II 118th CONGRESS 2d Session S. 4299 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. Short title This Act may be cited as the She Develops Regulations In Vehicle Equality and Safety Act or the She DRIVES Act . 2. Crashworthiness standards under NCAP (a) Definitions In this section: (1) Anthropomorphic test device The term anthropomorphic test 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— (A) (i) described in section 572.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (ii) used to determine occupant crash protection, in the determination of the Secretary, in each seating position; and (B) instrumented with sensors and injury measurement capability at the parts of the body most at risk for injury, including injury measurement for, at a minimum, the acetabulum load, upper and lower thorax displacement, abdominal displacement, ankle angle, and Achilles load. (2) Crashworthiness The term crashworthiness has the meaning given the term in section 32301 of title 49, United States Code. (3) Secretary The term Secretary means the Secretary of Transportation. (b) NCAP testing rule (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule updating 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, in accordance with paragraph (2). (2) Requirements The final rule issued under paragraph (1) shall include the following: (A) The inclusion of the new generation— (i) 50th percentile adult male testing device, as referenced by Regulation Identifier Number 2127–AM20; and (ii) 5th percentile adult female testing device, as referenced by Regulation Identifier Number 2127–AM56. (B) The updating of test procedures and devices, including anthropomorphic test devices, to procedures that mandate the use of the most technologically advanced devices available in the global and domestic markets used in crashworthiness testing and validation. (C) The establishment of new, or refinement of existing, injury criteria, including head, neck, chest, abdomen, pelvis, upper leg, and lower leg injury criteria, with anthropomorphic test devices based on— (i) real-world injuries; and (ii) the greatest potential to increase safety. (D) The establishment of front seat crashworthiness frontal and side impact tests with anthropomorphic test devices for adult female occupants in all designated front seating positions, including the driving position. (E) The establishment of rear seat crashworthiness frontal and side impact tests with anthropomorphic test devices for adult female occupants in all designated rear seating positions. (F) The establishment of a requirement that the use of digital simulation tests shall be validated by matching physical tests with anthropomorphic test devices. (c) Continuous updates Not later than 2 years after the date on which the Secretary carries out the requirements of this section, and not less frequently than once every year thereafter, the Secretary shall— (1) evaluate new anthropomorphic test devices; and (2) if applicable, issue a new rule that requires the use of new anthropomorphic test devices evaluated under paragraph (1) in the tests described in subsection (b)(2). (d) Missed deadline; report required If the Secretary does not issue the final rule required under subsection (b)(1) by the deadline described in that subsection, the Secretary shall, not later than 30 days after the date on which the deadline elapses, and every 30 days thereafter until the date on which the Secretary issue that rule, submit to Congress a report detailing— (1) the reasons for why the deadline was missed; and (2) the approximate date on which the Secretary will issue that rule. 3. Federal motor vehicle safety standards update (a) In general Section 30111 of title 49, United States Code, is amended— (1) in subsection (a), in the first sentence, by inserting (referred to in this section as the Secretary ) after of Transportation ; and (2) by adding at the end the following: (g) Crashworthiness requirements In prescribing motor vehicle safety standards under this section that relate to crashworthiness (as defined in section 32301), the Secretary shall use the tests contained in the rule issued by the Secretary pursuant to section 2(b)(1) of the She DRIVES Act . . (b) Effective date The amendment made by subsection (a)(2) shall take effect on the date on which the Secretary of Transportation issues the rule required under section 2(b)(1).