What specific regulatory text has NHTSA proposed or finalized under Section 24220 since the IIJA was enacted?
Executive summary
NHTSA has not finalized any regulatory text under Section 24220 of the IIJA; instead the agency has taken preliminary steps including issuing an Advance Notice of Proposed Rulemaking (ANPRM) to solicit information and outlining plans to publish a Notice of Proposed Rulemaking (NPRM) in Summer 2025 [1] [2]. Congressional and advocacy pressure has framed the statute as a mandate to require “advanced drunk and impaired driving prevention technology” in new passenger vehicles, but the required final Federal Motor Vehicle Safety Standard (FMVSS) has not been completed within the statute’s three‑year window [3] [4].
1. What NHTSA has actually published: an ANPRM, not a final FMVSS
The clearest piece of regulatory text tied to IIJA §24220 is NHTSA’s ANPRM—an advance notice seeking information on technologies and regulatory approaches for “advanced drunk and impaired driving prevention technology,” which NHTSA publicized and which advocacy groups like MADD highlighted when it was issued [1] [5]. Secondary reporting and legal observers track that ANPRM as the agency’s initial public regulatory step under the IIJA provision directing issuance of an FMVSS if statutory criteria are met [5].
2. What that ANPRM asked and framed: technical options and regulatory approaches
The ANPRM gathers technical data and comments on candidate technologies able to passively and accurately detect whether a driver’s blood alcohol concentration meets or exceeds .08 g/dL and on broader mitigation strategies; InterRegs summarized that NHTSA presented multiple regulatory options and specifically solicited information on using BAC/BrAC in isolation and on passive detection techniques [5]. That framing shows the agency working to define the objective, practicable performance criteria that an FMVSS would require, consistent with statutory direction that any FMVSS be objective and practicable [5].
3. What NHTSA has not done: no NPRM or final rule yet
NHTSA has not issued the required final rule implementing §24220, and the agency acknowledges it missed statutory timelines; NHTSA’s status report to Congress indicates it intends to publish an NPRM in Summer 2025 and to complete the rulemaking after public comment, confirming that a final FMVSS has not been promulgated as of that report [2]. Multiple external observers and lawmakers have noted the absence of a completed FMVSS under §24220 despite the IIJA’s mandate [3] [4].
4. Deadlines, delays, and the agency’s stated next steps
The IIJA directed a final rule within three years of enactment, language NHTSA has repeatedly referenced in planning materials and which has driven congressional inquiries; the December 2024 status report states the agency will proceed with an NPRM in Summer 2025 and complete the rulemaking after considering comments, citing the need for additional research and competing priorities as reasons it did not meet earlier timelines [4] [2]. Congressional letters and appropriations language have pressed NHTSA for more detail and have required the agency to report on resource constraints affecting implementation [6] [3].
5. Policy context and competing narratives surrounding the regulatory text
Advocacy groups like MADD portray the ANPRM as a crucial step expected to save lives and press for rapid adoption of mandated onboard impaired‑driving prevention systems [1], while industry and civil‑liberties commentators raise concerns about technical feasibility, privacy, and constitutional questions—issues that NHTSA’s ANPRM and subsequent rulemaking must confront even as the agency develops objective performance standards [7] [8]. Legal and policy commentators emphasize that the statute sets a direction but leaves many technical, operational, and legal choices to NHTSA’s rulemaking process [5] [7].
Conclusion: the record of issued text is preliminary and procedural
In sum, the concrete regulatory text NHTSA has produced under IIJA §24220 to date is the ANPRM and associated outreach; an NPRM and a final FMVSS remain planned but unpublished as of the agency’s December 2024 reporting, leaving the statute’s substantive mandates to be translated into enforceable regulatory text in forthcoming rulemaking stages [1] [2].