Title: Miranda's Law
Policy area: Transportation and Public Works

Summary:
Miranda Vargas School Bus Driver Red Flag Act or Miranda's Law
This bill directs the Federal Motor Carrier Safety Administration to issue a final rule requiring the implementation of a national employer notification service that states may access. The term "employer notification service" means a service that automatically provides a report to an employer (with notice to the employee involved) on the change in the status of the driving record or license of an employee who has a commercial driver's license due to a conviction, license suspension or revocation, or any other action taken against the driving privilege.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3603 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3603

To require the Federal Motor Carrier Safety Administration to implement 
               a national employer notification service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2018

  Mr. Booker (for himself and Mr. Menendez) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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) Definitions.--In this section:
            (1) 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 
        violation, a failure to appear, driver's license suspension, 
        driver's license revocation, or any other action taken against 
        the driving privilege.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) National Employer Notification Service.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, acting through the 
        Federal Motor Carrier Safety Administration, shall issue a 
        final rule requiring the implementation of a national employer 
        notification service that States may access.
            (2) Considerations.--Before issuing a final rule under 
        paragraph (1), 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 the report of the AAMVA 
                entitled ``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 the pilot program under section 
                4022 of the Transportation Equity Act for the 21st 
                Century (49 U.S.C. 31309 note; Public Law 105-178)--
                            (i) to assess the feasibility, costs, 
                        safety impacts, and benefits of a system 
                        similar to the pilot program; and
                            (ii) to assess methods for efficient 
                        exchange of driver safety data from existing 
                        State systems.
            (3) Requirements.--
                    (A) Employer compliance.--As part of the final rule 
                under paragraph (1), the Secretary shall 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 (or successor regulations), 
                to participate in the national employer notification 
                service.
                    (B) Driver notification.--
                            (i) Simultaneous driver notification.--As 
                        part of the final rule under paragraph (1), the 
                        Secretary shall ensure that whenever the 
                        national employer notification service provides 
                        to an employer a report on an employee, that 
                        employee shall receive simultaneous 
                        notification and a complete copy of the report.
                            (ii) Form.--An employee described in clause 
                        (i) shall be notified under that clause--
                                    (I) 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 employee; or
                                    (II) on request of the employee, by 
                                mail sent to an alternative address or 
                                by alternative means, including 
                                electronic mail.
                            (iii) Driver access to information.--Except 
                        as otherwise prohibited by law, 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 employee.
                    (C) Procedures for correcting information.--As part 
                of the final rule under paragraph (1), the Secretary 
                shall ensure that an employee may, at no cost to the 
                employee--
                            (i) challenge inaccurate information 
                        retained or disseminated by the national 
                        employer notification service;
                            (ii) request expedited treatment to correct 
                        inaccurate information retained or disseminated 
                        by the national employer notification service, 
                        if that inaccurate information is preventing 
                        the employee from performing safety-sensitive 
                        functions; and
                            (iii) request that the Secretary--
                                    (I) 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 conviction; 
                                and
                                    (II) notify the employer of the 
                                employee of the removal of that 
                                information.
                    (D) 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 31313(a)(2) of title 49, 
                United States Code.
    (c) State Implementation.--
            (1) Implementation.--Each State and employer described in 
        subsection (b)(3)(A) shall begin use of the national employer 
        notification service by not later than 2 years after the date 
        on which Secretary establishes the national employer 
        notification service pursuant to the final rule under 
        subsection (b)(1).
            (2) Enforcement.--Beginning not later than 2 years after 
        the date on which the Secretary establishes the national 
        employment notification service pursuant to the final rule 
        under subsection (b)(1), the Secretary shall ensure that the 
        national employer notification service is included as part of 
        the requirements and standards of the commercial driver license 
        program, including the consequences of State noncompliance, 
        under part 384 of title 49, Code of Federal Regulations (or 
        successor regulations).
            (3) Annual inquiry exemption.--In accordance with the 
        regulatory guidance issued by the Federal Motor Carrier Safety 
        Administration entitled ``Driver Qualifications; Regulatory 
        Guidance Concerning the Use of Computerized Employer 
        Notification Systems for the Annual Inquiry and Review of 
        Driving Records'' (80 Fed. Reg. 13069 (March 12, 2015)), 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 391.25 of title 49, Code of Federal 
        Regulations (or successor regulations).
    (d) Applicability to Schools and School Districts.--
            (1) In general.--For purposes of this section, a school 
        district, local educational agency, or school shall be 
        considered to be an ``employer'' for purposes of the national 
        employer notification service if the school district, local 
        educational agency, or school organizes, sponsors, or pays for 
        the transportation of preprimary, primary, or secondary 
        students to or from school or on extracurricular trips.
            (2) Treatment of private entity.--For purposes of this 
        section, in the case of a school district, local educational 
        agency, or school that contracts with a private entity to 
        provide transportation services for students traveling to or 
        from school or on an extracurricular trip, the private entity 
        and the school district, local educational agency, or school 
        shall be considered to be an ``employer''.
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