II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 FASTENER QUALITY ACT AMENDMENTS

4 SECTION 1. (a) REFERENCES.—Whenever in this sec5 tion an amendment is expressed in terms of an amend6 ment to a section or other provision, the reference shall

7 be considered to be made to a section or other provision

8 of the Fastener Quality Act (15 U.S.C. 5401 et seq.).

9 (b) TECHNICAL AMENDMENTS.—

10 (1) DEFINITIONS.—Section 3 (15 U.S.C. 5402)

11 is amended—
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1 (A) in paragraph (8), by striking ‘‘Stand2 ard’’ and inserting in lieu thereof ‘‘Standards’’;

3 and

4 (B) in paragraph (14), by striking ‘‘which

5 defines or describes’’ and all that follows

6 through ‘‘of any fastener’’.

7 (2) INSPECTION AND TESTING.—Section

8 5(b)(1) (15 U.S.C. 5404(b)(1)) is amended by strik9 ing ‘‘section 6, unless’’.

10 (3) IMPORTERS AND PRIVATE LABEL DISTRIBU11 TORS.—Section 7(c)(2) (15 U.S.C. 5406(c)(2)) is

12 amended by inserting ‘‘to the same’’ before ‘‘extent’’.

13 (c) CLARIFYING AMENDMENTS.—

14 (1) CHEMICAL TESTS.—(A) Section 5(a)(1)(B)

15 (15 U.S.C. 5404(a)(1)(B)) is amended by striking

16 ‘‘subsections (b) and (c)’’ and inserting in lieu there17 of ‘‘subsections (b), (c), and (d)’’.

18 (B) Section 5(a)(2)(A)(1) (15 U.S.C.

19 5404(a)(2)(A)(1)) is amended by striking ‘‘sub20 sections (b) and (c)’’ and inserting in lieu thereof

21 ‘‘subsections (b), (c), and (d)’’.

22 (C) Section 5(c)(4) (15 U.S.C. 5404(c)(4)) is

23 amended by inserting ‘‘except as provided in sub24 section (d),’’ before ‘‘state’’.
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1 (D) Section 5 (15 U.S.C. 5404) is amended by

2 inserting at the end the following new subsection:

3 ‘‘(d) ALTERNATIVE PROCEDURE FOR CHEMICAL

4 CHARACTERISTICS.—Notwithstanding the requirements of

5 subsections (b) and (c), a manufacturer shall be deemed

6 to have demonstrated, for purposes of subsection (a)(1),

7 that the chemical characteristics of a lot conform to the

8 standards and specifications to which the manufacturer

9 represents such lot has been manufactured if the following

10 requirements are met:

11 ‘‘(1) The coil or heat number of metal from

12 which such lot was fabricated has been inspected

13 and tested with respect to its chemical characteris14 tics by a laboratory accredited in accordance with

15 the procedures and conditions specified by the Sec16 retary under section 6.

17 ‘‘(2) Such laboratory has provided to the manu18 facturer, either directly or through the metal manu19 facturer, a written inspection and testing report,

20 which shall be in a form prescribed by the Secretary

21 by regulation, listing the chemical characteristics of

22 such coil or heat number.

23 ‘‘(3) The report described in paragraph (2) in24 dicates that the chemical characteristics of such coil

25 or heat number conform to those required by the
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1 standards and specifications to which the manufac2 turer represents such lot has been manufactured.

3 ‘‘(4) The manufacturer demonstrates that such

4 lot has been fabricated from the coil or heat number

5 of metal to which the report described in paragraphs

6 (2) and (3) relates.

7 In prescribing the form of report required by subsection

8 (c), the Secretary shall provide for an alternative to the

9 statement required by subsection (c)(4), insofar as such

10 statement pertains to chemical characteristics, for cases

11 in which a manufacturer elects to use the procedure per12 mitted by this subsection.’’.

13 SEC. 2. Amend section 9 of the Fastener Quality Act

14 by adding at the end thereof a new subsection (d), to read

15 as follows:

16 ‘‘(d) ENFORCEMENT.—The Secretary may designate

17 officers or employees of the Department of Commerce to

18 conduct investigations pursuant to this Act. In conducting

19 such investigations, those officers or employees may, to

20 the extent necessary or appropriate to the enforcement of

21 this Act, or to the imposition of any penalty or liability

22 arising under this Act, exercise such authorities as are

23 conferred upon them by other laws of the United States,
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1 subject to policies and procedures approved by the Attor2 ney General.’’.

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