To strike the provision allowing the Commission to certify a proprietary laboratory for third party testing.

1. Rewrites page 25, line 21 through page 29, line 13

   ReplacesPrinted page

   Removes page 25, line 21 through page 29, line 13 of the printed bill. See that page

   Inserted: (3) Third party laboratory.--

   Inserted: (A) In general.--The term 'third party laboratory' means a testing entity that--

   Inserted: (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

   Inserted: (ii) is a non-governmental entity that is not owned, managed, or controlled by the manufacturer or private labeler.

   Inserted: (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.

   Inserted: (C) Provisional certification.--

   Inserted: (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--

   Inserted: (I) is certified under laboratory testing certification procedures established by an independent standard-setting organization; or

   Inserted: (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.

   Inserted: (ii) Deadline.--The Commission shall grant or deny any such application within 45 days after receiving the completed application.

   Inserted: (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).

   Inserted: (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.

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   Inserted: (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.

   Original wording

   On page 25, beginning with line 21, strike through line 13 on page 29 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed