[Congressional Record Volume 147, Number 137 (Friday, October 12, 2001)]
[Extensions of Remarks]
[Page E1885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE INTRODUCTION OF LEGISLATION THAT WILL AMEND THE TRANSPORTATION 
                               EQUITY ACT

                                 ______
                                 

                      HON. ROBERT L. EHRLICH, JR.

                              of maryland

                    in the house of representatives

                        Friday, October 12, 2001

  Mr. EHRLICH. Mr. Speaker, I rise today to announce the introduction 
of legislation that will amend the Transportation Equity Act for the 
21st Century (``TEA-21'') (Pub. L. 105-178) to provide states with 
flexibility in complying with the minimum penalties for repeat 
offenders for driving while intoxicated or driving while under the 
influence (23 U.S.C. Sec. 164). The bill I am sponsoring is based upon 
recommendations made by the National Association of Governors' Highway 
and Safety Representatives in their report entitled ``Taking the 
Temperature of TEA-21: An Evaluation and Prescription for Safety.''
  Under current federal law, the definition of a ``repeat intoxicated 
driver law'' includes a 1-year ``hard'' suspension of the repeat 
offender's driver's license; impoundment or installation of an ignition 
interlock system of the individual's motor vehicles; an assessment of 
the individuals alcohol abuse and treatment; and community service and 
imprisonment (23 U.S.C. Sec. 164(a)(5)). If a state does not enact a 
repeat intoxicated driver law compliant with Sec. 164(a)(5), the 
Department of Transportation transfers 1.5 percent of funds under 
Sec. 104(b) to Sec. 402.
  In my view, there are two reasons why Congress should improve the 
current law. First, a 1-year ``hard'' suspension, in many cases, does 
not sufficiently deter repeat drunk drivers from driving under the 
influence. While a 1-year suspension looks good on paper, statistics, 
sting operations, and just plain commonsense reflect the notion that 
suspended drivers continue to drive illegally on our roads. For 
example, the National Highway Traffic Safety Administration estimates 
that 70 percent of individuals with revoked licenses continue to drive. 
Second, transferring funds from one transportation account to another 
may motivate some states to adopt new laws; however, the overall 
experience since TEA-21 enactment is that many states simply find ways 
to shift funds within their own accounts.
  Accordingly, I am introducing legislation that will require states to 
continue to enact a 1-year ``hard'' suspension; however, the suspension 
may be modified if states mandate the use of an ignition interlock 
system. My own state of Maryland has proven this policy to be an 
effective tool in the fight against drunk driving. Further, this 
legislation reflects my philosophy of providing states with flexibility 
over laws of public safety.
  I encourage all members to join with me in supporting this 
legislation.

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