[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9471 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9471
To require the Federal Motor Carrier Safety Administration to implement
a national employer notification service.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 6, 2024
Mr. Gottheimer (for himself, Mr. Lawler, Ms. Norton, Mr. Moskowitz, and
Ms. Tokuda) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Federal Motor Carrier Safety Administration to implement
a national employer notification service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miranda Vargas School Bus Driver Red
Flag Act'' or ``Miranda's Law''.
SEC. 2. NATIONAL EMPLOYER NOTIFICATION SERVICE.
(a) Employer Notification Service Defined.--In this Act, the term
``employer notification service'' means a service that automatically
furnishes an employer with 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 violation, a failure
to appear, an accident, driver's license suspension, driver's license
revocation, or any other action taken against the driving privilege.
(b) Implementation of National Employer Notification Service.--
(1) Requirements.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, acting
through the Federal Motor Carrier Safety Administration, shall
issue a final regulation requiring the implementation of a
national employer notification service that States may access.
(2) Considerations.--Before issuing such final regulation
requiring the implementation of a national employer
notification service, the Secretary shall consider--
(A) the recommendations made by the American
Association of Motor Vehicle Administrators (AAMVA),
including recommendations on annual per driver fees for
participating employers, in its report, ``Employer
Notification System Design & Best Practices
Recommendations'', produced for the Federal Motor
Carrier Safety Administration under grant/cooperative
agreement number FMCDL-0143-13-01-03; and
(B) the results of a pilot program conducted in
2007 under section 4022 of the Transportation Equity
Act of the 21st Century (Public Law 105-178), to assess
the feasibility, costs, safety impacts, and benefits of
such a system, and to assess methods for efficient
exchange of driver safety data from existing State
systems.
SEC. 3. STATE IMPLEMENTATION.
(a) Implementation.--Not later than 2 years after the Secretary has
issued a final regulation requiring the implementation of a national
employer notification service, each State shall use such service to
notify employers with a report described in section 2(a).
(b) Enforcement.--After the 2-year period described in subsection
(a), the Secretary shall ensure that the national employer notification
service described in this section is included as part of the
requirements and standards of the commercial driver license program,
including the consequences of noncompliance, set forth in part 384 of
title 49, Code of Federal Regulations.
(c) Employer Compliance and Allowable Grant Cost.--Included in
developing the final regulation under section 2(a), the Secretary
shall--
(1) require any employer who has 1 or more employees who
holds a commercial driver's license with a school bus
endorsement, pursuant to section 383.123 of title 49, Code of
Federal Regulations, to participate in the employer
notification service; and
(2) ensure that State implementation of the employer
notification service is an allowable cost for commercial
driver's license program implementation grant awards under
section 31313 of title 49, United States Code.
(d) Annual Inquiry Exemption.--In keeping with Federal Motor
Carrier Safety Administration regulatory guidance set forth on page
13069 of volume 80 of the Federal Register, the Secretary shall ensure
that employers participating in the employer notification service are
exempt from the requirements for annual inquiry and review of driving
record, pursuant to part 391.25 of title 49, Code of Federal
Regulations.
SEC. 4. APPLICABILITY TO SCHOOLS AND SCHOOL DISTRICTS.
For purposes of this Act, a school district, local educational
agency, or school shall be considered an ``employer'' for purposes of
the national employer notification service if it organizes, sponsors,
or pays for the transportation of preprimary, primary, and secondary
students to or from school or on extracurricular trips. In the case of
a school district, local educational agency, or school that pays a
private company or proprietorship to provide transportation services
for students traveling to or from school or on a extracurricular trip,
both the private company or proprietorship and the school district,
local educational agency, or school shall be considered ``employers''
for purposes of the national employer notification service.
SEC. 5. SIMULTANEOUS DRIVER NOTIFICATION.
Included in developing the final regulation under section 2(a), the
Secretary shall ensure that whenever the national employer notification
service furnishes an employer with a report on an employee, such
employee shall receive simultaneous notification and a copy of the
report.
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