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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 161 Introduced in Senate (IS)]

<DOC>

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.

    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 ``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) front 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.
                    (C) New car assessment program update.--
                            (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).
                            (ii) Timing.--
                                    (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.
                                    (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.
    (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.
                    (C) New car assessment program update.--
                            (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).
                            (ii) Timing.--
                                    (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.
                                    (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.

SEC. 4. 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.
                                 <all>
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