II 

111TH CONGRESS 

2D SESSION S. 3268 

To amend title 49, United States Code, to prohibit individuals who have 

worked on motor vehicle safety issues at NHTSA from assisting motor 

vehicle manufacturers with NHTSA compliance matters for a period 

of 3 years after terminating employment at NHTSA, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2010 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to prohibit individuals who have worked on motor vehicle safety issues 

at NHTSA from assisting motor vehicle manufacturers 

with NHTSA compliance matters for a period of 3 years 

after terminating employment at NHTSA, and for other 

purposes. 

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 ‘‘Motor Vehicle Safety 

5 Integrity Employment Act’’. 


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1 SEC. 2. PROFESSIONAL RESPONSIBILITY INTEGRITY PE2 RIOD. 

3 (a) IN GENERAL.—Subchapter I of chapter 301 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 30107. Restriction on certain employment activi7 ties. 

8 ‘‘(a) NHTSA EMPLOYEES.— 

9 ‘‘(1) IN GENERAL.—A individual to whom this 

10 subsection applies who is employed by the National 

11 Highway Traffic Safety Administration may not 

12 commence employment with, or otherwise advise, 

13 provide assistance to, or represent for compensation, 

14 a manufacturer or other person subject to regulation 

15 under this chapter during the 36-month period com16 mencing upon that individual’s termination of em17 ployment with the National Highway Traffic Safety 

18 Administration if such employment, advice, assist19 ance, or representation involves— 

20 ‘‘(A) written or oral communication with 

21 the National Highway Traffic Safety Adminis22 tration on any matter relating to compliance 

23 with the requirements of this chapter on behalf 

24 of the manufacturer or person; 

25 ‘‘(B) representing or advising a manufac26 turer with respect to a motor vehicle safety or 


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1 fuel economy issue, including any defect related 

2 to motor vehicle safety, compliance with a 

3 motor vehicle safety standard, or compliance 

4 with an average fuel economy standard pre5 scribed under chapter 329 of this title; or 

6 ‘‘(C) assisting a manufacturer in respond7 ing to a request for information from the Na8 tional Highway Traffic Safety Administration. 

9 ‘‘(2) APPLICATION.— 

10 ‘‘(A) IN GENERAL.—This subsection ap11 plies to any individual— 

12 ‘‘(i) to whom section 207 (c) or (d) of 

13 title 18 applies; or 

14 ‘‘(ii) whose responsibilities during his 

15 or her last 12 months of employment at 

16 the National Highway Traffic Safety Ad17 ministration included administrative, man18 agerial, supervisory, legal, or senior tech19 nical responsibility for any motor vehicle 

20 safety-related program or activity. 

21 ‘‘(3) SAFE HARBOR.—This subsection does not 

22 apply to any individual employed by a manufacturer 

23 or other person subject to regulation under this 

24 chapter as of the date of enactment of the Motor Ve25 hicle Safety Integrity Employment Act. 


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1 ‘‘(b) MANUFACTURERS.—It is unlawful for any man2 ufacturer or other person subject to regulation under this 

3 chapter to employ or contract for the services of an indi4 vidual to whom subsection (a) applies during the 36- 

5 month period commencing on the individual’s termination 

6 of employment with the National Highway Traffic Safety 

7 Administration in a capacity in which the individual is 

8 prohibited from serving during that period.’’. 

9 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘(4) SECTION 30107.—An individual who vio13 lates section 30107(a) is liable to the United States 

14 Government for a civil penalty as determined under 

15 section 216(b) of title 18 for an offense under sec16 tion 207 of that title. A manufacturer or other per17 son subject to regulation under this chapter who vio18 lates section 30107(b) is liable to the United States 

19 Government for a civil penalty of the sum of— 

20 ‘‘(A) an amount equal to not less than 

21 $100,000; and 

22 ‘‘(B) an amount equal to 90 percent of the 

23 annual compensation or fee paid or payable to 

24 the individual with respect to whom the viola25 tion occurred.’’. 


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1 (c) CONFORMING AMENDMENT.—The table of con2 tents for chapter 301 of title 49, United States Code, is 

3 amended by inserting after the item relating to section 

4 30106 the following: 

‘‘30107. Restriction on certain employment activities.’’. 

5 SEC. 3. STUDY OF DEPARTMENT OF TRANSPORTATION 

6 POLICIES ON OFFICIAL COMMUNICATION 

7 WITH FORMER MOTOR VEHICLE SAFETY 

8 ISSUE EMPLOYEES. 

9 Within 1 year after the date of enactment of this Act 

10 the Department of Transportation Inspector General 

11 shall— 

12 (1) review the Department’s policies and proce13 dures applicable to official communication with 

14 former employees concerning motor vehicle safety 

15 compliance matters for which they had responsibility 

16 during the last 12 months of their tenure at the De17 partment, including any limitations on the ability of 

18 such employees to submit comments, or otherwise 

19 communicate directly with the Department, on 

20 motor vehicle safety issues; and 

21 (2) submit a report to the Senate Committee on 

22 Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Energy and 

24 Commerce containing the Inspector General’s find25 ings, conclusions, and recommendations for 


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1 strengthening those policies and procedures to mini2 mize the risk of undue influence without compro3 mising the ability of the Department to employ and 

4 retain highly qualified individuals for such respon5 sibilities. 

6 SEC. 4. POST-EMPLOYMENT POLICY STUDY. 

7 (a) IN GENERAL.—The Department of Transpor8 tation Inspector General shall conduct a study of the De9 partment’s policies relating to post-employment restric10 tions on employees who perform functions related to trans11 portation safety. 

12 (b) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the Inspector General shall sub14 mit a report containing the results of the study conducted 

15 under subsection (a) to— 

16 (1) the Senate Committee on Commerce, 

17 Science, and Transportation; 

18 (2) the House of Representatives Committee on 

19 Energy and Commerce; and 

20 (3) the Secretary of Transportation. 

21 (c) USE OF RESULTS.—The Secretary of Transpor22 tation shall review the results of the study and take what23 ever action the Secretary determines to be appropriate. 

Æ 


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