Home > 106th Congressional Bills > H.R. 1184 (eh) To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 2000 and 2001, and for other purposes. [Engrossed in House] ...

H.R. 1184 (eh) To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 2000 and 2001, and for other purposes. [Engrossed in House] ...


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                                                  Union Calendar No. 64

106th CONGRESS

  1st Session

                               H. R. 1183

                      [Report No. 106-121, Part I]

_______________________________________________________________________

                                 A BILL

To amend the Fastener Quality Act to strengthen the protection against 
 the sale of mismarked, misrepresented, and counterfeit fasteners and 
      eliminate unnecessary requirements, and for other purposes.

_______________________________________________________________________

                             April 29, 1999

        Reported from the Committee on Science with an amendment

                             April 29, 1999

Referred to the Committee on Commerce extended for a period ending not 
                       later than April 29, 1999

                             April 29, 1999

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                  Union Calendar No. 64
106th CONGRESS
  1st Session
                                H. R. 1183

                      [Report No. 106-121, Part I]

To amend the Fastener Quality Act to strengthen the protection against 
 the sale of mismarked, misrepresented, and counterfeit fasteners and 
      eliminate unnecessary requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1999

Mr. Sensenbrenner (for himself, Mr. Brown of California, Mrs. Morella, 
  Mr. Green of Wisconsin, Mr. Cook, Mrs. Biggert, and Mr. Kuykendall) 
 introduced the following bill; which was referred to the Committee on 
Science, and in addition to the Committee on Commerce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             April 29, 1999

 Additional sponsors: Mr. Garry Miller of California, Mr. Calvert, Mr. 
 Ehlers, Mr. Gutknecht, Mr. Shimkus, Mr. Manzullo, Mr. Pastor, and Mr. 
                                 Hobson

                             April 29, 1999

        Reported from the Committee on Science with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 29, 1999

Referral to the Committee on Commerce extended for a period ending not 
                       later than April 29, 1999

                             April 29, 1999

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                               18, 1999]

_______________________________________________________________________

                                 A BILL


 
To amend the Fastener Quality Act to strengthen the protection against 
 the sale of mismarked, misrepresented, and counterfeit fasteners and 
      eliminate unnecessary requirements, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fastener Quality Act Amendments Act 
of 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended 
to read as follows:

``SEC. 2. FINDINGS.

    ``The Congress finds that--
            ``(1) the United States fastener industry is a significant 
        contributor to the global economy, employing thousands of 
        workers in hundreds of communities;
            ``(2) the American economy uses billions of fasteners each 
        year;
            ``(3) state-of-the-art manufacturing and improved quality 
        assurance systems have dramatically improved fastener quality, 
        so virtually all fasteners sold in commerce meet or exceed the 
        consensus standards for the uses to which they are applied;
            ``(4) a small number of mismarked, misrepresented, and 
        counterfeit fasteners do enter commerce in the United States; 
        and
            ``(5) multiple criteria for the identification of fasteners 
        exist, including grade identification markings and 
        manufacturer's insignia, to enable purchasers and users of 
        fasteners to accurately evaluate the characteristics of 
        individual fasteners.''.

SEC. 3. DEFINITIONS.

    Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended 
to read as follows:

``SEC. 3. DEFINITIONS.

    ``As used in this Act, the term--
            ``(1) `accredited laboratory' means a fastener testing 
        facility used to perform end-of-line testing required by a 
        consensus standard or standards to verify that a lot of 
        fasteners conforms to the grade identification marking called 
        for in the consensus standard or standards to which the lot of 
        fasteners has been manufactured, and which--
                    ``(A) meets the requirements of ISO/IEC Guide 25, 
                including revisions from time to time, or another 
                document approved by the Director under section 10(c); 
                and
                    ``(B) has been accredited by a laboratory 
                accreditation body that meets the requirements of ISO/
                IEC Guide 58, including revisions from time to time, or 
                another document approved by the Director under section 
                10(d);
            ``(2) `consensus standard' means the provisions of a 
        document that describes fastener characteristics published by a 
        consensus standards organization or a Federal agency, and does 
        not include a proprietary standard;
            ``(3) `consensus standards organization' means the American 
        Society for Testing and Materials, the American National 
        Standards Institute, the American Society of Mechanical 
        Engineers, the Society of Automotive Engineers, the 
        International Organization for Standardization, any other 
        organization identified as a United States consensus standards 
        organization or a foreign and international consensus standards 
        organization in the Federal Register at 61 Fed. Reg. 50582-83 
        (September 26, 1996), and any successor organizations thereto;
            ``(4) `Director' means the Director of the National 
        Institute of Standards and Technology;
            ``(5) `distributor' means a person who purchases fasteners 
        for the purpose of reselling them at wholesale to unaffiliated 
        entities or individuals (an original equipment manufacturer and 
        its dealers shall be considered affiliated entities for 
        purposes of this Act);
            ``(6) `fastener' means a metallic screw, nut, bolt, or stud 
        having internal or external threads, with a nominal diameter of 
        6 millimeters or greater, in the case of such items described 
        in metric terms, or \1/4\ inch or greater, in the case of such 
        items described in terms of the English system of measurement, 
        or a load-indicating washer, that is through-hardened or 
        represented as meeting a consensus standard that calls for 
        through-hardening, and that is grade identification marked or 
        represented as meeting a consensus standard that requires grade 
        identification marking, except that such term does not include 
        any screw, nut, bolt, stud, or load-indicating washer that is--
                    ``(A) part of an assembly;
                    ``(B) in a package containing no more than 100 of 
                any one screw, nut, bolt, stud, or load-indicating 
                washer at the time of sale;
                    ``(C) produced and marked as ASTM A 307 Grade A, or 
                a successor standard thereto;
                    ``(D) produced in accordance with ASTM F 432, or a 
                successor standard thereto;
                    ``(E) specifically manufactured for use on an 
                aircraft if the quality and suitability of those 
                fasteners for that use has been approved--
                            ``(i) by the Federal Aviation 
                        Administration; or
                            ``(ii) by a foreign airworthiness authority 
                        as described in part 21.29, 21.500, 21.502, or 
                        21.617 of title 14 of the Code of Federal 
                        Regulations;
                    ``(F) manufactured in accordance with a fastener 
                quality assurance system; or
                    ``(G) manufactured to a proprietary standard, 
                whether or not such proprietary standard directly or 
                indirectly references a consensus standard or any 
                portion thereof;
            ``(7) `fastener quality assurance system' means--
                    ``(A) a system that meets the requirements, 
                including revisions from time to time, of--
                            ``(i) International Organization for 
                        Standardization (ISO) Standard 9000, 9001, 
                        9002, or TS16949;
                            ``(ii) Quality System (QS) 9000 Standard;
                            ``(iii) Verband der Automobilindustrie e. 
                        V. (VDA) 6.1 Standard; or
                            ``(iv) Aerospace Basic Quality System 
                        Standard AS9000; or
                    ``(B) any fastener manufacturing system--
                            ``(i) that has as a stated goal the 
                        prevention of defects through continuous 
                        improvement;
                            ``(ii) that seeks to attain the goal stated 
                        in clause (i) by incorporating--
                                    ``(I) advance quality planning;
                                    ``(II) monitoring and control of 
                                the manufacturing process;
                                    ``(III) product verification 
                                embodied in a comprehensive written 
                                control plan for product and process 
                                characteristics, and process controls 
                                (including process influence factors 
                                and statistical process control), 
                                tests, and measurement systems to be 
                                used in production; and
                                    ``(IV) the creation, maintenance, 
                                and retention of electronic, 
                                photographic, or paper records required 
                                by the control plan regarding the 
                                inspections, tests, and measurements 
                                performed pursuant to the control plan; 
                                and
                            ``(iii) that--
                                    ``(I) is subject to certification 
                                in accordance with the requirements of 
                                ISO/IEC Guide 62, including revisions 
                                from time to time (or another document 
                                approved by the Director under section 
                                10(a)), by a third party who is 
                                accredited by an accreditation body in 
                                accordance with the requirements of 
                                ISO/IEC Guide 61, including revisions 
                                from time to time (or another document 
                                approved by the Director under section 
                                10(b)); or
                                    ``(II) undergoes regular or random 
                                evaluation and assessment by the end 
                                user or end users of the screws, nuts, 
                                bolts, studs, or load-indicating 
                                washers produced under such fastener 
                                manufacturing system to ensure that 
                                such system meets the requirements of 
                                clauses (i) and (ii);
            ``(8) `grade identification marking' means any grade-mark 
        or property class symbol appearing on a fastener purporting to 
        indicate that the lot of fasteners conforms to a specific 
        consensus standard, but such term does not include a 
        manufacturer's insignia or part number;
            ``(9) `lot' means a quantity of fasteners of one part 
        number fabricated by the same production process from the same 
        coil or heat number of metal as provided by the metal 
        manufacturer;
            ``(10) `manufacturer' means a person who fabricates 
        fasteners for sale in commerce;
            ``(11) `proprietary standard' means the provisions of a 
        document that describes characteristics of a screw, nut, bolt, 
stud, or load-indicating washer and is issued by a person who--
                    ``(A) uses screws, nuts, bolts, studs, or load-
                indicating washers in the manufacture, assembly, or 
                servicing of its products; and
                    ``(B) with respect to such screws, nuts, bolts, 
                studs, or washers, is a developer and issuer of 
                descriptions that have characteristics similar to 
                consensus standards and that bear such user's 
                identification;
            ``(12) `record of conformance' means a record or records 
        for each lot of fasteners sold or offered for sale that 
        contains--
                    ``(A) the name and address of the manufacturer;
                    ``(B) a description of the type of fastener;
                    ``(C) the lot number;
                    ``(D) the nominal dimensions of the fastener 

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