Section 1 Short title
This Act may be cited as the “Motor Carrier Safety Screening Modernization Act”.
Motor Carrier Safety Screening Modernization Act
A BILL
To amend title 49, United States Code, with respect to employment screening for the motor carrier industry, and for other purposes.
Sec. 2 Safety performance history screening
Section 31150 of title 49, United States Code, is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting “or employment” after “preemployment”;
in subsection (b)—
by inserting “operator or” before “operator-applicant” each place it appears; and
in paragraph (2), by inserting “operator’s or” before “operator-applicant’s written consent”; and
in subsection (c)—
in the second sentence—
by striking “preemployment”;
by inserting “operator or” before “operator-applicant”; and
by striking “Use” and inserting the following:
“(2) Voluntary use; limitation—Use”
in the first sentence—
by inserting “driver-related” after “serious”;
by striking “as a preemployment condition”;
by inserting “or operator applicant’s” after “individual operator’s”; and
by striking “The process” and inserting the following:
“(1) In general—The process”
by adding at the end the following:
“(3) Adverse actions—A person may not take an adverse action (as defined in section 603(k) of the Consumer Credit Protection Act (15 U.S.C. 1681a(k))) with respect to an operator or operator-applicant based in whole or in part on the data in the reports provided under subsection (a) from the Motor Carrier Management Information System unless the person provides—
“(A) notice to the operator or operator-applicant consistent with section 604(b)(3) of that Act (15 U.S.C. 1681b(b)(3)); and
“(B) a reasonable period of time for—
“(i) the operator to initiate an appeal under subsection (e); and
“(ii) any appeal process initiated under that subsection to conclude pursuant to the issuance of a final disposition.”
Sec. 3 DataQs improvement
Section 31150 of title 49, United States Code, is amended—
in subsection (d), by inserting “safety” after “serious driver-related”;
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
“(d) Data subject To review—Not later than 1 year after the date of enactment of the Motor Carrier Safety Screening Modernization Act, the Secretary shall ensure that during any period in which a safety violation is being contested, the report on that violation is labeled in a manner that indicates such violation is being contested in the Motor Carrier Management Information System and in any other relevant databases, including the Employment Screening Program, the Safety Measurement System, and Analysis and Information Online, until the review of the contested violation is complete.
“(e) DataQs appeals process—Not later than 1 year after the date of enactment of the Motor Carrier Safety Screening Modernization Act, the Secretary shall promulgate DataQs program participation guidelines that direct States receiving funds under the motor carrier safety assistance program under section 31102 to provide for an appeals process by which—
“(1) following the conclusion of a request for data review, an affected party may appeal the disposition of the review; and
“(2) an appeal of the disposition is decided in a reasonable period of time by a person or persons other than the person that issued the violation.”