(2) in subsection (a)(7), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘by lot
number’’; and
(3) in subsection (b), by striking ‘‘used in criti-
cal applications’’ and inserting in lieu thereof ‘‘in
commerce’’.
(b) SECTION 3 AMENDMENTS.—Section 3 of the Fas-
tener Quality Act (15 U.S.C. 5402) is amended—
(1) in paragraph (1)(B) by striking ‘‘having a
minimum tensile strength of 150,000 pounds per
square inch’’ and inserting in lieu thereof ‘‘having a
minimum Rockwell C hardness of 40 or above’’;
(2) in paragraph (2), by inserting ‘‘consensus’’
after ‘‘or any other’’;
(3) in paragraph (5)—
(A) by inserting ‘‘or’’ after ‘‘standard or
specification,’’ in subparagraph (B);
(B) by striking ‘‘or’’ at the end of subpara-
graph (C);
(C) by striking subparagraph (D); and
(D) by inserting ‘‘or produced in accord-
ance with ASTM F 432’’ after ‘‘307 Grade A’’;
(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 gov-
ernment agency’’ and all that follows through ‘‘mark-
ings 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Quality Act (15 U.S.C. 5403) is repealed.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)’’;
(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 stand-
ards and specifications to which the manufacturer rep-
resents such lot has been manufactured if the following re-
quirements 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 proce-
dures and conditions specified by the Secretary under
section 6.
‘‘(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) indi-
cates that the chemical characteristics of such coil or
heat number conform to those required by the stand-
ards 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 state-
ment required by subsection (c)(4), insofar as such state-
ment pertains to chemical characteristics, for cases in which
a manufacturer elects to use the procedure permitted 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’’.
(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 fas-
teners covered by this Act which are manufactured in the
United States unless the fasteners—
‘‘(1) have been manufactured according to the re-
quirements of the applicable standards and specifica-
tions and have been inspected and tested by a labora-
tory accredited in accordance with the procedures 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:
‘‘(e) COMMINGLING.—It shall be unlawful for any
manufacturer, importer, or private label distributor to com-