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.