[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3268 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Vehicle Safety Integrity 
Employment Act''.

SEC. 2. PROFESSIONAL RESPONSIBILITY INTEGRITY PERIOD.

    (a) In General.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``30107. Restriction on certain employment activities.
    ``(a) NHTSA Employees.--
            ``(1) In general.--A individual to whom this subsection 
        applies who is employed by the National Highway Traffic Safety 
        Administration may not commence employment with, or otherwise 
        advise, provide assistance to, or represent for compensation, a 
        manufacturer or other person subject to regulation under this 
        chapter during the 36-month period commencing upon that 
        individual's termination of employment with the National 
        Highway Traffic Safety Administration if such employment, 
        advice, assistance, or representation involves--
                    ``(A) written or oral communication with the 
                National Highway Traffic Safety Administration on any 
                matter relating to compliance with the requirements of 
                this chapter on behalf of the manufacturer or person;
                    ``(B) representing or advising a manufacturer with 
                respect to a motor vehicle safety or fuel economy 
                issue, including any defect related to motor vehicle 
                safety, compliance with a motor vehicle safety 
                standard, or compliance with an average fuel economy 
                standard prescribed under chapter 329 of this title; or
                    ``(C) assisting a manufacturer in responding to a 
                request for information from the National Highway 
                Traffic Safety Administration.
            ``(2) Application.--
                    ``(A) In general.--This subsection applies to any 
                individual--
                            ``(i) to whom section 207 (c) or (d) of 
                        title 18 applies; or
                            ``(ii) whose responsibilities during his or 
                        her last 12 months of employment at the 
                        National Highway Traffic Safety Administration 
                        included administrative, managerial, 
                        supervisory, legal, or senior technical 
                        responsibility for any motor vehicle safety-
                        related program or activity.
            ``(3) Safe harbor.--This subsection does not apply to any 
        individual employed by a manufacturer or other person subject 
        to regulation under this chapter as of the date of enactment of 
        the Motor Vehicle Safety Integrity Employment Act.
    ``(b) Manufacturers.--It is unlawful for any manufacturer or other 
person subject to regulation under this chapter to employ or contract 
for the services of an individual to whom subsection (a) applies during 
the 36-month period commencing on the individual's termination of 
employment with the National Highway Traffic Safety Administration in a 
capacity in which the individual is prohibited from serving during that 
period.''.
    (b) Civil penalty.--Section 30165(a) of title 49, United States 
Code, is amended by adding at the end the following:
            ``(4) Section 30107.--An individual who violates section 
        30107(a) is liable to the United States Government for a civil 
        penalty as determined under section 216(b) of title 18 for an 
        offense under section 207 of that title. A manufacturer or 
        other person subject to regulation under this chapter who 
        violates section 30107(b) is liable to the United States 
        Government for a civil penalty of the sum of--
                    ``(A) an amount equal to not less than $100,000; 
                and
                    ``(B) an amount equal to 90 percent of the annual 
                compensation or fee paid or payable to the individual 
                with respect to whom the violation occurred.''.
    (c) Conforming Amendment.--The table of contents for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30106 the following:

``30107. Restriction on certain employment activities.''.

SEC. 3. STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON OFFICIAL 
              COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY ISSUE 
              EMPLOYEES.

    Within 1 year after the date of enactment of this Act the 
Department of Transportation Inspector General shall--
            (1) review the Department's policies and procedures 
        applicable to official communication with former employees 
        concerning motor vehicle safety compliance matters for which 
        they had responsibility during the last 12 months of their 
        tenure at the Department, including any limitations on the 
        ability of such employees to submit comments, or otherwise 
        communicate directly with the Department, on motor vehicle 
        safety issues; and
            (2) submit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Energy and Commerce containing the Inspector 
        General's findings, conclusions, and recommendations for 
        strengthening those policies and procedures to minimize the 
        risk of undue influence without compromising the ability of the 
        Department to employ and retain highly qualified individuals 
        for such responsibilities.

SEC. 4. POST-EMPLOYMENT POLICY STUDY.

    (a) In General.--The Department of Transportation Inspector General 
shall conduct a study of the Department's policies relating to post-
employment restrictions on employees who perform functions related to 
transportation safety.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Inspector General shall submit a report containing the 
results of the study conducted under subsection (a) to--
            (1) the Senate Committee on Commerce, Science, and 
        Transportation;
            (2) the House of Representatives Committee on Energy and 
        Commerce; and
            (3) the Secretary of Transportation.
    (c) Use of Results.--The Secretary of Transportation shall review 
the results of the study and take whatever action the Secretary 
determines to be appropriate.
                                 <all>