II 112th CONGRESS 2d Session H. R. 6118 IN THE SENATE OF THE UNITED STATES September 20, 2012 Received AN ACT To amend section 353 of the Public Health Service Act with respect to suspension, revocation, and limitation of laboratory certification.

1.

Short title

This Act may be cited as the Taking Essential Steps for Testing Act of 2012.

2.

Suspension, revocation, and limitation of laboratory certification

Section 353 of the Public Health Service Act (42 U.S.C. 263a) is amended— (1)in subsection (d)(1)(E), by inserting , except that no proficiency testing sample shall be referred to another laboratory for analysis as prohibited under subsection (i)(4) before the period at the end; and (2)in subsection (i)— (A)in paragraph (3), by inserting before the period at the end of the first sentence the following: , except that if the revocation occurs pursuant to paragraph (4) the Secretary may substitute intermediate sanctions under subsection (h) instead of the 2-year prohibition against ownership or operation which would otherwise apply under this paragraph; and (B)in paragraph (4), by striking shall the first place it appears and inserting may.

Passed the House of Representatives September 19, 2012. Karen L. Haas, Clerk