I 

116TH CONGRESS 

1ST SESSION H. R. 2793 

To require the Federal Motor Carrier Safety Administration to implement 

a national employer notification service. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2019 

Mr. GOTTHEIMER (for himself, Mr. REED, Ms. STEFANIK, Mr. COHEN, Mr. 

KILDEE, Mr. CUMMINGS, and Mr. SIRES) 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. 

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 ‘‘Miranda Vargas School 

5 Bus Driver Red Flag Act’’ or ‘‘Miranda’s Law’’. 

6 SEC. 2. NATIONAL EMPLOYER NOTIFICATION SERVICE. 

7 (a) EMPLOYER NOTIFICATION SERVICE DEFINED.— 

8 In this Act, the term ‘‘employer notification service’’ 

9 means a service that automatically furnishes an employer 


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1 with a report on the change in the status of the driving 

2 record or driver’s license of an employee who has a com3 mercial driver’s license due to a conviction for a moving 

4 violation, a failure to appear, an accident, driver’s license 

5 suspension, driver’s license revocation, or any other action 

6 taken against the driving privilege. 

7 (b) IMPLEMENTATION OF NATIONAL EMPLOYER NO8 TIFICATION SERVICE.— 

9 (1) REQUIREMENTS.—Not later than 1 year 

10 after the date of enactment of this Act, the Sec11 retary of Transportation, acting through the Federal 

12 Motor Carrier Safety Administration, shall issue a 

13 final regulation requiring the implementation of a 

14 national employer notification service that States 

15 may access. 

16 (2) CONSIDERATIONS.—Before issuing such 

17 final regulation requiring the implementation of a 

18 national employer notification service, the Secretary 

19 shall consider— 

20 (A) the recommendations made by the 

21 American Association of Motor Vehicle Admin22 istrators (AAMVA), including recommendations 

23 on annual per driver fees for participating em24 ployers, in its report, ‘‘Employer Notification 

25 System Design & Best Practices RecommendaVerDate Sep 11 2014 04:45 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2793.IH H2793

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1 tions’’, produced for the Federal Motor Carrier 

2 Safety Administration under grant/cooperative 

3 agreement number FMCDL–0143–13–01–03; 

4 and 

5 (B) the results of a pilot program con6 ducted in 2007 under section 4022 of the 

7 Transportation Equity Act of the 21st Century 

8 (Public Law 105–178), to assess the feasibility, 

9 costs, safety impacts, and benefits of such a 

10 system, and to assess methods for efficient ex11 change of driver safety data from existing State 

12 systems. 

13 SEC. 3. STATE IMPLEMENTATION. 

14 (a) IMPLEMENTATION.—Not later than 2 years after 

15 the Secretary has issued a final regulation requiring the 

16 implementation of a national employer notification service, 

17 each State shall use such service to notify employers with 

18 a report described in section 2(a). 

19 (b) ENFORCEMENT.—After the 2-year period de20 scribed in subsection (a), the Secretary shall ensure that 

21 the national employer notification service described in this 

22 section is included as part of the requirements and stand23 ards of the commercial driver license program, including 

24 the consequences of noncompliance, set forth in part 384 

25 of title 49, Code of Federal Regulations. 


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1 (c) EMPLOYER COMPLIANCE AND ALLOWABLE

2 GRANT COST.—Included in developing the final regulation 

3 under section 2(a), the Secretary shall— 

4 (1) require any employer who has 1 or more 

5 employees who holds a commercial driver’s license 

6 with a school bus endorsement, pursuant to section 

7 383.123 of title 49, Code of Federal Regulations, to 

8 participate in the employer notification service; and 

9 (2) ensure that State implementation of the em10 ployer notification service is an allowable cost for 

11 commercial driver’s license program implementation 

12 grant awards under section 31313 of title 49, 

13 United States Code. 

14 (d) ANNUAL INQUIRY EXEMPTION.—In keeping with 

15 Federal Motor Carrier Safety Administration regulatory 

16 guidance set forth on page 13069 of volume 80 of the Fed17 eral Register, the Secretary shall ensure that employers 

18 participating in the employer notification service are ex19 empt from the requirements for annual inquiry and review 

20 of driving record, pursuant to part 391.25 of title 49, 

21 Code of Federal Regulations. 

22 SEC. 4. APPLICABILITY TO SCHOOLS AND SCHOOL DIS23 TRICTS. 

24 For purposes of this Act, a school district, local edu25 cational agency, or school shall be considered an ‘‘emVerDate Sep 11 2014 04:45 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2793.IH H2793

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1 ployer’’ for purposes of the national employer notification 

2 service if it organizes, sponsors, or pays for the transpor3 tation of preprimary, primary, and secondary students to 

4 or from school or on extracurricular trips. In the case of 

5 a school district, local educational agency, or school that 

6 pays a private company or proprietorship to provide trans7 portation services for students traveling to or from school 

8 or on a extracurricular trip, both the private company or 

9 proprietorship and the school district, local educational 

10 agency, or school shall be considered ‘‘employers’’ for pur11 poses of the national employer notification service. 

12 SEC. 5. SIMULTANEOUS DRIVER NOTIFICATION. 

13 Included in developing the final regulation under sec14 tion 2(a), the Secretary shall ensure that whenever the 

15 national employer notification service furnishes an em16 ployer with a report on an employee, such employee shall 

17 receive simultaneous notification and a copy of the report. 

Æ 


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