I 

116TH CONGRESS 

2D SESSION H. R. 8881 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2020 

Ms. SCANLON (for herself, Mr. FITZPATRICK, Mr. RESCHENTHALER, and Ms. 

MOORE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Driving for Oppor5 tunity Act of 2020’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Driving a vehicle is an essential aspect of 

4 the daily lives of most people in the United States. 

5 (2) Driving is often required to access jobs and 

6 healthcare, take care of family, get groceries, and 

7 fulfill other basic responsibilities. 

8 (3) In many small cities, towns, and rural areas 

9 that do not have public transportation and ride10 sharing alternatives, driving is often the only real11 istic means of transportation. 

12 (4) Even in cities with public transportation 

13 and ridesharing options, individuals vulnerable to in14 fection during the COVID–19 pandemic and those 

15 complying with public health guidance regarding so16 cial distancing are increasingly reliant on driving as 

17 their primary means of transportation for essential 

18 travel. 

19 (5) In the United States, millions of Americans 

20 have had their driver’s licenses suspended for unpaid 

21 court fines and fees. 

22 (6) A person whose driver’s license is suspended 

23 or revoked for unpaid fines and fees will often find 

24 it more difficult to earn a living and therefore pay 

25 the debt owed to the government. 


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1 (7) The barrier to employment posed by driver’s 

2 license suspensions and revocations for unpaid fines 

3 and fees is especially problematic during the 

4 COVID–19 pandemic, when the unemployment rate 

5 is the highest it has been since the Great Depres6 sion. 

7 (8) Drunk and dangerous driving are some of 

8 the leading causes of death and serious bodily injury 

9 in the United States, and promoting safety on the 

10 roads is a legitimate, necessary, and core govern11 mental function. Suspending a license for unsafe 

12 driving conduct presents different considerations 

13 than suspending a license for unpaid fines and fees. 

14 Suspending a license for unsafe driving is an appro15 priate tool to protect public safety. Policymakers 

16 also may consider alternatives to suspension of a li17 cense for unsafe driving such as ignition interlock 

18 device programs. 

19 (9) According to the National Highway Traffic 

20 Safety Administration, every year on average, over 

21 34,000 people are killed and 2,400,000 more people 

22 are injured in motor vehicle crashes. Some of the 

23 major causes of these crashes include speeding, im24 paired driving, and distracted driving. Nearly half of 

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1 restrained. The societal harm caused by motor vehi2 cle crashes has been valued at $836 billion annually. 

3 The enactment of, enforcement of, and education re4 garding traffic laws are key to addressing unsafe be5 havior and promoting public safety. 

6 (10) However, most driver’s license suspensions 

7 are not based on the need to protect public safety. 

8 (11) In the State of Florida, 1,100,000 resi9 dents received a suspension notice for unpaid fines 

10 and fees in 2017 alone. 

11 (12) Between 2010 and 2017, all but 3 States 

12 increased the amount of fines and fees for civil and 

13 criminal violations. 

14 (13) In the United States, 40 percent of all 

15 driver’s license suspensions are issued for conduct 

16 that was unrelated to driving. 

17 (14) In 2015, the State of Washington cal18 culated that State troopers spent 70,848 hours deal19 ing with license suspensions for non-driving offenses. 

20 (15) The American Association of Motor Vehi21 cle Administrators estimated that arresting a person 

22 for driving with a suspended license can take 9 

23 hours of an officer’s time, including waiting for a 

24 tow truck, transporting an individual to jail, filling 

25 out paperwork, making a court appearance, and 


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1 other administrative duties and accordingly Wash2 ington State Patrol Chief John Batiste called non3 driving suspensions a ‘‘drain on the system as a 

4 whole’’. 

5 (16) The Colorado Department of Motor Vehi6 cles determined that suspending driver’s licenses for 

7 offenses unrelated to driving consumed 8,566 hours 

8 per year of staff time in the Department. 

9 (17) Many States impose a significant fee for 

10 reinstating a suspended driver’s license, such as Ala11 bama, where the fee is $275. 

12 (18) Driving on a suspended license is one of 

13 the most common criminal charges in jurisdictions 

14 across the country. 

15 (19) Seventy-five percent of those with sus16 pended licenses report continuing to drive. 

17 (20) It is more likely that those people are also 

18 driving without insurance due to the costs and re19 strictions associated with obtaining auto insurance 

20 on a suspended license, thereby placing a greater fi21 nancial burden on other drivers when a driver with 

22 a suspended license causes an accident. 

23 (21) The American Association of Motor Vehi24 cle Administrators has concluded the following: 

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1 conformance-related offenses are often trapped with2 in the system. Some cannot afford to pay the origi3 nal fines, and may lose their ability to legally get to 

4 and from work as a result of the suspension. Many 

5 make the decision to drive while suspended. The sus6 pension results in increased financial obligations 

7 through new requirements such as reinstatement 

8 fees, court costs, and other penalties. While there is 

9 a clear societal interest in keeping those who are 

10 unfit to drive off the roads, broadly restricting li11 censes for violations unrelated to an individual’s 

12 ability to drive safely may do more harm than good. 

13 This is especially true in areas of the country that 

14 lack alternative means of transportation. For those 

15 individuals, a valid driver license can be a means to 

16 survive. Local communities, employers, and employ17 ees all experience negative consequences as a result 

18 of social non-conformity suspensions, including un19 employment, lower wages, fewer employment oppor20 tunities and hiring choices, and increased insurance 

21 costs.’’. 

22 (22) A report by the Harvard Law School 

23 Criminal Justice Policy Program concluded the fol24 lowing: ‘‘The suspension of a driver’s or professional 

25 license is one of the most pervasive poverty traps for 


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1 poor people assessed a fine that they cannot afford 

2 to pay. The practice is widespread. Nearly 40 per3 cent of license suspensions nationwide stem from un4 paid fines, missed child support payments, and drug 

5 offenses—not from unsafe or intoxicated driving or 

6 failing to obtain automotive insurance. Suspension of 

7 a driver’s or professional licenses is hugely counter8 productive; it punishes non-payment by taking away 

9 a person’s means for making a living. License sus10 pension programs are also expensive for States to 

11 run and they distract law enforcement efforts from 

12 priorities related to public safety. License suspen13 sions may also be unconstitutional if the license was 

14 suspended before the judge determined the defend15 ant had the ability to pay the criminal justice debt.’’. 

16 SEC. 3. GRANTS FOR DRIVER’S LICENSES REINSTATEMENT 

17 PROGRAMS. 

18 (a) IN GENERAL.—Subpart 1 of part E of title I of 

19 the Omnibus Crime Control and Safe Streets Act of 1968 

20 (34 U.S.C. 10151 et seq.) is amended— 

21 (1) in section 501(a) (34 U.S.C. 10152(a)), by 

22 adding at the end the following: 

23 ‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN24 STATEMENT PROGRAMS.— 


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1 ‘‘(A) IN GENERAL.—In addition to grants 

2 made under paragraph (1), the Attorney Gen3 eral may make grants to States described in 

4 subparagraph (B) to cover costs incurred by the 

5 State to reinstate driver’s licenses previously 

6 suspended for unpaid fines and fees. 

7 ‘‘(B) STATES DESCRIBED.—A State de8 scribed in this subparagraph is a State that— 

9 ‘‘(i) does not have in effect any State 

10 or local law that permits— 

11 ‘‘(I) the suspension or revocation 

12 of, or refusal to renew, a driver’s li13 cense of an individual based on the in14 dividual’s failure to pay a civil or 

15 criminal fine or fee; or 

16 ‘‘(II) the refusal to renew the 

17 registration of a motor vehicle based 

18 on the owner’s failure to pay a civil or 

19 criminal fine or fee; and 

20 ‘‘(ii) during the 3-year period ending 

21 on the date on which the State applies for 

22 or receives a grant under this paragraph, 

23 has repealed a State or local law that per24 mitted the suspension or revocation of, or 

25 refusal to renew, driver’s licenses or the 


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1 registration of a motor vehicle based on 

2 the failure to pay civil or criminal fines or 

3 fees. 

4 ‘‘(C) CRITERIA.—The Attorney General 

5 shall award grants under this section to eligible 

6 States that submit a plan to reinstate driver’s 

7 licenses previously suspended for unpaid fines 

8 and fees— 

9 ‘‘(i) to maximize the number of indi10 viduals with suspended driver’s licenses eli11 gible to have driving privileges reinstated 

12 or regained; 

13 ‘‘(ii) to provide assistance to individ14 uals living in areas where public transpor15 tation options are limited; and 

16 ‘‘(iii) to ease the burden on States 

17 where the State or local law described in 

18 subparagraph (B) was in effect during the 

19 3-year period ending on the date on which 

20 a State applies for a grant under this 

21 paragraph in accordance with section 502. 

22 ‘‘(D) AMOUNT.—Each grant awarded 

23 under this paragraph shall be not greater than 

24 5 percent of the amount allocated to the State 


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1 in accordance with the formula established 

2 under section 505. 

3 ‘‘(E) REPORT.—Not later than 1 year 

4 after the date on which a grant is made to a 

5 State under this paragraph, the State shall sub6 mit to the Attorney General a report that de7 scribes the program implemented under sub8 paragraph (A), including with respect to— 

9 ‘‘(i) the population served by the pro10 gram; 

11 ‘‘(ii) the number of driver’s licenses 

12 reinstated under the program; and 

13 ‘‘(iii) all costs to the State of the pro14 gram, including how the grants under this 

15 paragraph were spent to defray such 

16 costs.’’; and 

17 (2) in section 508— 

18 (A) by striking ‘‘There’’ and inserting ‘‘(a) 

19 In General.—There’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(b) DRIVER’S LICENSE REINSTATEMENT PRO22 GRAMS.—There is authorized to be appropriated to carry 

23 out section 501(a)(3) $20,000,000 for each of fiscal years 

24 2021 through 2025.’’. 

25 (b) REPEAL.— 


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1 (1) IN GENERAL.—Section 159 of title 23, 

2 United States Code, is repealed. 

3 (2) CLERICAL AMENDMENT.—The analysis for 

4 chapter 1 of title 23, United States Code, is amend5 ed by striking the item relating to section 159. 

6 SEC. 4. GAO STUDY. 

7 (a) STUDY.—The Comptroller General of the United 

8 States shall conduct a study of the implementation of the 

9 grant program in paragraph (3) of section 501(a) of the 

10 Omnibus Crime Control and Safe Streets Act of 1968 (34 

11 U.S.C. 10152(a)), as added by section 3(a) of this Act, 

12 that— 

13 (1) includes what is known about the effect of 

14 repealing State laws, in selected States, that had 

15 permitted the suspension or revocation of, or refusal 

16 to renew, driver’s licenses or the registration of a 

17 motor vehicle based on the failure to pay civil or 

18 criminal fines or fees, including such factors, to the 

19 extent information is available, as— 

20 (A) the collection of fines and fees; 

21 (B) the usage of law enforcement re22 sources; 

23 (C) economic mobility and unemployment; 

24 (D) rates of enforcement of traffic safety 

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1 monses and violations issued (including those 

2 related to automated enforcement technologies); 

3 (E) the use of suspensions for public safe4 ty-related reasons (including reckless driving, 

5 speeding, and driving under the influence); 

6 (F) safety-critical traffic events (including 

7 in localities with automated enforcement pro8 grams); 

9 (G) the rates of license suspensions and 

10 proportion of unlicensed drivers; 

11 (H) racial and geographic disparities; and 

12 (I) administrative costs (including costs as13 sociated with the collection of fines and fees 

14 and with the reinstatement of driver’s licenses); 

15 and 

16 (2) includes what is known about— 

17 (A) existing alternatives to driver’s license 

18 suspension as methods of enforcement and col19 lection of unpaid fines and fees; and 

20 (B) existing alternatives to traditional driv21 er’s license suspension for certain kinds of un22 safe driving, including models that allow drivers 

23 to continue to drive legally while pursuing driv24 er improvement opportunities. 


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1 (b) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Comptroller General of the 

3 United States shall submit to the Committee on the Judi4 ciary and the Committee on Environment and Public 

5 Works of the Senate and the Committee on the Judiciary 

6 and the Committee on Transportation and Infrastructure 

7 of the House of Representatives a report on the study re8 quired under subsection (a). 

Æ 


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