,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gbfa ,,in ,,the ,,house ,,of ,,representatives ,january #bg1 #bjbf,mr4 ,mann 7for himself1 ,ms4 ,davids of ,kansas1 and ,mr4 ,schmidt7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 with respect to employment screening for the motor carrier industry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,motor ,carrier ,safety ,screening ,modernization ,act4 #b4 ,safety performance history screening ,section #caaej of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting or employment after preemployment2 7#b7 in subsection 7b7-- 7,a7 by inserting operator or before operator-applicant each place it appears2 and 7,b7 in paragraph 7#b71 by inserting operator's or before operator-applicant's written consent2 and 7#c7 in subsection 7c7-- 7,a7 in the second sentence-- 7i7 by striking preemployment2 7ii7 by inserting operator or before operator-applicant2 and 7iii7 by striking ,use and inserting the following3 7#b7 ,voluntary use2 limitation ,use 2 7,b7 in the first sentence-- 7i7 by inserting driver-related after serious2 7ii7 by striking as a preemployment condition2 7iii7 by inserting or operator applicant's after individual operator's2 and 7iv7 by striking ,the process and inserting the following3 7#a7 ,in general ,the process 2 and 7,c7 by adding at the end the following3 7#c7 ,adverse actions ,a person may not take an adverse action 7as defined in section #fjc7k7 of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afha;a7k777 with respect to an operator or operator-applicant based in whole or in part on the data in the reports provided under subsection 7a7 from the ,motor ,carrier ,management ,information ,system unless the person provides-- 7,a7 notice to the operator or operator-applicant consistent with section #fjd7;b77#c7 of that ,act 7#ae ,u4,s4,c4 #afha;b7b77#c772 and 7,b7 a reasonable period of time for-- 7i7 the operator to initiate an appeal under subsection 7e72 and 7ii7 any appeal process initiated under that subsection to conclude pursuant to the issuance of a final disposition4 4 #c4 ,data,qs improvement ,section #caaej of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d71 by inserting safety after serious driver-related2 7#b7 by redesignating subsection 7d7 as subsection 7f72 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,data subject ,to review ,not later than #a year after the date of enactment of the ,motor ,carrier ,safety ,screening ,modernization ,act1 the ,secretary shall ensure that during any period in which a safety violation is being contested1 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 databases1 including the ,employment ,screening ,program1 the ,safety ,measurement ,system1 and ,analysis and ,information ,online1 until the review of the contested violation is complete4 7e7 ,data,qs appeals process ,not later than #a year after the date of enactment of the ,motor ,carrier ,safety ,screening ,modernization ,act1 the ,secretary shall promulgate ,data,qs program participation guidelines that direct ,states receiving funds under the motor carrier safety assistance program under section #caajb to provide for an appeals process by which-- 7#a7 following the conclusion of a request for data review1 an affected party may appeal the disposition of the review2 and 7#b7 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 violation4 4