Driving for Opportunity Act of 2021

II Calendar No. 260 117TH CONGRESS 2D SESSION S. 998 To provide grants to States that do not suspend, revoke, or refuse to renew a driver’s license of a person or refuse to renew a registration of a motor vehicle for failure to pay a civil or criminal fine or fee, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2021 Mr. COONS (for himself, Mr. WICKER, Mr. DURBIN, Mr. GRASSLEY, Mr. VAN HOLLEN, Mr. BOOZMAN, Mr. BLUMENTHAL, Ms. ERNST, Mr. WYDEN, Mr. LANKFORD, Mr. TILLIS, Mr. BOOKER, Mr. WHITEHOUSE, and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on the Judiciary FEBRUARY 3, 2022 Reported by Mr. DURBIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To provide grants to States that do not suspend, revoke, or refuse to renew a driver’s license of a person or refuse to renew a registration of a motor vehicle for failure to pay a civil or criminal fine or fee, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 998 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Driving for Oppor- 2 tunity Act of 2021’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Driving a vehicle is an essential aspect of 6 the daily lives of most people in the United States. 7 (2) Driving is often required to access jobs and 8 healthcare, take care of family, get groceries, and 9 fulfill other basic responsibilities. 10 (3) In many small cities, towns, and rural areas 11 that do not have public transportation and ride- 12 sharing alternatives, driving is often the only real- 13 istic means of transportation. 14 (4) Even in cities with public transportation 15 and ridesharing options, individuals vulnerable to in- 16 fection during the COVID–19 pandemic and those 17 complying with public health guidance regarding so- 18 cial distancing are increasingly reliant on driving as 19 their primary means of transportation for essential 20 travel. 21 (5) In the United States, millions of Americans 22 have had their driver’s licenses suspended for unpaid 23 court fines and fees. 24 (6) A person whose driver’s license is suspended 25 or revoked for unpaid fines and fees will often find 26 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 998 RS it more difficult to earn a living and therefore pay 1 the debt owed to the government. 2 (7) The barrier to employment posed by driver’s 3 license suspensions and revocations for unpaid fines 4 and fees is especially problematic during the 5 COVID–19 pandemic, when the unemployment rate 6 is the highest it has been since the Great Depres- 7 sion. 8 (8) Drunk and dangerous driving are some of 9 the leading causes of death and serious bodily injury 10 in the United States, and promoting safety on the 11 roads is a legitimate, necessary, and core govern- 12 mental function. Suspending a license for unsafe 13 driving conduct presents different considerations 14 than suspending a license for unpaid fines and fees. 15 Suspending a license for unsafe driving is an appro- 16 priate tool to protect public safety. Policymakers 17 also may consider alternatives to suspension of a li- 18 cense for unsafe driving such as ignition interlock 19 device programs. 20 (9) According to the National Highway Traffic 21 Safety Administration, every year on average, over 22 34,000 people are killed and 2,400,000 more people 23 are injured in motor vehicle crashes. Some of the 24 major causes of these crashes include speeding, im- 25 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 998 RS paired driving, and distracted driving. Nearly half of 1 passenger vehicle occupants killed in crashes are un- 2 restrained. The societal harm caused by motor vehi- 3 cle crashes has been valued at $836,000,000,000 an- 4 nually. The enactment of, enforcement of, and edu- 5 cation regarding traffic laws are key to addressing 6 unsafe behavior and promoting public safety. 7 (10) However, most driver’s license suspensions 8 are not based on the need to protect public safety. 9 (11) In the State of Florida, 1,100,000 resi- 10 dents received a suspension notice for unpaid fines 11 and fees in 2017 alone. 12 (12) Between 2010 and 2017, all but 3 States 13 increased the amount of fines and fees for civil and 14 criminal violations. 15 (13) In the United States, 40 percent of all 16 driver’s license suspensions are issued for conduct 17 that was unrelated to driving. 18 (14) In 2015, the State of Washington cal- 19 culated that State troopers spent 70,848 hours deal- 20 ing with license suspensions for non-driving offenses. 21 (15) The American Association of Motor Vehi- 22 cle Administrators estimated that arresting a person 23 for driving with a suspended license can take 9 24 hours of an officer’s time, including waiting for a 25 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 998 RS tow truck, transporting an individual to jail, filling 1 out paperwork, making a court appearance, and 2 other administrative duties and accordingly Wash- 3 ington State Patrol Chief John Batiste called non- 4 driving suspensions a ‘‘drain on the system as a 5 whole’’. 6 (16) The Colorado Department of Motor Vehi- 7 cles determined that suspending driver’s licenses for 8 offenses unrelated to driving consumed 8,566 hours 9 per year of staff time in the Department. 10 (17) Many States impose a significant fee for 11 reinstating a suspended driver’s license, such as Ala- 12 bama, where the fee is $275. 13 (18) Driving on a suspended license is one of 14 the most common criminal charges in jurisdictions 15 across the country. 16 (19) Seventy-five percent of those with sus- 17 pended licenses report continuing to drive. 18 (20) It is more likely that those people are also 19 driving without insurance due to the costs and re- 20 strictions associated with obtaining auto insurance 21 on a suspended license, thereby placing a greater fi- 22 nancial burden on other drivers when a driver with 23 a suspended license causes an accident. 24 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 998 RS (21) The American Association of Motor Vehi- 1 cle Administrators has concluded the following: 2 ‘‘Drivers who have been suspended for social non- 3 conformance-related offenses are often trapped with- 4 in the system. Some cannot afford to pay the origi- 5 nal fines, and may lose their ability to legally get to 6 and from work as a result of the suspension. Many 7 make the decision to drive while suspended. The sus- 8 pension results in increased financial obligations 9 through new requirements such as reinstatement 10 fees, court costs, and other penalties. While there is 11 a clear societal interest in keeping those who are 12 unfit to drive off the roads, broadly restricting li- 13 censes for violations unrelated to an individual’s 14 ability to drive safely may do more harm than good. 15 This is especially true in areas of the country that 16 lack alternative means of transportation. For those 17 individuals, a valid driver license can be a means to 18 survive. Local communities, employers, and employ- 19 ees all experience negative consequences as a result 20 of social non-conformity suspensions, including un- 21 employment, lower wages, fewer employment oppor- 22 tunities and hiring choices, and increased insurance 23 costs.’’. 24 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 998 RS (22) A report by the Harvard Law School 1 Criminal Justice Policy Program concluded the fol- 2 lowing: ‘‘The suspension of a driver’s or professional 3 license is one of the most pervasive poverty traps for 4 poor people assessed a fine that they cannot afford 5 to pay. The practice is widespread. Nearly 40 per- 6 cent of license suspensions nationwide stem from un- 7 paid fines, missed child support payments, and drug 8 offenses—not from unsafe or intoxicated driving or 9 failing to obtain automotive insurance. Suspension of 10 a driver’s or professional licenses is hugely counter- 11 productive; it punishes non-payment by taking away 12 a person’s means for making a living. License sus- 13 pension programs are also expensive for States to 14 run and they distract law enforcement efforts from 15 priorities related to public safety. License suspen- 16 sions may also be unconstitutional if the license was 17 suspended before the judge determined the defend- 18 ant had the ability to pay the criminal justice debt.’’. 19 SEC. 3. GRANTS FOR DRIVER’S LICENSES REINSTATEMENT 20 PROGRAMS. 21 Subpart 1 of part E of title I of the Omnibus Crime 22 Control and Safe Streets Act of 1968 (34 U.S.C. 10151 23 et seq.) is amended— 24 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 998 RS (1) in section 501(a) (34 U.S.C. 10152(a)), by 1 adding at the end the following: 2 ‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN- 3 STATEMENT PROGRAMS.— 4 ‘‘(A) IN GENERAL.—In addition to grants 5 made under paragraph (1), the Attorney Gen- 6 eral may make grants to States described in 7 subparagraph (B) to cover costs incurred by the 8 State to reinstate driver’s licenses previously 9 suspended for unpaid fines and fees. 10 ‘‘(B) STATES DESCRIBED.—A State de- 11 scribed in this subparagraph is a State that— 12 ‘‘(i) does not have in effect any State 13 or local law that permits— 14 ‘‘(I) the suspension or revocation 15 of, or refusal to renew, a driver’s li- 16 cense of an individual based on the in- 17 dividual’s failure to pay a civil or 18 criminal fine or fee; or 19 ‘‘(II) the refusal to renew the 20 registration of a motor vehicle based 21 on the owner’s failure to pay a civil or 22 criminal fine or fee; and 23 ‘‘(ii) during the 3-year period ending 24 on the date on which the State applies for 25 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 998 RS or receives a grant under this paragraph, 1 has repealed a State or local law that per- 2 mitted the suspension or revocation of, or 3 refusal to renew, driver’s licenses or the 4 registration of a motor vehicle based on 5 the failure to pay civil or criminal fines or 6 fees. 7 ‘‘(C) CRITERIA.—The Attorney General 8 shall award grants under this section to eligible 9 States that submit a plan to reinstate driver’s 10 licenses previously suspended for unpaid fines 11 and fees— 12 ‘‘(i) to maximize the number of indi- 13 viduals with suspended driver’s licenses eli- 14 gible to have driving privileges reinstated 15 or regained; 16 ‘‘(ii) to provide assistance to individ- 17 uals living in areas where public transpor- 18 tation options are limited; and 19 ‘‘(iii) to ease the burden on States 20 where the State or local law described in 21 subparagraph (B) was in effect during the 22 3-year period ending on the date on which 23 a State applies for a grant under this 24 paragraph in accordance with section 502. 25 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 998 RS ‘‘(D) AMOUNT.—Each grant awarded 1 under this paragraph shall be not greater than 2 5 percent of the amount allocated to the State 3 in accordance with the formula established 4 under section 505. 5 ‘‘(E) REPORT.—Not later than 1 year 6 after the date on which a grant is made to a 7 State under this paragraph, the State shall sub- 8 mit to the Attorney General a report that de- 9 scribes the program implemented under sub- 10 paragraph (A), including with respect to— 11 ‘‘(i) the population served by the pro- 12 gram; 13 ‘‘(ii) the number of driver’s licenses 14 reinstated under the program; and 15 ‘‘(iii) all costs to the State of the pro- 16 gram, including how the grants under this 17 paragraph were spent to defray such 18 costs.’’; and 19 (2) in section 508— 20 (A) by striking ‘‘There’’ and inserting ‘‘(a) 21 In General.—There’’; and 22 (B) by adding at the end the following: 23 ‘‘(b) DRIVER’S LICENSE REINSTATEMENT PRO- 24 GRAMS.—There is authorized to be appropriated to carry 25 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 998 RS out section 501(a)(3) $20,000,000 for each of fiscal years 1 2021 through 2025.’’. 2 SEC. 4. GAO STUDY. 3 (a) STUDY.—The Comptroller General of the United 4 States shall conduct a study of the implementation of the 5 grant program in paragraph (3) of section 501(a) of the 6 Omnibus Crime Control and Safe Streets Act of 1968 (34 7 U.S.C. 10152(a)), as added by section 3(a) of this Act, 8 that— 9 (1) includes what is known about the effect of 10 repealing State laws, in selected States, that had 11 permitted the suspension or revocation of, or refusal 12 to renew, driver’s licenses or the registration of a 13 motor vehicle based on the failure to pay civil or 14 criminal fines or fees, including such factors, to the 15 extent information is available, as— 16 (A) the collection of fines and fees; 17 (B) the usage of law enforcement re- 18 sources; 19 (C) economic mobility and unemployment; 20 (D) rates of enforcement of traffic safety 21 laws through the tracking of number of sum- 22 monses and violations issued (including those 23 related to automated enforcement technologies); 24 VerDate Sep 11 2014 20:46 Feb 03, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S998.RS S998 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 998 RS (E) the use of suspensions for public safe- 1 ty-related reasons (including reckless driving, 2 speeding, and driving under the influence); 3 (F) safety-critical traffic events (including 4 in localities with automated enforcement pro- 5 grams); 6 (G) the rates of license suspensions and 7 proportion of unlicensed drivers; 8 (H) racial and geographic disparities; and 9 (I) administrative costs (including costs as- 10 sociate [Text truncated for display. 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