[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10021-S10022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6615. Mr. COONS submitted an amendment intended to be proposed by 
     him to the bill H.R. 2617, to amend section 1115 of title 31, United 
     States Code, to amend the description of how performance goals are 
     achieved, and for other purposes; which was ordered to lie on the 
     table; as follows:
     
            At the end, add the following:
     
                       DIVISION KK--DRIVING FOR OPPORTUNITY
     
          SEC. 101. SHORT TITLE.
     
            This division may be cited as the ``Driving for Opportunity 
          Act of 2022''.
     
          SEC. 102. 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.
     
     [[Page S10022]]
     
            (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 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. 103. 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.
            ``(F) Additional analysis.--Not later than 2 years after 
          the date on which a grant is made to a State under this 
          paragraph, the State shall submit to the Attorney General an 
          analysis of the impact of the program on the collections of 
          civil or criminal fines or fees.''; 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. 104. 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 103(a) of this division, 
          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. 105. 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.
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