A substantive restructuring. v2 reorganizes the New Car Assessment Program update requirements into a dedicated Section 4, separating them from the Federal Motor Vehicle Safety Standards updates. Additionally, v2 introduces a new Section 6, a savings provision, to clarify the Secretary of Transportation's ongoing authority to update testing devices independently of the bill's specific mandates.
She DRIVES Act
- Sponsor
- Sen. Fischer, Deb [R-NE]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Jul 31, 2025
Bottom line
This bill aims to enhance vehicle safety standards by requiring the use of more diverse and advanced crash test dummies, particularly addressing historical disparities in crash testing for female occupants.
What it actually does
This bill mandates the Secretary of Transportation to update Federal Motor Vehicle Safety Standards (FMVSS) and the New Car Assessment Program (NCAP) to include advanced crash test dummies representing both 50th percentile adult males (THOR-50M) and 5th percentile adult females (THOR-05F) for frontal and side impact tests. It sets specific, aggressive timelines for rulemaking and requires the establishment of updated injury criteria based on real-world data, aiming to enhance vehicle safety for a broader range of occupants.
Proponents argue
Proponents argue that the bill will significantly improve vehicle safety for all occupants, especially women, by ensuring crashworthiness standards and testing procedures reflect a broader range of body types. They highlight that current testing often relies on male-centric dummies, leading to disproportionate injury risks for female drivers and passengers. Updating these standards with advanced dummies and real-world injury data will lead to safer vehicle designs.
Opponents contend
Opponents, if any, might raise concerns about the aggressive timelines for rulemaking, potential increased costs for auto manufacturers to redesign and re-test vehicles, and the administrative burden on the National Highway Traffic Safety Administration (NHTSA). They might also argue that existing standards are already robust or that the proposed changes might not yield significant safety improvements commensurate with the costs.
The bill is concise and its directives are clear, making it accessible for a reader to understand its core purpose and requirements within a short timeframe.
Section 1
Short Title
This section establishes the official short title of the Act as the "She Develops Regulations In Vehicle Equality and Safety Act" or the "She DRIVES Act." This provides a common, easily recognizable name for the legislation, aiding in public discourse and legislative tracking.
Supporters argue
Supporters would argue that a clear and descriptive short title helps communicate the bill's purpose and importance to the public and stakeholders, emphasizing its focus on vehicle safety and equality.
Critics contend
No specific opposition is typically raised against the short title of a bill.
Section 2
Definitions
This section defines key terms used throughout the Act, including "crashworthiness" (referencing 49 U.S.C. 32301), "Secretary" (meaning the Secretary of Transportation), and "testing device" (referring to devices used for compliance testing with Federal motor vehicle safety standards under 49 CFR part 572). These definitions ensure consistent interpretation of the bill's mandates.
Section 3(a)
Mandate for Front Impact Crash Test Dummy Updates
This provision requires the Secretary of Transportation to update federal regulations (49 CFR parts 571 and 572) within 15 days of enactment to include the 50th percentile adult male THOR (THOR-50M) and 5th percentile adult female THOR (THOR-05F) frontal impact testing devices. It sets a 180-day deadline for a final rule for THOR-50M and a 120-day deadline (following a 60-day proposed rulemaking) for THOR-05F. The Secretary must also establish updated injury criteria for these devices based on real-world injuries and mandate frontal impact tests for adult female occupants in all front seating positions currently tested for adult males.
Section 3(b)
Mandate for Side Impact Crash Test Dummy Updates
Similar to frontal impacts, this provision requires the Secretary to revise regulations within 18 months to include 50th percentile adult male and 5th percentile adult female Worldwide Harmonized Side Impact Dummies (WorldSID). It sets a 30-month deadline for a final rule (following a 2-year proposed rulemaking) for these devices. The Secretary must also establish updated injury criteria based on real-world injuries and mandate side impact tests for adult female occupants in all front seating positions currently tested for adult males.
Section 4
Integration of New Dummies into NCAP
This section requires the Secretary to update the testing procedures under NHTSA's New Car Assessment Program (NCAP) to incorporate the new THOR frontal impact dummies (Section 3(a)(1)) and WorldSID side impact dummies (Section 3(b)(1)). The final decision notice for these NCAP updates is to be promulgated concurrently with the respective final rules for FMVSS updates, unless doing so would delay the FMVSS rule, in which case the FMVSS rule takes precedence.
Section 5
Future Crash Test Dummy Research and Adoption Roadmap
This section requires the Secretary to submit an initial report within one year of enactment to Congress. This report must identify timelines for incorporating other advanced testing devices currently being researched by the Secretary into regulations, identify more advanced testing devices used in other countries (e.g., European NCAP), and describe a process for updating U.S. testing devices, including potentially adopting foreign devices. A follow-up report is required five years later to assess progress and identify new advanced foreign testing devices.
The bill sets very short deadlines for the Secretary of Transportation to revise regulations and issue final rules for incorporating new crash test dummies: 15 days for initial revisions, 60 days for proposed rulemaking for THOR-05F, 120 days for the final rule for THOR-05F, 180 days for the final rule for THOR-50M, 18 months for initial side impact revisions, 2 years for proposed side impact rulemaking, and 30 months for the final side impact rule.
Sections 3(a)(1), 3(a)(2), 3(b)(1), 3(b)(2)
Why it matters:This is standard legislative practice for setting deadlines, but the aggressive nature of these particular deadlines makes them consequential for implementation.
Case for: Proponents argue that tight deadlines are necessary to accelerate the adoption of critical safety improvements, addressing long-standing disparities in crash testing and saving lives sooner.
Case against: Critics, particularly from industry or regulatory agencies, might argue that such rapid timelines could compromise the thoroughness of rulemaking, lead to less effective regulations, or impose undue burden on agencies and manufacturers.
Estimated impact: Significant administrative pressure on NHTSA and potential accelerated investment/redesign cycles for auto manufacturers.
This section clarifies that nothing in the Act restricts the Secretary's ability to update testing devices through separate or subsequent proceedings beyond the specific rules and decision notices mandated by this Act.
Section 6
Why it matters:This is standard legislative practice to ensure flexibility for future administrative action and prevent the current bill from being interpreted as the sole or final authority on crash test dummy updates.
Case for: Proponents would argue this provision is crucial for maintaining NHTSA's ongoing authority and adaptability to future technological advancements and safety needs, ensuring the agency isn't constrained by the specific mandates of this bill.
Case against: No specific opposition is typically raised against a savings clause that preserves agency authority.
Estimated impact: Ensures long-term flexibility for NHTSA in vehicle safety regulation, preventing this bill from becoming a ceiling rather than a floor for safety standards.