§ 5401. Findings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Fastener Quality Act

   Pub. L. 101–592 § 2 · 104 Stat. 2943

   Enacted · 15 U.S.C. § 5401

   Pub. L. 101–592, § 2, Nov. 16, 1990, 104 Stat. 2943

   Source evidence

   Code source credit
   Pub. L. 101–592, § 2, Nov. 16, 1990, 104 Stat. 2943

   Enacted provision · exact public law section
   SEC. 2. FINDINGS AND PURPOSE. (a) Findings.— The Congress finds that— (1) the American economy uses billions of fasteners each year; (2) millions of mismarked, substandard, counterfeit, and other nonconforming fasteners have been sold in commerce to end--users in the United States, and their use has dramatically increased the risk of equipment and infrastructure failures; (3) both the military and civilian sectors of the economy have encountered unnecessary, unwarranted, and dangerous equipment and construction failures, as well as extraordinary expenses, as a result of the use of nonconforming fasteners; (4) the sale in commerce of nonconforming fasteners and the use of nonconforming fasteners in numerous critical applications have reduced the combat readiness of the Nation’s military forces, endangered the safety of other Federal projects and activities, and cost both the public and private sectors large sums in connection with the retesting and purging of fastener inventories; (5) the purchase and use of nonconforming fasteners stem from material misrepresentations about such fasteners made by certain manufacturers, importers, and distributors engaged in commerce; (6) current fastener standards of measurement evaluate bolts and other fasteners according to multiple criteria, including strength, hardness, and composition, and provide grade identification markings on fasteners to make the characteristics of individual fasteners clear to purchasers and users; (7) current tests required by consensus standards, designed to ensure that fasteners are of standard measure, are adequate and appropriate for use as standards in a program of high-strength fastener testing; (8) the lack of traceability by lot number of fasteners sold in commerce is a serious impediment to effective quality control efforts; and (9) the health and safety of Americans is threatened by the widespread sale in commerce of mismarked, substandard, and counterfeit fasteners, a practice which also harms American manufacturers, importers, and distributors of safe and conforming fasteners, and workers in the American fastener industry. (b) Purpose.— In order to protect public safety, to deter the introduction of nonconforming fasteners into commerce, to improve the traceability of fasteners used in critical applications, and generally to provide commercial and governmental customers with greater assurance that fasteners meet stated specifications, it is the purpose of this Act to create procedures for the testing, certification, and distribution of certain fasteners used in commerce within the United States.

2. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(a)(1) · 110 Stat. 775

   1. Redesignated · 15 U.S.C. § 5401(a)(4)(6)

      Pub. L. 104–113, § 11(a)(1), redesignated pars. (5) to (7) as (4) to (6), respectively

   2. Struck · 15 U.S.C. § 5401(a)(4)(6)

      Pub. L. 104–113, § 11(a)(1), struck out former par. (4) which read as follows: “the sale in commerce of nonconforming fasteners and the use of nonconforming fasteners in numerous critical applications have reduced the combat readiness of the Nation’s military forces, endangered the safety of other Federal projects and activities, and cost both the public and private sectors large sums in connection with the retesting and purging of fastener inventories;”

   Source evidence

   Code amendment note
   Subsec. (a)(4) to (6). Pub. L. 104–113, § 11(a)(1), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which read as follows: “the sale in commerce of nonconforming fasteners and the use of nonconforming fasteners in numerous critical applications have reduced the combat readiness of the Nation’s military forces, endangered the safety of other Federal projects and activities, and cost both the public and private sectors large sums in connection with the retesting and purging of fastener inventories;”.

   Enacted provision · exact public law section
   (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively;

3. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(a)(2) · 110 Stat. 775

   Struck · 15 U.S.C. § 5401(a)(7)

   Pub. L. 104–113, § 11(a)(2), struck out “by lot number” after “traceability”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 104–113, § 11(a)(2), struck out “by lot number” after “traceability”.

   Enacted provision · exact public law section
   (2) in subsection (a)(7), as so redesignated by paragraph (1) of this subsection, by striking “by lot number”; and

4. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(a)(1) · 110 Stat. 775

   Redesignated · 15 U.S.C. § 5401(a)(7)

   Pub. L. 104–113, § 11(a)(1), redesignated par. (8) as (7). Former par. (7) redesignated (6)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–113, § 11(a)(1), redesignated par. (8) as (7). Former par. (7) redesignated (6).

   Enacted provision · exact public law section
   (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively;

5. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(a)(1) · 110 Stat. 775

   Redesignated · 15 U.S.C. § 5401(a)(8); 15 U.S.C. § 5401(a)(9)

   Pub. L. 104–113, § 11(a)(1), redesignated par. (9) as (8). Former par. (8) redesignated (7)

   Source evidence

   Code amendment note
   Subsec. (a)(8), (9). Pub. L. 104–113, § 11(a)(1), redesignated par. (9) as (8). Former par. (8) redesignated (7).

   Enacted provision · exact public law section
   (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively;

6. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(a)(3) · 110 Stat. 775

   Substituted · 15 U.S.C. § 5401(b)

   Pub. L. 104–113, § 11(a)(3), substituted “in commerce” for “used in critical applications”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–113, § 11(a)(3), substituted “in commerce” for “used in critical applications”.

   Enacted provision · exact public law section
   (3) in subsection (b), by striking “used in critical applications” and inserting in lieu thereof “in commerce”.

7. 1999

   Pub. L. 106–34 § 2 · 113 Stat. 118

   Amended · 15 U.S.C. § 5401

   Pub. L. 106–34 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) stating findings of Congress and purpose of this chapter

   Source evidence

   Code amendment note
   Pub. L. 106–34 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) stating findings of Congress and purpose of this chapter.

   Enacted provision · exact public law section
   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.”.

8 of 8 references resolved to an enrolled provision