H. R. 4040—59 
SEC. 235. TECHNICAL AND CONFORMING CHANGES. 
(a) DEFINITIONS.—Section 3(a) (15 U.S.C. 2052) is amended 
by adding at the end the following: 
‘‘(15) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate Congressional committees’ means the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation 
of the Senate. 
‘‘(16) CHILDREN’S PRODUCT.—The term ‘children’s product’ 
means a consumer product designed or intended primarily for 
children 12 years of age or younger. In determining whether 
a consumer product is primarily intended for a child 12 years 
of age or younger, the following factors shall be considered: 
‘‘(A) A statement by a manufacturer about the intended 
use of such product, including a label on such product 
if such statement is reasonable. 
‘‘(B) Whether the product is represented in its pack-
aging, display, promotion, or advertising as appropriate 
for use by children 12 years of age or younger. 
‘‘(C) Whether the product is commonly recognized by 
consumers as being intended for use by a child 12 years 
of age or younger. 
‘‘(D) The Age Determination Guidelines issued by the 
Commission staff in September 2002, and any successor 
to such guidelines. 
‘‘(17) THIRD-PARTY LOGISTICS PROVIDER.—The term ‘third- 
party logistics provider’ means a person who solely receives, 
holds, or otherwise transports a consumer product in the ordi-
nary course of business but who does not take title to the 
product.’’. 
(b) MISCELLANEOUS.—Section 3 (15 U.S.C. 2052) is amended— 
(1) by striking ‘‘(a) for purposes of this Act:’’ and inserting 
‘‘(a) IN GENERAL.—In this Act:’’; 
(2) by indenting each paragraph and subparagraph of sub-
section (a) 2 em spaces; 
(3) by inserting a heading, in a form consistent with the 
form of the heading of this subsection consisting of the term 
defined by such paragraph, after the designation of each para-
graph of subsection (a); 
(4) by reordering such paragraphs and the additional para-
graphs added by paragraph (1) of this subsection in alphabetical 
order based on the headings of such paragraphs and renum-
bering such paragraphs as so reordered; and 
(5) by inserting ‘‘common carriers, contract carriers, and 
freight forwarders’’ after ‘‘(b)’’ in subsection (b). 
(c) CONFORMING AMENDMENTS.— 
(1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting 
‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’. 
(2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by 
striking ‘‘the Committee on Commerce, Science, and Transpor-
tation of the Senate or the Committee on Energy and Commerce 
of the House of Representatives or any subcommittee of such 
committee,’’ and insert ‘‘either of the appropriate Congressional 
committees or any subcommittee thereof,’’. 
(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a), 
(c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each 
amended by striking ‘‘the Committee on Commerce, Science,
H. R. 4040—60 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives’’ each place 
it appears and inserting ‘‘the appropriate Congressional 
committees’’. 
(4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by 
striking ‘‘the Committee on Energy and Commerce of the House 
of Representatives, and by the Committee on Commerce, 
Science, and Transportation of the Senate.’’ and inserting ‘‘the 
appropriate Congressional committees.’’. 
(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by 
striking ‘‘the Committee on Commerce, Science, and Transpor-
tation of the Senate and to the Committee on Energy and 
Commerce of the House of Representatives’’ and insert ‘‘the 
appropriate Congressional committees’’. 
(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 
U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respec-
tively) are each amended by striking ‘‘the Congress’’ and 
inserting ‘‘the appropriate Congressional committees’’. 
(7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking 
‘‘The Commission’’ and inserting ‘‘Notwithstanding section 
6(a)(3), the Commission’’. 
SEC. 236. EXPEDITED JUDICIAL REVIEW. 
(a) IN GENERAL.—Section 11 (15 U.S.C. 2060) is amended by 
adding at the end thereof the following: 
‘‘(g) EXPEDITED JUDICIAL REVIEW.— 
‘‘(1) APPLICATION.—This subsection applies, in lieu of the 
preceding subsections of this section, to judicial review of— 
‘‘(A) any consumer product safety rule promulgated 
by the Commission pursuant to section 15(j) (relating to 
identification of substantial hazards); 
‘‘(B) any consumer product safety standard promul-
gated by the Commission pursuant to section 42 (relating 
to all-terrain vehicles); 
‘‘(C) any standard promulgated by the Commission 
under section 104 of the Consumer Product Safety Improve-
ment Act of 2008 (relating to durable infant and toddler 
products); and 
‘‘(D) any consumer product safety standard promul-
gated by the Commission under section 106 of the Con-
sumer Product Safety Improvement Act of 2008 (relating 
to mandatory toy safety standards). 
‘‘(2) IN
GENERAL.—Not later than 60 days after the 
promulgation, by the Commission, of a rule or standard to 
which this subsection applies, any person adversely affected 
by such rule or standard may file a petition with the United 
States Court of Appeals for the District of Columbia Circuit 
for judicial review of such rule. Copies of the petition shall 
be forthwith transmitted by the clerk of the court to the 
Commission or other officer designated by it for that purpose 
and to the Attorney General. The record of the proceedings 
on which the Commission based its rule shall be filed in the 
court as provided for in section 2112 of title 28, United States 
Code. 
‘‘(3) REVIEW.—Upon the filing of the petition under para-
graph (2) of this subsection, the court shall have jurisdiction 
to review the rule in accordance with chapter 7 of title 5,
H. R. 4040—61 
United States Code, and to grant appropriate relief, including 
interim relief, as provided in such chapter. 
‘‘(4) CONCLUSIVENESS OF JUDGMENT.—The judgment of the 
court affirming or setting aside, in whole or in part, any final 
rule under this section shall be final, subject to review by 
the Supreme Court of the United States upon certiorari or 
certification, as provided in section 1254 of title 28, United 
States Code. 
‘‘(5) FURTHER REVIEW.—A rule or standard with respect 
to which this subsection applies shall not be subject to judicial 
review in proceedings under section 17 (relating to imported 
products) or in civil or criminal proceedings for enforcement.’’. 
(b) PENDING ACTIONS UNAFFECTED.—The amendment made by 
subsection (a) shall not apply to any petition filed before the date 
of enactment of this Act for judicial review of any action by the 
Consumer Product Safety Commission. 
SEC. 237. REPEAL. 
Section 30 (15 U.S.C. 2079) is amended by striking subsection 
(d). 
SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS. 
Title XIV of the Energy Independence and Security Act of 
2007 (Public Law 110–140) is amended— 
(1) in section 1403 by adding at the end the following: 
‘‘(8) STATE.—The term ‘State’ has the meaning given such 
term in section 3(10) of the Consumer Product Safety Act 
(15 U.S.C. 2052(10)), and includes the Northern Mariana 
Islands.’’. 
(2) in section 1404 by adding at the end of subsection 
(b) the following: ‘‘If a successor standard is proposed, the 
American Society of Mechanical Engineers shall notify the 
Commission of the proposed revision. If the Commission deter-
mines that the proposed revision is in the public interest, 
it shall incorporate the revision into the standard after pro-
viding 30 days notice to the public.’’; and 
(3) by adding at the end the following: 
‘‘SEC. 1409. APPLICABILITY. 
‘‘This Act is applicable to the United States and its territories, 
including American Samoa, the Commonwealth of Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, and 
the United States Virgin Islands.’’. 
SEC. 239. EFFECTIVE DATES AND SEVERABILITY. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as otherwise specifically provided 
in this Act, this Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act. 
(2) CERTAIN DELAYED EFFECTIVE DATES.—The amendments 
made by sections 103(c) and 214(a)(2) shall take effect on the 
date that is 60 days after the date of enactment of this Act. 
Subsection (c) of section 42 of the Consumer Product Safety 
Act, as added by section 232 of this Act, and the amendments 
made by sections 216 and 223(b) shall take effect on the date 
that is 30 days after the date of enactment of this Act. 
(b) SEVERABILITY.—If any provision of this Act or the amend-
ments made by this Act, or the application of such provision to
H. R. 4040—62 
any person or circumstance, is held invalid, the remainder of this 
Act and the amendments made by this Act, and the application 
of such provision to other persons not similarly situated or to 
other circumstances, shall not be affected by such invalidation. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.