[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5070-S5071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5681. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE _____--DRIVING FOR OPPORTUNITY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Driving for Opportunity 
     Act of 2021''.

     SEC. ___02. FINDINGS.

       Congress finds the following:
       (1) Driving a vehicle is an essential aspect of the daily 
     lives of most people in the United States.
       (2) Driving is often required to access jobs and 
     healthcare, take care of family, get groceries, and fulfill 
     other basic responsibilities.
       (3) In many small cities, towns, and rural areas that do 
     not have public transportation and ridesharing alternatives, 
     driving is often the only realistic means of transportation.
       (4) Even in cities with public transportation and 
     ridesharing options, individuals vulnerable to infection 
     during the COVID-19 pandemic and those complying with public 
     health guidance regarding social distancing are increasingly 
     reliant on driving as their primary means of transportation 
     for essential travel.
       (5) In the United States, millions of Americans have had 
     their driver's licenses suspended for unpaid court fines and 
     fees.
       (6) A person whose driver's license is suspended or revoked 
     for unpaid fines and fees will often find it more difficult 
     to earn a living and therefore pay the debt owed to the 
     government.
       (7) The barrier to employment posed by driver's license 
     suspensions and revocations for unpaid fines and fees is 
     especially problematic during the COVID-19 pandemic, when the 
     unemployment rate is the highest it has been since the Great 
     Depression.
       (8) Drunk and dangerous driving are some of the leading 
     causes of death and serious bodily injury in the United 
     States, and promoting safety on the roads is a legitimate, 
     necessary, and core governmental function. Suspending a 
     license for unsafe driving conduct presents different 
     considerations than suspending a license for unpaid fines and 
     fees. Suspending a license for unsafe driving is an 
     appropriate tool to protect public safety. Policymakers also 
     may consider alternatives to suspension of a license for 
     unsafe driving such as ignition interlock device programs.
       (9) According to the National Highway Traffic Safety 
     Administration, every year on average, over 34,000 people are 
     killed and 2,400,000 more people are injured in motor vehicle 
     crashes. Some of the major causes of these crashes include 
     speeding, impaired driving, and distracted driving. Nearly 
     half of passenger vehicle occupants killed in crashes are 
     unrestrained. The societal harm caused by motor vehicle 
     crashes has been valued at $836,000,000,000 annually. The 
     enactment of, enforcement of, and education regarding traffic 
     laws are key to addressing unsafe behavior and promoting 
     public safety.
       (10) However, most driver's license suspensions are not 
     based on the need to protect public safety.
       (11) In the State of Florida, 1,100,000 residents received 
     a suspension notice for unpaid fines and fees in 2017 alone.
       (12) Between 2010 and 2017, all but 3 States increased the 
     amount of fines and fees for civil and criminal violations.
       (13) In the United States, 40 percent of all driver's 
     license suspensions are issued for conduct that was unrelated 
     to driving.
       (14) In 2015, the State of Washington calculated that State 
     troopers spent 70,848 hours dealing with license suspensions 
     for non-driving offenses.
       (15) The American Association of Motor Vehicle 
     Administrators estimated that arresting a person for driving 
     with a suspended license can take 9 hours of an officer's 
     time, including waiting for a tow truck, transporting an 
     individual to jail, filling out paperwork, making a court 
     appearance, and other administrative duties and accordingly 
     Washington State Patrol Chief John Batiste called non-driving 
     suspensions a ``drain on the system as a whole''.
       (16) The Colorado Department of Motor Vehicles determined 
     that suspending driver's licenses for offenses unrelated to 
     driving consumed 8,566 hours per year of staff time in the 
     Department.
       (17) Many States impose a significant fee for reinstating a 
     suspended driver's license, such as Alabama, where the fee is 
     $275.
       (18) Driving on a suspended license is one of the most 
     common criminal charges in jurisdictions across the country.
       (19) Seventy-five percent of those with suspended licenses 
     report continuing to drive.
       (20) It is more likely that those people are also driving 
     without insurance due to the costs and restrictions 
     associated with obtaining auto insurance on a suspended 
     license, thereby placing a greater financial burden on other 
     drivers when a driver with a suspended license causes an 
     accident.
       (21) The American Association of Motor Vehicle 
     Administrators has concluded the following: ``Drivers who 
     have been suspended for social non-conformance-related 
     offenses are often trapped within the system. Some cannot 
     afford to pay the original fines, and may lose their ability 
     to legally get to and from work as a result of the 
     suspension. Many make the decision to drive while suspended. 
     The suspension results in increased

[[Page S5071]]

     financial obligations through new requirements such as 
     reinstatement fees, court costs, and other penalties. While 
     there is a clear societal interest in keeping those who are 
     unfit to drive off the roads, broadly restricting licenses 
     for violations unrelated to an individual's ability to drive 
     safely may do more harm than good. This is especially true in 
     areas of the country that lack alternative means of 
     transportation. For those individuals, a valid driver license 
     can be a means to survive. Local communities, employers, and 
     employees all experience negative consequences as a result of 
     social non-conformity suspensions, including unemployment, 
     lower wages, fewer employment opportunities and hiring 
     choices, and increased insurance costs.''.
       (22) A report by the Harvard Law School Criminal Justice 
     Policy Program concluded the following: ``The suspension of a 
     driver's or professional license is one of the most pervasive 
     poverty traps for poor people assessed a fine that they 
     cannot afford to pay. The practice is widespread. Nearly 40 
     percent of license suspensions nationwide stem from unpaid 
     fines, missed child support payments, and drug offenses--not 
     from unsafe or intoxicated driving or failing to obtain 
     automotive insurance. Suspension of a driver's or 
     professional licenses is hugely counterproductive; it 
     punishes non-payment by taking away a person's means for 
     making a living. License suspension programs are also 
     expensive for States to run and they distract law enforcement 
     efforts from priorities related to public safety. License 
     suspensions may also be unconstitutional if the license was 
     suspended before the judge determined the defendant had the 
     ability to pay the criminal justice debt.''.

     SEC. ___03. GRANTS FOR DRIVER'S LICENSES REINSTATEMENT 
                   PROGRAMS.

       Subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is 
     amended--
       (1) in section 501(a) (34 U.S.C. 10152(a)), by adding at 
     the end the following:
       ``(3) Grants for driver's license reinstatement programs.--
       ``(A) In general.--In addition to grants made under 
     paragraph (1), the Attorney General may make grants to States 
     described in subparagraph (B) to cover costs incurred by the 
     State to reinstate or renew driver's licenses or motor 
     vehicle registrations previously suspended, revoked, or 
     failed to be renewed for unpaid civil or criminal fines or 
     fees.
       ``(B) States described.--A State described in this 
     subparagraph is a State that--
       ``(i) does not have in effect any State or local law that 
     permits--

       ``(I) the suspension or revocation of, or refusal to renew, 
     a driver's license of an individual based on the individual's 
     failure to pay a civil or criminal fine or fee; or
       ``(II) the refusal to renew the registration of a motor 
     vehicle based on the owner's failure to pay a civil or 
     criminal fine or fee; and

       ``(ii) during the 3-year period ending on the date on which 
     the State applies for or receives a grant under this 
     paragraph, has repealed a State or local law that permitted 
     the suspension or revocation of, or refusal to renew, 
     driver's licenses or the registration of a motor vehicle 
     based on the failure to pay civil or criminal fines or fees.
       ``(C) Criteria.--The Attorney General shall award grants 
     under this paragraph to States described in subparagraph (B) 
     that submit a plan to reinstate or renew driver's licenses or 
     motor vehicle registrations previously suspended, revoked, or 
     failed to be renewed for unpaid civil or criminal fines or 
     fees--
       ``(i) to maximize the number of individuals with suspended 
     or revoked driver's licenses or motor vehicle registrations 
     eligible to have driving privileges reinstated or regained;
       ``(ii) to provide assistance to individuals living in areas 
     where public transportation options are limited; and
       ``(iii) to ease the burden on States where the State or 
     local law described in subparagraph (B)(ii) was in effect 
     during the 3-year period ending on the date on which a State 
     applies for a grant under this paragraph in accordance with 
     section 502.
       ``(D) Amount.--Each grant awarded under this paragraph 
     shall be not greater than 5 percent of the amount allocated 
     to the State in accordance with the formula established under 
     section 505.
       ``(E) Report.--Not later than 1 year after the date on 
     which a grant is made to a State under this paragraph, the 
     State shall submit to the Attorney General a report that 
     describes the actions of the State to carry out activities 
     described in subparagraph (A), including with respect to--
       ``(i) the population served by the program;
       ``(ii) the number of driver's licenses and motor vehicle 
     registrations reinstated or renewed under the program; and
       ``(iii) all costs to the State of the program, including 
     how the grants under this paragraph were spent to defray such 
     costs.''; and
       (2) in section 508--
       (A) by striking ``There'' and inserting ``(a) In General.--
     There''; and
       (B) by adding at the end the following:
       ``(b) Driver's License Reinstatement Programs.--There is 
     authorized to be appropriated to carry out section 501(a)(3) 
     $10,000,000 for each of fiscal years 2022 through 2026.''.

     SEC. ___04. GAO STUDY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the implementation of the grant 
     program in paragraph (3) of section 501(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10152(a)), as added by section ___03(a) of this title, that--
       (1) includes what is known about the effect of repealing 
     State laws, in selected States, that had permitted the 
     suspension or revocation of, or refusal to renew, driver's 
     licenses or the registration of a motor vehicle based on the 
     failure to pay civil or criminal fines or fees, including 
     such factors, to the extent information is available, as--
       (A) the collection of fines and fees;
       (B) the usage of law enforcement resources;
       (C) economic mobility and unemployment;
       (D) rates of enforcement of traffic safety laws through the 
     tracking of number of summonses and violations issued 
     (including those related to automated enforcement 
     technologies);
       (E) the use of suspensions for public safety-related 
     reasons (including reckless driving, speeding, and driving 
     under the influence);
       (F) safety-critical traffic events (including in localities 
     with automated enforcement programs);
       (G) the rates of license suspensions and proportion of 
     unlicensed drivers;
       (H) racial and geographic disparities; and
       (I) administrative costs (including costs associated with 
     the collection of fines and fees and with the reinstatement 
     of driver's licenses); and
       (2) includes what is known about--
       (A) existing alternatives to driver's license suspension as 
     methods of enforcement and collection of unpaid fines and 
     fees; and
       (B) existing alternatives to traditional driver's license 
     suspension for certain kinds of unsafe driving, including 
     models that allow drivers to continue to drive legally while 
     pursuing driver improvement opportunities.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on the Judiciary and the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on the Judiciary and the Committee on 
     Transportation and Infrastructure a report on the study 
     required under subsection (a).

     SEC. ___05. REPEAL.

       (a) In General.--Section 159 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 159.
                                 ______