By Mr. McCAIN (for himself, Mr. Hollings, Mr. Frist, Mr. Burns, and Mr. Breaux):
S. 795. 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; to the Committee on Commerce, Science, and Transportation.
Mr. McCAIN. Mr. President, I rise to introduce the Fastener Quality Act Amendments Act of 1999. This bill represents major revisions to the original Fastener Quality Act as passed in 1990.
Every year billions of special high-strength bolts, screws, and other fasteners are sold in the United States which carry grade identification markings. The markings indicate that the fasteners conform to specifications set by consensus standards organizations. These grade-marked fasteners are used in critical applications like aircraft, automobiles, and highway bridges where failure of a fastener could jeopardize public safety.
In 1998, the Congress passed legislation (P.L. 105-234) delaying implementation of the Fastener Quality Act to allow the Secretary of Commerce to conduct a review of changes in fastener manufacturing processes and the existence of other regulatory programs covering fasteners. The review was submitted to the Congress on February 24, 1999, in coordination with several other Federal agencies which have public safety responsibilities including the Defense Industrial Supply Center, the National Highway Traffic Safety Administration, the Federal Aviation Administration, and National Aeronautics and Space Administration.
This bill reflects the findings and recommendations of that report. The bill's content further represents discussions between both the Senate Commerce Committee and the House Science Committee, the Department of Commerce, and private industry representatives. Mr. President, let me note that if these revisions to the Fastener Quality Act are not implemented into law by June 24 of this year, the Secretary of Commerce will have no other choice but to implement the Act as originally passed in 1990. Therefore, several of the nation's key industries may be brought to a halt due to lack of certified fasteners. The impact of such a slow down would be disastrous both economically and in terms of continuous flow of products and services to maintain our current way of life.
The bill defines fasteners as `a metallic screw, nut, bolt, or stud having internal or external threads, with a nominal diameter of one-fourth inch or greater, or a load-indicating washer, that is through-hardened or represented as meeting through-hardening, and that is grade identification marked or represented as meeting a consensus standard that requires grade identification marking.' This definition substantially reduces the scope of covered fasteners under the Act.
The bill also establishes a hotline in which the public may notify the Department of Commerce of alleged violations of the Fastener Quality Act. It requires record keeping for a period of five years, instead of the previous ten years, via both traditional and electronic means.
To address current inventory concerns, the Act will be applicable only to fasteners fabricated 180 days after the enactment of this bill.
Furthermore, in cases of fasteners manufactured to a consensus standard or standards that require end-of-line testing, the testing is to be performed by an accredited laboratory. This accredited laboratory requirement shall not take effect until two years after enactment of this Act.
Therefore, I, along with my co-sponsors, urge the members of this body to support this bill and to provide the needed legislation which will allow several key industries in this country continuous operation in a safe and responsible manner.