--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,12 +1,15 @@
[From the U.S. Government Publishing Office]
-[S. 161 Introduced in Senate (IS)]
+[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.
@@ -17,9 +20,17 @@
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
+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]
_______________________________________________________________________
@@ -31,6 +42,252 @@
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.
@@ -62,7 +319,7 @@
Human Occupant Restraint (THOR) frontal impact testing
device.
(B) 5th percentile adult female Test Device for
-Human Occupant Restraint (THOR) front impact testing
+Human Occupant Restraint (THOR) frontal impact testing
device.
(2) Front impact final rules.--
(A) In general.--
@@ -107,37 +364,6 @@
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
@@ -180,39 +406,55 @@
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.
+
+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
@@ -250,7 +492,7 @@
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
+(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
@@ -261,4 +503,36 @@
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>
+
+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