HR 4040 PCS
the costs of suit, including reasonable attorneys’ fees (de-
termined in accordance with section 11(f)) and reasonable 
expert witnesses’ fees.’’. 
SEC. 218. EFFECT OF RULES ON PREEMPTION. 
In issuing any rule or regulation in accordance with 
its statutory authority, the Commission shall not seek to 
expand or contract the scope, or limit, modify, interpret, 
or extend the application of sections 25 and 26 of the Con-
sumer Products Safety Act (15 U.S.C. 2074 and 2075, 
respectively), section 18 of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261), section 7 of the Poison Pre-
vention Packaging Act (15 U.S.C. 1476), or section 16 
of the Flammable Fabrics Act (15 U.S.C. 1203) with re-
gard to the extent to which each such Act preempts, limits, 
or otherwise affects any other Federal, State, or local law, 
or limits or otherwise affects any cause of action under 
State or local law. 
SEC. 219. SHARING OF INFORMATION WITH FEDERAL, 
STATE, LOCAL, AND FOREIGN GOVERNMENT 
AGENCIES. 
Section 29 (15 U.S.C. 2078) is amended by adding 
at the end the following: 
‘‘(f)(1) The Commission may make information ob-
tained by the Commission under this Act available (con-
sistent with the requirements of section 6) to any Federal, 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
State, local, or foreign government agency upon the prior 
certification of an appropriate official of any such agency, 
either by a prior agreement or memorandum of under-
standing with the Commission or by other written certifi-
cation, that such material will be maintained in confidence 
and will be used only for official law enforcement or con-
sumer protection purposes, if— 
‘‘(A) the agency has set forth a bona fide legal 
basis for its authority to maintain the material in 
confidence; 
‘‘(B) the materials are to be used for purposes 
of investigating, or engaging in enforcement pro-
ceedings related to, possible violations of— 
‘‘(i) laws regulating the manufacture, im-
portation, distribution, or sale of defective or 
unsafe consumer products, or other practices 
substantially similar to practices prohibited by 
any law administered by the Commission; 
‘‘(ii) a law administered by the Commis-
sion, if disclosure of the material would further 
a Commission investigation or enforcement pro-
ceeding; or 
‘‘(iii) with respect to a foreign law enforce-
ment agency, with the approval of the Attorney 
General, other foreign criminal laws, if such 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
foreign criminal laws are offenses defined in or 
covered by a criminal mutual legal assistance 
treaty in force between the government of the 
United States and the foreign law enforcement 
agency’s government; and 
‘‘(C) in the case of a foreign government agen-
cy, such agency is not from a foreign state that the 
Secretary of State has determined, in accordance 
with section 6(j) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405(j)), has repeatedly 
provided support for acts of international terrorism, 
unless and until such determination is rescinded 
pursuant to section 6(j)(4) of that Act (50 U.S.C. 
App. 2405(j)(4)). 
‘‘(2) The Commission may abrogate any agree-
ment or memorandum of understanding entered into 
under paragraph (1) if the Commission determines 
that the agency with which such agreement or 
memorandum of understanding was entered into has 
failed to maintain in confidence any information pro-
vided under such agreement or memorandum of un-
derstanding, or has used any such information for 
purposes other than those set forth in such agree-
ment or memorandum of understanding. 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
‘‘(3)(A) Except as provided in subparagraph 
(B) of this paragraph, the Commission shall not be 
required to disclose under section 552 of title 5, 
United States Code, or any other provision of law— 
‘‘(i) any material obtained from a foreign 
government agency, if the foreign government 
agency has requested confidential treatment, or 
has precluded such disclosure under other use 
limitations, as a condition of providing the ma-
terial; 
‘‘(ii) any material reflecting a consumer 
complaint obtained from any other foreign 
source, if that foreign source supplying the ma-
terial has requested confidential treatment as a 
condition of providing the material; or 
‘‘(iii) any material reflecting a consumer 
complaint submitted to a Commission reporting 
mechanism sponsored in part by foreign govern-
ment agencies. 
‘‘(B) Nothing in this subsection shall authorize 
the Commission to withhold information from the 
Congress or prevent the Commission from complying 
with an order of a court of the United States in an 
action commenced by the United States or the Com-
mission. 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
‘‘(4) In this subsection, the term ‘foreign government 
agency’ means— 
‘‘(A) any agency or judicial authority of a for-
eign government, including a foreign state, a polit-
ical subdivision of a foreign state, or a multinational 
organization constituted by and comprised of foreign 
states, that is vested with law enforcement or inves-
tigative authority in civil, criminal, or administrative 
matters; and 
‘‘(B) any multinational organization, to the ex-
tent that it is acting on behalf of an entity described 
in subparagraph (A). 
‘‘(g) Whenever the Commission is notified of any vol-
untary recall of any consumer product self-initiated by a 
manufacturer (or a retailer in the case of a retailer selling 
a product under its own label), or issues an order under 
section 15(c) or (d) with respect to any product, the Com-
mission shall notify each State’s health department or 
other agency designated by the State of the recall or 
order.’’. 
SEC. 220. INSPECTOR GENERAL AUTHORITY AND ACCESSI-
BILITY. 
(a) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Inspector General of the 
Commission shall transmit a report to Congress on the 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
activities of the Inspector General, any structural barriers 
which prevent the Inspector General from providing robust 
oversight of the activities of the Commission, and any ad-
ditional authority or resources that would facilitate more 
effective oversight. 
(b) EMPLOYEE COMPLAINTS.— 
(1) IN
GENERAL.—The Inspector General of 
the Commission shall conduct a review of— 
(A) complaints received by the Inspector 
General from employees of the Commission 
about violations of rules, regulations, or the 
provisions of any Act enforced by the Commis-
sion; and 
(B) the process by which corrective action 
plans are negotiated with such employees by the 
Commission, including an assessment of the 
length of time for these negotiations and the ef-
fectiveness of the plans. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General 
shall transmit a report to the Commission and to 
Congress setting forth the Inspector General’s find-
ings, conclusions, actions taken in response to em-
ployee complaints, and recommendations. 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
(c) COMPLAINT PROCEDURE.—Not later than 30 
days after the date of enactment of this Act the Commis-
sion shall establish and maintain on the homepage of the 
Commission’s Internet website a mechanism by which in-
dividuals may anonymously report incidents of waste, 
fraud, or abuse with respect to the Commission. 
SEC. 221. REPEAL. 
Section 30 (15 U.S.C. 2079) is amended by striking 
subsection (d) and redesignating subsections (e) and (f) 
as subsections (d) and (e), respectively. 
SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN. 
The Consumer Product Safety Act (15 U.S.C. 1251 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 38. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL. 
‘‘(a) PROHIBITION.—Notwithstanding section 1353 
of title 31, United States Code, no Commissioner or em-
ployee of the Commission shall accept travel, subsistence, 
and related expenses with respect to attendance by a Com-
missioner or employee at any meeting or similar function 
relating to official duties of a Commissioner or an em-
ployee, from a person— 
‘‘(1) seeking official action from, doing business 
with, or conducting activities regulated by, the Com-
mission; or 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
‘‘(2) whose interests may be substantially af-
fected by the performance or nonperformance of the 
Commissioner’s or employee’s official duties. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR OF-
FICIAL TRAVEL.—There are authorized to be appro-
priated, for each of fiscal years 2009 through 2011, 
$1,200,000 to the Commission for certain travel and lodg-
ing expenses necessary in furtherance of the official duties 
of Commissioners and employees.’’. 
SEC. 223. ANNUAL REPORTING REQUIREMENT. 
Section 27(j) (15 U.S.C. 2076(j)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘The Commission’’ and inserting ‘‘Notwith-
standing section 3003 of the Federal Reports Elimi-
nation and Sunset Act of 1995 (31 U.S.C. 1113 
note), the Commission’’; and 
(2) by redesignating paragraphs (5) through 
(11) as paragraphs (6) through (12), respectively 
and inserting after paragraph (4) the following: 
‘‘(5) the number and summary of recall orders 
issued under section 12 or 15 during such year and 
a summary of voluntary actions taken by manufac-
turers of which the Commission has notified the 
public, and an assessment of such orders and ac-
tions;’’. 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
HR 4040 PCS
SEC. 224. STUDY ON THE EFFECTIVENESS OF AUTHORITY 
RELATING TO IMPORTED PRODUCTS. 
The Commission shall study the effectiveness of sec-
tion 17(a) of the Consumer Product Safety Act (15 U.S.C. 
2066(a)), specifically paragraphs (3) and (4) of such sec-
tion, to determine a specific strategy to increase the effec-
tiveness of the Commission’s ability to stop unsafe prod-
ucts from entering the United States. The Commission 
shall submit a report to Congress not later than 9 months 
after enactment of this Act, which shall include rec-
ommendations regarding additional authority the Commis-
sion needs to implement such strategy, including any nec-
essary legislation. 
Passed the House of Representatives December 19, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS
Calendar No. 562 
110TH CONGRESS 
2D SESSION 
H. R. 4040 
AN ACT 
To establish consumer product safety standards 
and other safety requirements for children’s 
products and to reauthorize and modernize the 
Consumer Product Safety Commission. 
JANUARY 23, 2008 
Read the second time and placed on the calendar 
VerDate Aug 31 2005 
00:13 Jan 24, 2008
Jkt 069200
PO 00000
Frm 00064
Fmt 6651
Sfmt 6651
E:\BILLS\H4040.PCS
H4040
smartinez on PRODPC61 with BILLS