Sec. 1087. Process for complaints and investigations of transportation service providers and transportation officers
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/bill/119/hr/3838/eh/section-1087·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commander of the Military Surface Deployment and Distribution Command shall develop a process through which a transportation service provider may submit a complaint to the Commander regarding possible violations of the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations by Department of Defense transportation officers and transportation service providers regarding any military shipments that are required to be processed by the Global Freight Management System. The complaint process required under paragraph
(1)shall include each of the following: An identification of the information the complainant should provide as part of a complaint to assist the Commander in reviewing and investigating the complaint, including references to the rules that were allegedly violated. A timeline for the adjudication of the complaint and rendering of an initial finding by an individual designated by the Commander. A process for any party to appeal the initial finding if the party believes the initial finding is incorrect, a timeline for the review of the appeal, and a timeline for the Commander to render a final decision. Such other elements as the Commander determines appropriate. If, pursuant to a complaint submitted through the complaint process under this section, a transportation officer or transportation service provider is found to have violated the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations, the Commander shall impose a penalty in accordance with the Military Freight Traffic Unified Rules Publication and the Defense Transportation Regulations and, if applicable, work with the transportation officer or transportation service provider to take corrective action. The Commander shall establish a timely process through which a transportation service provider may notify the Military Surface Deployment and Distribution Command of any action a transportation officer imposes against a transportation service provider, such as a letter of non-use, if the transportation service provider believes that such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The Commander may override any action taken by a transportation officer against a transportation service provider if the Commander believes such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The authority under this subparagraph includes revoking a letter of non-use, reducing the duration of a letter of non-use, and removing any service failure from the record of the transportation service provider. The Commander of the Military Surface Deployment and Distribution Command shall provide recurring training to all transportation officers and transportation service providers that use the Global Freight Management System to process and award Department of Defense shipments. Such training shall include— detailed instruction on the Military Freight Traffic Unified Rules Publication and Defense Transportation Regulations; best practices for processing and awarding shipments in the Global Freight Management system; the importance of awarding shipments transparently and in accordance with Department of Defense policies; and such other information as the Commander determines appropriate. The Commander of the Military Surface Deployment and Distribution Command shall update the freight carrier registration program to ensure that users of the program, including Department of Defense personnel and transportation service providers, are able to easily determine if a standard carrier alpha code belongs to a motor carrier or broker. Not less frequently than annually, the Commander shall conduct an audit of the freight carrier registration program to ensure that all approved transportation service providers have active and appropriate operating authority from the Department of Transportation.