,,ii #aaeth ,,congress #b;d ,session ,s4 #cfjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #aa1 #bjah,mr4 ,booker 7for himself and ,mr4 ,menendez7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,federal ,motor ,carrier ,safety ,administration to implement a national employer notification service4 #a4 ,short title ,this ,act may be cited as the ,miranda ,vargas ,school ,bus ,driver ,red ,flag ,act or ,miranda's ,law4 #b4 ,national employer notification service 7a7 ,definitions ,in this section3 7#a7 ,employer notification service ,the term employer notification service means a service that automatically provides to an employer a report on the change in the status of the driving record or driver's license of an employee who has a commercial driver's license due to a conviction for a moving violation1 a failure to appear1 driver's license suspension1 driver's license revocation1 or any other action taken against the driving privilege4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,national employer notification service 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,federal ,motor ,carrier ,safety ,administration1 shall issue a final rule requiring the implementation of a national employer notification service that ,states may access4 7#b7 ,considerations ,before issuing a final rule under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the recommendations made by the ,american ,association of ,motor ,vehicle ,administrators 7,,aamva71 including recommendations on annual per driver fees for participating employers1 in the report of the ,,aamva entitled ,employer ,notification ,system ,design ,best ,practices ,recommendations1 produced for the ,federal ,motor ,carrier ,safety ,administration under grant_/cooperative agreement number ,,fmcdl-#jadc-ac-ja-jc2 and 7,b7 the results of the pilot program under section #djbb of the ,transportation ,equity ,act for the #bast ,century 7#di ,u4,s4,c4 #cacji note2 ,public ,law #aje-agh7-- 7i7 to assess the feasibility1 costs1 safety impacts1 and benefits of a system similar to the pilot program2 and 7ii7 to assess methods for efficient exchange of driver safety data from existing ,state systems4 7#c7 ,requirements 7,a7 ,employer compliance ,as part of the final rule under paragraph 7#a71 the ,secretary shall require any employer who has #a or more employees who holds a commercial driver's license with a school bus endorsement1 pursuant to section #chc4abc of title #di1 ,code of ,federal ,regulations 7or successor regulations71 to participate in the national employer notification service4 7,b7 ,driver notification 7i7 ,simultaneous driver notification ,as part of the final rule under paragraph 7#a71 the ,secretary shall ensure that whenever the national employer notification service provides to an employer a report on an employee1 that employee shall receive simultaneous notification and a complete copy of the report4 7ii7 ,form ,an employee described in clause 7i7 shall be notified under that clause-- 7,i7 by mail sent to the address on record for the employee with the driver licensing agency in the ,state that issued the commercial driver's license to the employee2 or 7,,ii7 on request of the employee1 by mail sent to an alternative address or by alternative means1 including electronic mail4 7iii7 ,driver access to information ,except as otherwise prohibited by law1 an employee shall be permitted to review information retained or disseminated by the national employer notification service about that employee at no cost to the employee4 7,c7 ,procedures for correcting information ,as part of the final rule under paragraph 7#a71 the ,secretary shall ensure that an employee may1 at no cost to the employee-- 7i7 challenge inaccurate information retained or disseminated by the national employer notification service2 7ii7 request expedited treatment to correct inaccurate information retained or disseminated by the national employer notification service1 if that inaccurate information is preventing the employee from performing safety-sensitive functions2 and 7iii7 request that the ,secretary-- 7,i7 remove information retained by the national employer notification service relating to a traffic citation or arrest if the traffic citation or arrest did not result in a conviction2 and 7,,ii7 notify the employer of the employee of the removal of that information4 7,d7 ,treatment ,the implementation of the national employer notification service in a ,state shall be considered to be an eligible activity for a ,state commercial driver's license program implementation grant award under section #cacac7;a77#b7 of title #di1 ,united ,states ,code4 7c7 ,state implementation 7#a7 ,implementation ,each ,state and employer described in subsection 7b77#c77;,a7 shall begin use of the national employer notification service by not later than #b years after the date on which ,secretary establishes the national employer notification service pursuant to the final rule under subsection 7b77#a74 7#b7 ,enforcement ,beginning not later than #b years after the date on which the ,secretary establishes the national employment notification service pursuant to the final rule under subsection 7b77#a71 the ,secretary shall ensure that the national employer notification service is included as part of the requirements and standards of the commercial driver license program1 including the consequences of ,state noncompliance1 under part #chd of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,annual inquiry exemption ,in accordance with the regulatory guidance issued by the ,federal ,motor ,carrier ,safety ,administration entitled ,driver ,qualifications2 ,regulatory ,guidance ,concerning the ,use of ,computerized ,employer ,notification ,systems for the ,annual ,inquiry and ,review of ,driving ,records 7#hj ,fed4 ,reg4 #acjfi 7,march #ab1 #bjae771 the ,secretary shall ensure that an employer participating in the national employer notification service is exempt from the requirements for annual inquiry and review of driving record pursuant to section #cia4be of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7d7 ,applicability to schools and school districts 7#a7 ,in general ,for purposes of this section1 a school district1 local educational agency1 or school shall be considered to be an employer for purposes of the national employer notification service if the school district1 local educational agency1 or school organizes1 sponsors1 or pays for the transportation of preprimary1 primary1 or secondary students to or from school or on extracurricular trips4 7#b7 ,treatment of private entity ,for purposes of this section1 in the case of a school district1 local educational agency1 or school that contracts with a private entity to provide transportation services for students traveling to or from school or on an extracurricular trip1 the private entity and the school district1 local educational agency1 or school shall be considered to be an employer4