```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2517 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2517

                   To amend the Fastener Quality Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 6 (legislative day, September 12), 1994

   Mr. Simon introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
                   To amend the Fastener Quality Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                    FASTENER QUALITY ACT AMENDMENTS

    Section 1. (a) References.--Whenever in this section an amendment 
is expressed in terms of an amendment to a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Fastener Quality Act (15 U.S.C. 5401 et seq.).
    (b) Technical Amendments.--
            (1) Definitions.--Section 3 (15 U.S.C. 5402) is amended--
                    (A) in paragraph (8), by striking ``Standard'' and 
                inserting in lieu thereof ``Standards''; and
                    (B) in paragraph (14), by striking ``which defines 
                or describes'' and all that follows through ``of any 
                fastener''.
            (2) Inspection and testing.--Section 5(b)(1) (15 U.S.C. 
        5404(b)(1)) is amended by striking ``section 6, unless''.
            (3) Importers and private label distributors.--Section 
        7(c)(2) (15 U.S.C. 5406(c)(2)) is amended by inserting ``to the 
        same'' before ``extent''.
    (c) Clarifying Amendments.--
            (1) Chemical tests.--(A) Section 5(a)(1)(B) (15 U.S.C. 
        5404(a)(1)(B)) is amended by striking ``subsections (b) and 
        (c)'' and inserting in lieu thereof ``subsections (b), (c), and 
        (d)''.
            (B) Section 5(a)(2)(A)(1) (15 U.S.C. 5404(a)(2)(A)(1)) is 
        amended by striking ``subsections (b) and (c)'' and inserting 
        in lieu thereof ``subsections (b), (c), and (d)''.
            (C) Section 5(c)(4) (15 U.S.C. 5404(c)(4)) is amended by 
        inserting ``except as provided in subsection (d),'' before 
        ``state''.
            (D) Section 5 (15 U.S.C. 5404) is amended by inserting at 
        the end the following new subsection:
    ``(d) Alternative Procedure for Chemical Characteristics.--
Notwithstanding the requirements of subsections (b) and (c), a 
manufacturer shall be deemed to have demonstrated, for purposes of 
subsection (a)(1), that the chemical characteristics of a lot conform 
to the standards and specifications to which the manufacturer 
represents such lot has been manufactured if the following requirements 
are met:
            ``(1) The coil or heat number of metal from which such lot 
        was fabricated has been inspected and tested with respect to 
        its chemical characteristics by a laboratory accredited in 
        accordance with the procedures and conditions specified by the 
        Secretary under section 6.
            ``(2) Such laboratory has provided to the manufacturer, 
        either directly or through the metal manufacturer, a written 
        inspection and testing report, which shall be in a form 
        prescribed by the Secretary by regulation, listing the chemical 
        characteristics of such coil or heat number.
            ``(3) The report described in paragraph (2) indicates that 
        the chemical characteristics of such coil or heat number 
        conform to those required by the standards and specifications 
        to which the manufacturer represents such lot has been 
        manufactured.
            ``(4) The manufacturer demonstrates that such lot has been 
        fabricated from the coil or heat number of metal to which the 
        report described in paragraphs (2) and (3) relates.
In prescribing the form of report required by subsection (c), the 
Secretary shall provide for an alternative to the statement required by 
subsection (c)(4), insofar as such statement pertains to chemical 
characteristics, for cases in which a manufacturer elects to use the 
procedure permitted by this subsection.''.
    Sec. 2. Amend section 9 of the Fastener Quality Act by adding at 
the end thereof a new subsection (d), to read as follows:
    ``(d) Enforcement.--The Secretary may designate officers or 
employees of the Department of Commerce to conduct investigations 
pursuant to this Act. In conducting such investigations, those officers 
or employees may, to the extent necessary or appropriate to the 
enforcement of this Act, or to the imposition of any penalty or 
liability arising under this Act, exercise such authorities as are 
conferred upon them by other laws of the United States, subject to 
policies and procedures approved by the Attorney General.''.
                                 <all>
```