Safety performance history screening

Section 31150 of title 49, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting or employment after preemployment; (2) in subsection (b)— (A) by inserting operator or before operator-applicant each place it appears; and (B) in paragraph (2), by inserting operator’s or before operator-applicant’s written consent; and (3) in subsection (c)— (A) in the second sentence— (i) by striking preemployment; (ii) by inserting operator or before operator-applicant; and (iii) by striking Use and inserting the following: (2) Voluntary use; limitation Use; (B) in the first sentence— (i) by inserting driver-related after serious; (ii) by striking as a preemployment condition; (iii) by inserting or operator applicant’s after individual operator’s; and (iv) by striking The process and inserting the following: (1) In general The process; and (C) 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..