II 

119TH CONGRESS 

1ST SESSION S. 161 

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, 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 rules 

relating to the testing procedures used 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’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 161 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CRASHWORTHINESS.—The term ‘‘crash4 worthiness’’ has the meaning given the term in sec5 tion 32301 of title 49, United States Code. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Transportation. 

8 (3) TESTING DEVICE.—The term ‘‘testing de9 vice’’ means a testing device used for compliance 

10 testing of motor vehicles and motor vehicle equip11 ment with respect to Federal motor vehicle safety 

12 standards that is described in part 572 of title 49, 

13 Code of Federal Regulations (or successor regula14 tions). 

15 SEC. 3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS UP16 DATES. 

17 (a) FRONT IMPACTS.— 

18 (1) IN GENERAL.—Not later than 15 days after 

19 the date of enactment of this Act, the Secretary 

20 shall revise parts 571 and 572 of title 49, Code of 

21 Federal Regulations (or successor regulations), to 

22 include the following: 

23 (A) 50th percentile adult male Test Device 

24 for Human Occupant Restraint (THOR) frontal 

25 impact testing device. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 161 IS

1 (B) 5th percentile adult female Test De2 vice for Human Occupant Restraint (THOR) 

3 front impact testing device. 

4 (2) FRONT IMPACT FINAL RULES.— 

5 (A) IN GENERAL.— 

6 (i) THOR-50M.—Not later than 180 

7 days after the date of enactment of this 

8 Act, the Secretary shall issue a final rule 

9 to require the use of the testing device de10 scribed in paragraph (1)(A) into parts 571 

11 and 572 of title 49, Code of Federal Regu12 lations (or successor regulations). 

13 (ii) THOR-05F.— 

14 (I) PROPOSED RULEMAKING.— 

15 Not later than 60 days after the date 

16 of enactment of this Act, the Sec17 retary shall issue a notice of proposed 

18 rulemaking to require the use of the 

19 testing device described in paragraph 

20 (1)(B) into parts 571 and 572 of title 

21 49, Code of Federal Regulations (or 

22 successor regulations). 

23 (II) FINAL RULE.—Not later 

24 than 120 days after the date of enact25 ment of this Act, the Secretary shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 161 IS

1 issue a final rule to require the use of 

2 the testing device described in para3 graph (1)(B) into parts 571 and 572 

4 of title 49, Code of Federal Regula5 tions (or successor regulations). 

6 (B) REQUIREMENTS.—In issuing the final 

7 rules under clauses (i) and (ii)(II) of subpara8 graph (A), the Secretary shall— 

9 (i) establish or update the injury cri10 teria, including the head, neck, chest, ab11 domen, pelvis, upper leg, and lower leg in12 jury criteria, for the testing devices de13 scribed in subparagraphs (A) and (B) of 

14 paragraph (1) based on real world injuries 

15 and the greatest potential to increase safe16 ty; and 

17 (ii) establish crashworthiness frontal 

18 impact tests with those testing devices for 

19 adult female occupants in all designated 

20 front seating positions tested, as of the 

21 date of enactment of this Act, for adult 

22 male occupants. 

23 (C) NEW CAR ASSESSMENT PROGRAM UP24 DATE.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 161 IS

1 (i) IN GENERAL.—The Secretary shall 

2 promulgate a final decision notice to up3 date the testing procedures used to test the 

4 crashworthiness of passenger motor vehi5 cles under the New Car Assessment Pro6 gram of the National Highway Traffic 

7 Safety Administration to require the use of 

8 the testing devices described in subpara9 graphs (A) and (B) of paragraph (1). 

10 (ii) TIMING.— 

11 (I) IN GENERAL.—The final deci12 sion notice required under clause (i) 

13 shall be promulgated concurrently 

14 with the issuance of the final rule re15 quired under subparagraph (A)(i) if 

16 the Secretary determines that promul17 gating the final decision notice con18 currently with the final rule required 

19 under that subparagraph does not 

20 delay issuance of that final rule. 

21 (II) DELAY.—If the Secretary 

22 determines under subclause (I) that 

23 promulgating the final decision notice 

24 concurrently with the final rule re25 quired under subparagraph (A)(i) 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 161 IS

1 would delay the issuance of that final 

2 rule, the Secretary shall issue that 

3 final rule before promulgating the 

4 final decision notice required under 

5 this subparagraph. 

6 (b) SIDE IMPACTS.— 

7 (1) IN GENERAL.—Not later than 18 months 

8 after the date of enactment of this Act, the Sec9 retary shall revise parts 571 and 572 of title 49, 

10 Code of Federal Regulations (or successor regula11 tions), to include the following: 

12 (A) 50th percentile adult male Worldwide 

13 Harmonized Side Impact Dummy side impact 

14 testing device. 

15 (B) 5th percentile adult female Worldwide 

16 Harmonized Side Impact Dummy side impact 

17 testing device. 

18 (2) SIDE IMPACT FINAL RULE.— 

19 (A) IN GENERAL.— 

20 (i) PROPOSED RULEMAKING.—Not 

21 later than 2 years after the date of enact22 ment of this Act, the Secretary shall issue 

23 a notice of proposed rulemaking to require 

24 the use of the testing devices described in 

25 subparagraphs (A) and (B) of paragraph 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 161 IS

1 (1) into parts 571 and 572 of title 49, 

2 Code of Federal Regulations (or successor 

3 regulations). 

4 (ii) FINAL RULE.—Not later than 30 

5 months after the date of enactment of this 

6 Act, the Secretary shall issue a final rule 

7 to require the use of the testing devices de8 scribed in subparagraphs (A) and (B) of 

9 paragraph (1) into parts 571 and 572 of 

10 title 49, Code of Federal Regulations (or 

11 successor regulations). 

12 (B) REQUIREMENTS.—In issuing the final 

13 rule under subparagraph (A)(ii), the Secretary 

14 shall— 

15 (i) establish or update the injury cri16 teria, including the head, neck, chest, ab17 domen, pelvis, and upper leg criteria, for 

18 the testing devices described in subpara19 graphs (A) and (B) of paragraph (1) based 

20 on real world injuries and the greatest po21 tential to increase safety; and 

22 (ii) establish front seat crash23 worthiness side impact tests with those 

24 testing devices for adult female occupants 

25 in all designated front seating positions 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 161 IS

1 tested, as of the date of enactment of this 

2 Act, for adult male occupants. 

3 (C) NEW CAR ASSESSMENT PROGRAM UP4 DATE.— 

5 (i) IN GENERAL.—The Secretary shall 

6 promulgate a final decision notice to up7 date the testing procedures used to test the 

8 crashworthiness of passenger motor vehi9 cles under the New Car Assessment Pro10 gram of the National Highway Traffic 

11 Safety Administration to require the use of 

12 the testing devices described in subpara13 graphs (A) and (B) of paragraph (1). 

14 (ii) TIMING.— 

15 (I) IN GENERAL.—The final deci16 sion notice required under clause (i) 

17 shall be promulgated concurrently 

18 with the issuance of the final rule re19 quired under subparagraph (A)(ii) if 

20 the Secretary determines that promul21 gating the final decision notice con22 currently with the final rule required 

23 under that subparagraph does not 

24 delay issuance of that final rule. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 161 IS

1 (II) DELAY.—If the Secretary 

2 determines under subclause (I) that 

3 promulgating the final decision notice 

4 concurrently with the final rule re5 quired under subparagraph (A)(ii) 

6 would delay the issuance of that final 

7 rule, the Secretary shall issue that 

8 final rule before promulgating the 

9 final decision notice required under 

10 this subparagraph. 

11 SEC. 4. TESTING DEVICES ROADMAP. 

12 (a) INITIAL REPORT.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary 

15 shall submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the 

17 Committee on Energy and Commerce of the House 

18 of Representatives a report that— 

19 (A) identifies timelines for the Secretary to 

20 incorporate testing devices, other than the test21 ing devices described in subparagraphs (A) and 

22 (B) of section 3(a)(1) and subparagraphs (A) 

23 and (B) of section 3(b)(1), that the Secretary 

24 is researching, as of the date of enactment of 

25 this Act, into the regulations contained in parts 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 161 IS

1 571 and 572 of title 49, Code of Federal Regu2 lations (or successor regulations); 

3 (B) identifies testing devices used for simi4 lar crashworthiness standards in other countries 

5 that are more advanced than the testing devices 

6 required or being researched by the Secretary; 

7 and 

8 (C) subject to paragraph (2), describes a 

9 process for the Secretary to update the testing 

10 devices required in the United States under reg11 ulations in effect on the date of enactment of 

12 this Act, including whether the Secretary can 

13 adopt more advanced testing devices already 

14 used for compliance in other countries, such as 

15 testing devices in use or being considered as 

16 part of the European New Car Assessment Pro17 gramme. 

18 (2) NO UPDATE NEEDED.—If the Secretary de19 termines that testing devices used in the United 

20 States as of the date of enactment of this Act do not 

21 need to be updated, the Secretary shall include in 

22 the report required under paragraph (1) a descrip23 tion for why the Secretary believes those testing de24 vices do not need to be updated, including by pro25 viding a description for each testing device described 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 161 IS

1 in part 572 of title 49, Code of Federal Regulations 

2 (or successor regulations), that the Secretary deter3 mines does not need to be updated. 

4 (b) FOLLOW-UP REPORT.—Not later than 5 years 

5 after the date on which the Secretary submits the report 

6 required under subsection (a), the Secretary shall submit 

7 to the Committee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on Energy and 

9 Commerce of the House of Representatives a report 

10 that— 

11 (1) describes whether the Secretary has met the 

12 timelines described in subsection (a)(1)(A); and 

13 (2) identifies any new testing devices used in 

14 other countries that are more advanced than the 

15 testing devices required or being research by the 

16 Secretary as of the date of enactment of this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB