[Senate Report 119-56]
[From the U.S. Government Publishing Office]
Calendar No. 141
119th Congress } { Report
SENATE
1st Session } { 119-56
_______________________________________________________________________
SHE DEVELOPS REGULATIONS IN VEHICLE
EQUALITY AND SAFETY ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 161
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 31, 2025.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 141
119th Congress } { Report
SENATE
1st Session } { 119-56
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SHE DEVELOPS REGULATIONS IN VEHICLE EQUALITY
AND SAFETY ACT
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July 31, 2025.--Ordered to be printed
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Mr. Cruz, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 161]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (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, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the bill, as amended, do pass.
PURPOSE OF THE BILL
The purpose of S. 161, She DRIVES Act, is to require the
Secretary of Transportation to issue rules relating to the
testing procedures under the Federal Motor Vehicle Safety
Standards and the New Car Assessment Program of the National
Highway Traffic Safety Administration.
BACKGROUND AND NEEDS
According to early estimates from the National Highway
Traffic Safety Administration (NHTSA), there were 40,990
traffic fatalities in 2023.\1\ NHTSA is responsible for
enforcing vehicle safety standards with the goal of reducing
crashes and injuries on the roadway. NHTSA sets vehicle safety
standards by issuing vehicle safety regulations known as the
Federal Motor Vehicle Safety Standards (FMVSS). The FMVSS are
safety regulations that specify design, construction,
performance, and durability requirements for motor vehicles.
Manufacturers are responsible for certifying that their
products meet all FMVSS to sell vehicles in the United States.
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\1\NHTSA, Early Estimates of Motor Vehicle Traffic Fatalities in
2023, April 2024 (https://crashstats.nhtsa.dot.gov/Api/Public/
Publication/813561).
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NHTSA also administers the New Car Assessment Program
(NCAP), also known as the five-star safety ratings program.
This motor vehicle crash test program evaluates new vehicles
for crashworthiness, crash avoidance technology, and pedestrian
protection.\2\ The requirements to achieve a five-star rating
go above and beyond what is required by FMVSS to encourage
manufacturers to build vehicles that consistently achieve high
ratings.
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\2\``NHTSA 5-Star Safety Ratings,'' National Highway Traffic Safety
Administration (https://www.nhtsa.gov/ratings#).
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To provide manufacturers a repeatable and consistent way to
measure occupant protection across different vehicle makes and
models, NHTSA requires manufacturers to use test dummies, also
known as anthropomorphic test devices (ATDs), to measure the
impact to vehicle occupants in crash tests. NHTSA sets
requirements for the type of ATDs used in crash tests,
including for durability, biofidelity, repeatability, and
reproducibility.\3\ However, the Government Accountability
Office (GAO) has found that the data collected from the current
ATDs does not measure whether the vehicle safety features are
effective for a diverse range of people.\4\ For example, the
current ATDs may not adequately measure the risks of lower leg
injuries for females compared to males in similar crashes.\5\
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\3\Daniel Rhule et al., The Process of Evolution and Documentation
of Crash Test Dummies for Part 572 of the Code of Federal Regulations,
National Highway Traffic Safety Administration, paper no. 05-0284
(https://www-esv.nhtsa.dot.gov/Proceedings/19/05-0284-W.pdf).
\4\Government Accountability Office, Vehicle Safety: DOT Should
Take Additional Action to Improve the Information Obtained from Crash
Test Dummies, GAO-23-105595, March 8, 2023 (https://www.gao.gov/
products/gao-23-105595).
\5\Ibid.
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According to an ATD manufacturer's description, the current
adult female ATD is a scaled-down version of the male ATD.\6\
This means that while the height is reduced, internally, the
dummy used to represent the female body is based off the bone
mass, bone structure, musculature, fat distribution, and organ
distribution of a male.\7\ The Committee is concerned that this
inaccurate representation has potentially created a safety
disparity. Women have a 73-percent higher risk of injury from
fatal car crashes than males and are more likely to sustain
injuries to their pelvis or liver. Testing key safety features
with ATDs designed to accurately reflect a greater range of
human anatomies in the driver's seat could help protect more
vehicle occupants from injuries in real-world crashes.\8\
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\6\``Hybrid III 5th Female: Key Features,'' Humanetics (https://
www.humaneticsgroup.com/products/anthropomorphic-test-.
\7\Lurah Lowery, ``Nonprofit Advocates for Improved Female Vehicle
Passenger Safety with Federal Bill,'' Repairer Driven News, August 19,
2024 (https://www.repairerdrivennews.com/2024/08/19/173130/).
\8\Jason Forman et al., ``Automobile Injury Trends in the
Contemporary Fleet: Belted Occupants in Frontal Collisions,'' Traffic
Injury Prevention, vol. 20 (2019), no. 6 pp. 607-612 (https://doi.org/
10.1080/15389588.2019.1630825).
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Given the inadequacy of the current ATDs and the
significant fatality and injury rate disparity between men and
women, the Committee believes action is needed to address this
public safety concern. This legislation requires NHTSA to
update its regulations to adopt more technologically advanced
ATDs that represent the 50th percentile adult male and ATDs
that represent the 5th percentile adult female for front and
side impact crash testing for both NCAP and FMVSS.
SUMMARY OF PROVISIONS
S. 161 would do the following:
Require NHTSA to amend its regulations to require
the use of more technologically advanced ATDs that
represent the 50th percentile adult male and ATDs that
represent the 5th percentile adult female for front and
side impact crash testing.
Require NHTSA to update NCAP crashworthiness testing
procedures to include crashworthiness frontal impact
and side impact tests for female occupants in all front
seating positions.
When updating the ATD regulation, establish injury
criteria to better measure the risk of injury or death
in crashes that are based on real-world data and the
greatest potential to increase safety.
Require NHTSA to send a report within 1 year to the
relevant congressional committees providing a roadmap
with deadlines for NHTSA to update its regulation to
require the use of more advanced ATDs, and to update
the report on NHTSA's progress in meeting the roadmap
deadline 5 years after the report is submitted.
LEGISLATIVE HISTORY
S. 161 was introduced on January 21, 2025, by Senator
Fischer (for herself and Senators Murray, Blackburn, and
Duckworth) and was referred to the Committee on Commerce,
Science, and Transportation of the Senate. Senators Collins,
Welch, Capito, Schatz, Britt, Hickenlooper, Rosen, and Daines
are additional cosponsors. On February 5, 2025, the Committee
met in open Executive Session and, by voice vote, ordered S.
161 to be reported favorably with an amendment (in the nature
of a substitute).
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 161 would require the National Highway Traffic Safety
Administration (NHTSA) to conduct additional crash tests for
motor vehicles using devices that represent female drivers. The
agency does not currently use such devices for all test types.
The bill also would require NHTSA to issue rules requiring the
use of newer, more advanced crash test devices by both the
agency and vehicle manufacturers. Finally, S. 161 would require
NHTSA to report to the Congress twice on its plans to
incorporate additional advanced crash test devices--once within
a year of enactment and again in 2031.
Based on information from the agency, CBO expects that
NHTSA would spend about $3 million annually, beginning in 2027,
for additional test vehicles and about $500,000 annually for
additional staff and equipment. On that basis, and accounting
for anticipated inflation, CBO estimates that implementing the
bill would cost $14 million over the 2025-2030 period. CBO
expects the bill's rulemaking requirements would largely codify
NHTSA's planned rulemaking processes and would have an
insignificant cost. Based on the costs of similar activities,
CBO estimates that the two reports would cost less than
$500,000. Any increase in spending to implement the bill would
be subject to the availability of appropriated funds.
The costs of the legislation, detailed in Table 1, fall
within budget function 400 (transportation).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 161
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By fiscal year, millions of dollars--
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2025 2026 2027 2028 2029 2030 2025-2030
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Estimated Authorization.................................... * * 2 4 4 4 14
Estimated Outlays.......................................... * * 2 4 4 4 14
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* = between zero and $500,000.
S. 161 would impose private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA) by requiring vehicle
manufacturers to use advanced crash test devices and to conduct
additional tests using devices that represent females in the
driver's seat.
The cost of compliance for manufacturers would stem from
two, one-time expenditures as manufacturers replace their
inventories of testing devices. Based on information from the
automotive industry, CBO estimates that each device would cost
about $1 million. Because manufacturers own some of the devices
required for front-impact testing, CBO estimates the cost to
replace existing testing devices with advanced devices would
total between $50 million and $60 million. When standards for
side-impact testing devices are finalized, we estimate the cost
to replace existing side impact testing devices would be
between $150 million and $160 million. CBO estimates that the
cost of additional testing would incrementally increase the
annual cost of testing by a small amount. Because those costs
would occur over multiple years, CBO estimates that the total
cost of the mandates in a single year would fall below the
threshold established in UMRA for private-sector mandates ($206
million in 2025, adjusted annually for inflation).
The bill would not impose intergovernmental mandates as
defined in UMRA.
The CBO staff contacts for this estimate are Willow Latham-
Proenca (for federal costs) and Lucy Marret (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 161, as reported, would require NHTSA to update the
standards for ATDs and NCAP. The bill would affect the
manufacturers of passenger motor vehicles sold in the United
States, all of which are already subject to NHTSA regulations.
The number of persons covered should be consistent with those
currently subject to the ATD and NCAP regulations.
Economic Impact
S. 161, as reported, is expected to have modest economic
costs associated with initial implementation and ongoing
administrative expenses. The bill would require NHTSA to
purchase new ATDs and conduct additional crash tests when
conducting an NCAP analysis on a single vehicle model,
requiring additional resources to test the same number of
models, or impact the number of vehicles the agency tests. A
THOR-50M dummy, which is reusable, is estimated to cost up to
$750,000, according to NHTSA.\9\ Although there are upfront
costs, it is hoped that the benefits to vehicle safety
standards from covering a more diverse population and the
possibility for an overall reduction in fatalities and injuries
will outweigh the initial costs.
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\9\Department of Transportation, National Highway Traffic Safety
Administration, Notice of Proposed Rulemaking, ``Anthropomorphic Test
Devices; THOR 50th Percentile Adult Male Test Dummy; Incorporation by
Reference,'' Federal Register, vol. 88, no. 172, pp. 61896-61949,
September 7, 2023 (https://www.federalregister.gov/documents/2023/09/
07/2023-19008/anthropomorphic-test-devices-thor-50th-percentile-adult-
male-test-dummy-incorporation-by-reference).
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Privacy
S. 161, as reported, would not have any adverse impact on
the personal privacy of individuals.
Paperwork
S. 161, as reported, would not increase paperwork
requirements for private individuals or businesses.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``She Develops Regulations In Vehicle Equality and Safety
Act'' or the ``She DRIVES Act''.
Section 2. Definitions.
This section would define the terms ``crashworthiness'',
``Secretary'', and ``testing device''.
Section 3. Federal motor vehicle safety standards update.
This section would require NHTSA to update FMVSS to require
frontal impact testing to include the 50th percentile adult
male Test Device for Human Occupant Restraint (THOR) frontal
impact testing device and the 5th percentile adult female THOR
frontal impact testing device no later than 15 days after
enactment.
This section would require the Secretary to issue a final
rule that requires the use of the THOR frontal impact testing
device. In issuing this rule, the Secretary would be required
to establish or update the injury criteria based on new data,
and establish frontal impact tests for adult female occupants
with all front seating positions tested.
This section would require NHTSA to revise the FMVSS no
later than 18 months after enactment to require side impact
testing to include the: (1) 50th percentile adult male
Worldwide Harmonized Side Impact Dummy side impact testing
device and (2) 5th percentile adult female Worldwide Harmonized
Side Impact Dummy side impact testing device. Lastly, this
section would require the Secretary to issue a final rule that
requires the use of the side impact testing devices no later
than 30 months after enactment.
Section 4. New car assessment program update.
This section would require NHTSA to promulgate the final
decision notices to update the crashworthiness testing
procedures for both front and side impact testing devices under
the New Car Assessment Program. This section would also require
that the final decision notices be issued concurrently with the
final rules, or if issuing the decision and the rule together
would delay the rule, then NHTSA will issue the rule first.
Section 5. Testing devices roadmap.
This section would require NHTSA to submit a report to
Congress that outlines a timeline of incorporating the testing
devices, identify testing devices of other countries that are
more advanced than the U.S. testing devices being used or
researched, and describe its process of updating the testing
devices required under the FMVSS no later than 1 year after
enactment. If NHTSA believes the testing devices do not need to
be updated, NHTSA would include its justification. NHTSA would
be required to submit a follow-up report to Congress no later
than 5 years after the initial report on the Secretary's
progress on meeting the report's timelines and whether the
Secretary has identified any new testing devices.
Section 6. Savings provision.
This section would preserve the Secretary's authority to
revise or update a testing device regardless of the specific
rulemaking or notices required in this Act.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
[all]