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(4) in paragraph (6) by striking ‘‘other person’’
and inserting in lieu thereof ‘‘government agency’’;
(5) in paragraph (8) by striking ‘‘Standard’’
and inserting in lieu thereof ‘‘Standards’’;
(6) by striking paragraph (11) and redesignat-
ing paragraphs (12) through (15) as paragraphs
(11) through (14), respectively;
(7) in paragraph (13), as so redesignated by
paragraph (6) of this subsection, by striking ‘‘, a
government agency’’ and all that follows through
‘‘markings of any fastener’’ and inserting in lieu
thereof ‘‘or a government agency’’; and
(8) in paragraph (14), as so redesignated by
paragraph (6) of this subsection, by inserting ‘‘for
the purpose of achieving a uniform hardness’’ after
‘‘quenching and tempering’’.
(c) SECTION 4 REPEAL.—Section 4 of the Fastener
Quality Act (15 U.S.C. 5403) is repealed.
(d) SECTION 5 AMENDMENTS.—Section 5 of the Fas-
tener Quality Act (15 U.S.C. 5404) is amended—
(1) in subsection (a)(1)(B) and (2)(A)(i) by
striking ‘‘subsections (b) and (c)’’ and inserting in
lieu thereof ‘‘subsections (b), (c), and (d)’’;
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(2) in subsection (c)(2) by striking ‘‘or, where
applicable’’ and all that follows through ‘‘section
7(c)(1)’’;
(3) in subsection (c)(3) by striking ‘‘, such as
the chemical, dimensional, physical, mechanical, and
any other’’;
(4) in subsection (c)(4) by inserting ‘‘except as
provided in subsection (d),’’ before ‘‘state whether’’;
and
(5) by adding at the end the following new sub-
section:
‘‘(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 characteris-
tics by a laboratory accredited in accordance with
the procedures and conditions specified by the Sec-
retary under section 6.
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‘‘(2) Such laboratory has provided to the manu-
facturer, either directly or through the metal manu-
facturer, 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) in-
dicates that the chemical characteristics of such coil
or heat number conform to those required by the
standards and specifications to which the manufac-
turer 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 per-
mitted by this subsection.’’.
(e) SECTION 6 AMENDMENT.—Section 6(a)(1) of the
Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended
by striking ‘‘Within 180 days after the date of enactment
of this Act, the’’ and inserting in lieu thereof ‘‘The’’.
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(f) SECTION 7 AMENDMENTS.—Section 7 of the Fas-
tener Quality Act (15 U.S.C. 5406) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) DOMESTICALLY PRODUCED FASTENERS.—It
shall be unlawful for a manufacturer to sell any shipment
of fasteners covered by this Act which are manufactured
in the United States unless the fasteners—
‘‘(1) have been manufactured according to the
requirements of the applicable standards and speci-
fications and have been inspected and tested by a
laboratory accredited in accordance with the proce-
dures and conditions specified by the Secretary
under section 6; and
‘‘(2) an original laboratory testing report de-
scribed in section 5(c) and a manufacturer’s certifi-
cate of conformance are on file with the manufac-
turer, or under such custody as may be prescribed
by the Secretary, and available for inspection.’’;
(2) in subsection (c)(2) by inserting ‘‘to the
same’’ after ‘‘in the same manner and’’;
(3) in subsection (d)(1) by striking ‘‘certificate’’
and inserting in lieu thereof ‘‘test report’’; and
(4) by striking subsections (e), (f), and (g) and
inserting in lieu thereof the following:
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‘‘(e) COMMINGLING.—It shall be unlawful for any
manufacturer, importer, or private label distributor to
commingle like fasteners from different lots in the same
container, except that such manufacturer, importer, or
private label distributor may commingle like fasteners of
the same type, grade, and dimension from not more than
two tested and certified lots in the same container during
repackaging and plating operations. Any container which
contains fasteners from two lots shall be conspicuously
marked with the lot identification numbers of both lots.
‘‘(f) SUBSEQUENT PURCHASER.—If a person who
purchases fasteners for any purpose so requests either
prior to the sale or at the time of sale, the seller shall
conspicuously mark the container of the fasteners with the
lot number from which such fasteners were taken.’’.
(g) SECTION 9 AMENDMENT.—Section 9 of the Fas-
tener Quality Act (15 U.S.C. 5408) is amended by adding
at the end the following new subsection:
‘‘(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, exercise such authorities as are conferred upon
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them by other laws of the United States, subject to policies
and procedures approved by the Attorney General.’’.
(h) SECTION 10 AMENDMENTS.—Section 10 of the
Fastener Quality Act (15 U.S.C. 5409) is amended—
(1) in subsections (a) and (b), by striking ‘‘10
years’’ and inserting in lieu thereof ‘‘5 years’’; and
(2) in subsection (b), by striking ‘‘any subse-
quent’’ and inserting in lieu thereof ‘‘the subse-
quent’’.
(i) SECTION 13 AMENDMENT.—Section 13 of the
Fastener Quality Act (15 U.S.C. 5412) is amended by
striking ‘‘within 180 days after the date of enactment of
this Act’’.
(j) SECTION 14 REPEAL.—Section 14 of the Fastener
Quality Act (15 U.S.C. 5413) is repealed.
SEC. 12. STANDARDS CONFORMITY.
(a) USE OF STANDARDS.—Section 2(b) of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 272(b)) is amended—
(1) in paragraph (2), by striking ‘‘, including
comparing standards’’ and all that follows through
‘‘Federal Government’’;
(2) by redesignating paragraphs (3) through
(11) as paragraphs (4) through (12), respectively;
and
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(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) to compare standards used in scientific in-
vestigations, engineering, manufacturing, commerce,
industry, and educational institutions with the
standards adopted or recognized by the Federal Gov-
ernment and to coordinate the use by Federal agen-
cies of private sector standards, emphasizing where
possible the use of standards developed by private,
consensus organizations;’’.
(b) CONFORMITY ASSESSMENT ACTIVITIES.—Section
2(b) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 272(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11), as so redesignated by subsection (a)(2) of this
section;
(2) by striking the period at the end of para-
graph (12), as so redesignated by subsection (a)(2)
of this section, and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(13) to coordinate Federal, State, local, and
private sector standards conformity assessment ac-
tivities, with the goal of eliminating unnecessary du-
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plication and complexity in the development and pro-
mulgation of conformity assessment requirements
and measures.’’.
(c) TRANSMITTAL OF PLAN TO CONGRESS.—The Na-
tional Institute of Standards and Technology shall, by
January 1, 1996, transmit to the Congress a plan for im-
plementing the amendments made by this section.
(d) UTILIZATION
OF CONSENSUS STANDARDS
BY
FEDERAL AGENCIES; REPORTS.—(1) To the extent prac-
ticable, all Federal agencies and departments shall use,
for procurement and regulatory applications, standards
that are developed or adopted by voluntary, private sector,
consensus standards bodies.
(2) Federal agencies and departments shall consult
with voluntary, private sector, consensus standards bodies,
and shall participate with such bodies in the development
of standards, as appropriate in carrying out paragraph
(1).
(3) If a Federal agency or department elects to de-
velop, for procurement or regulatory applications, stand-
ards that are not developed or adopted by voluntary, pri-
vate sector, consensus standards bodies, the head of such
agency or department shall transmit to the Office of Man-
agement and Budget, via the National Institute of Stand-
ards and Technology, an explanation of the reasons for
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developing such standards. The Office of Management and
Budget, with the assistance of the National Institute of
Standards and Technology, shall annually transmit to the
Congress explanations concerning exceptions made under
this subsection.
SEC. 13. SENSE OF CONGRESS.
It is the sense of the Congress that the Malcolm
Baldrige National Quality Award program offers substan-
tial benefits to United States industry, and that all funds
appropriated for such program should be spent in support
of the goals of the program.
Passed the House of Representatives December 12,
1995.
Attest:
ROBIN H. CARLE,
Clerk.