash pro12 tection, in the determination of the Secretary, 

13 in each seating position; and 

14 (B) instrumented with sensors and injury 

15 measurement capability at the parts of the body 

16 most at risk for injury, including injury meas17 urement for, at a minimum, the acetabulum 

18 load, upper and lower thorax displacement, ab19 dominal displacement, ankle angle, and Achilles 

20 load. 

21 (2) CRASHWORTHINESS.—The term ‘‘crash22 worthiness’’ has the meaning given the term in sec23 tion 32301 of title 49, United States Code. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Transportation. 

26 (b) NCAP TESTING RULE.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall issue a final rule updating the testing 

4 procedures used to test the crashworthiness of pas5 senger motor vehicles under the New Car Assess6 ment Program of the National Highway Traffic 

7 Safety Administration, in accordance with paragraph 

8 (2). 

9 (2) REQUIREMENTS.—The final rule issued 

10 under paragraph (1) shall include the following: 

11 (A) The inclusion of the new generation— 

12 (i) 50th percentile adult male testing 

13 device, as referenced by Regulation Identi14 fier Number 2127–AM20; and 

15 (ii) 5th percentile adult female testing 

16 device, as referenced by Regulation Identi17 fier Number 2127–AM56. 

18 (B) The updating of test procedures and 

19 devices, including anthropomorphic test devices, 

20 to procedures that mandate the use of the most 

21 technologically advanced devices available in the 

22 global and domestic markets used in crash23 worthiness testing and validation. 

24 (C) The establishment of new, or refine25 ment of existing, injury criteria, including head, 


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1 neck, chest, abdomen, pelvis, upper leg, and 

2 lower leg injury criteria, with anthropomorphic 

3 test devices based on— 

4 (i) real-world injuries; and 

5 (ii) the greatest potential to increase 

6 safety. 

7 (D) The establishment of front seat crash8 worthiness frontal and side impact tests with 

9 anthropomorphic test devices for adult female 

10 occupants in all designated front seating posi11 tions, including the driving position. 

12 (E) The establishment of rear seat crash13 worthiness frontal and side impact tests with 

14 anthropomorphic test devices for adult female 

15 occupants in all designated rear seating posi16 tions. 

17 (F) The establishment of a requirement 

18 that the use of digital simulation tests shall be 

19 validated by matching physical tests with 

20 anthropomorphic test devices. 

21 (c) CONTINUOUS UPDATES.—Not later than 2 years 

22 after the date on which the Secretary carries out the re23 quirements of this section, and not less frequently than 

24 once every year thereafter, the Secretary shall— 


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1 (1) evaluate new anthropomorphic test devices; 

2 and 

3 (2) if applicable, issue a new rule that requires 

4 the use of new anthropomorphic test devices evalu5 ated under paragraph (1) in the tests described in 

6 subsection (b)(2). 

7 (d) MISSED DEADLINE; REPORT REQUIRED.—If the 

8 Secretary does not issue the final rule required under sub9 section (b)(1) by the deadline described in that subsection, 

10 the Secretary shall, not later than 30 days after the date 

11 on which the deadline elapses, and every 30 days there12 after until the date on which the Secretary issue that rule, 

13 submit to Congress a report detailing— 

14 (1) the reasons for why the deadline was 

15 missed; and 

16 (2) the approximate date on which the Sec17 retary will issue that rule. 

18 SEC. 3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS UP19 DATE. 

20 (a) IN GENERAL.—Section 30111 of title 49, United 

21 States Code, is amended— 

22 (1) in subsection (a), in the first sentence, by 

23 inserting ‘‘(referred to in this section as the ‘Sec24 retary’)’’ after ‘‘of Transportation’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(g) CRASHWORTHINESS REQUIREMENTS.—In pre2 scribing motor vehicle safety standards under this section 

3 that relate to crashworthiness (as defined in section 

4 32301), the Secretary shall use the tests contained in the 

5 rule issued by the Secretary pursuant to section 2(b)(1) 

6 of the She DRIVES Act.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a)(2) shall take effect on the date on which 

9 the Secretary of Transportation issues the rule required 

10 under section 2(b)(1). 

Æ 


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