[Pages S1603-S1604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4122. Mr. DORGAN proposed an amendment to the bill S. 2663, to 
reform the Consumer Product Safety Commission to provide greater 
protection for children's products, to improve the screening of 
noncompliant consumer products, to improve the effectiveness of 
consumer product recall programs, and for other purposes; as follows:

       On page 25, beginning with line 21, strike through line 13 
     on page 29 and insert the following:
       ``(3) Third party laboratory.--
       ``(A) In general.--The term `third party laboratory' means 
     a testing entity that--
       ``(i) is designated by the Commission, or by an independent 
     standard-setting organization to which the Commission 
     qualifies as capable of making such a designation, as a 
     testing laboratory that is competent to test products for 
     compliance with applicable safety standards under this Act 
     and other Acts enforced by the Commission; and
       ``(ii) is a non-governmental entity that is not owned, 
     managed, or controlled by the manufacturer or private 
     labeler.
       ``(B) Testing and certification of art materials and 
     products.--A certifying organization (as defined in appendix 
     A to section 1500.14(b)(8) of title 16, Code of Federal 
     Regulations) meets the requirements of subparagraph (A)(ii) 
     with respect to the certification of art material and art 
     products required under this section or by regulations issued 
     under the Federal Hazardous Substances Act.
       ``(C) Provisional certification.--
       ``(i) In general.--Upon application made to the Commission 
     less than 1 year after the date of enactment of the CPSC 
     Reform Act, the Commission may provide provisional 
     certification of a laboratory described in subparagraph (A) 
     of this paragraph upon a showing that the laboratory--

       ``(I) is certified under laboratory testing certification 
     procedures established by an independent standard-setting 
     organization; or
       ``(II) provides consumer safety protection that is equal to 
     or greater than that which would be provided by use of an 
     independent third party laboratory.

       ``(ii) Deadline.--The Commission shall grant or deny any 
     such application within 45 days after receiving the completed 
     application.
       ``(iii) Expiration.--Any such certification shall expire 90 
     days after the date on which the Commission publishes final 
     rules under subsections (a)(2) and (d).
       ``(iv) Anti-gap provision.--Within 45 days after receiving 
     a complete application for certification under the final rule 
     prescribed under subsections (a)(2) and (d) of this section 
     from a laboratory provisionally certified under this 
     subparagraph, the Commission shall grant or deny the 
     application if the application is received by the Commission 
     no later than 45 days after the date on which the Commission 
     publishes such final rule.

[[Page S1604]]

       ``(D) Decertification.--The Commission, or an independent 
     standard-setting organization to which the Commission has 
     delegated such authority, may decertify a third party 
     laboratory if it finds, after notice and investigation, that 
     a manufacturer or private labeler has exerted undue influence 
     on the laboratory.''.
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