[106th Congress Public Law 34]
[From the U.S. Government Printing Office]
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[DOCID: f:publ034.106]
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FASTENER QUALITY ACT AMENDMENTS ACT OF 1999
[[Page 113 STAT. 118]]
Public Law 106-34
106th Congress
An Act
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. <<NOTE: June
8, 1999 - [H.R. 1183]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Fastener Quality Act
Amendments Act of 1999. 15 USC 5401 note.>> 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--
[[Page 113 STAT. 119]]
``(A) meets the requirements of ISO/IEC Guide 25 (or
another document approved by the Director under section
10(c)), including revisions from time-to-time; and
``(B) has been accredited by a laboratory
accreditation body that meets the requirements of ISO/
IEC Guide 58 (or another document approved by the
Director under section 10(d)), including revisions from
time-to-time;
``(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
persons within the United States (an original equipment
manufacturer and its dealers shall be considered affiliated
persons 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) a part that is ordered for use as a spare,
substitute, service, or replacement part, unless that
part is in a package containing more than 75 of any such
part at the time of sale, or a part that is contained in
an assembly kit;
``(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
[[Page 113 STAT. 120]]
``(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) advanced 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 (or another document
approved by the Director under section
10(a)), including revisions from time-
to-time, by a third party who is
accredited by an accreditation body in
accordance with the requirements of ISO/
IEC Guide 61 (or another document
approved by the Director under section
10(b)), including revisions from time-
to-time; 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) `importer' means a distributor located within the
United States who contracts for the initial purchase of
fasteners manufactured outside the United States;
[[Page 113 STAT. 121]]
``(10) `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;
``(11) `manufacturer' means a person who fabricates
fasteners for sale in commerce;
``(12) `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;
``(13) `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
(including diameter and length of bolts or screws),
thread form, and class of fit;
``(E) the consensus standard or specifications to
which the lot of fasteners has been manufactured,
including the date, number, revision, and other
information sufficient to identify the particular
consensus standard or specifications being referenced;
``(F) the chemistry and grade of material;
``(G) the coating material and characteristics and
the applicable consensus standard or specifications for
such coating; and
``(H) the results or a summary of results of any
tests performed for the purpose of verifying that a lot
of fasteners conforms to its grade identification
marking or to the grade identification marking the lot
of fasteners is represented to meet;
``(14) `represent' means to describe one or more of a
fastener's purported characteristics in a document or statement
that is transmitted to a purchaser through any medium;
``(15) `Secretary' means the Secretary of Commerce;
``(16) `specifications' means the required characteristics
identified in the contractual agreement with the manufacturer or
to which a fastener is otherwise produced, except that the term
does not include proprietary standards; and
``(17) `through-harden' means heating above the
transformation temperature followed by quenching and tempering
for the purpose of achieving uniform hardness.''.
SEC. 4. SALE OF FASTENERS.
(a) Amendment.--Sections 5 through 7 of the Fastener Quality Act (15
U.S.C. 5404-6) <<NOTE: 15 USC 5404-5406.>> are repealed, and the
following new section is inserted after section 3 of such Act:
``SEC. 4. <<NOTE: 15 USC 5403.>> SALE OF FASTENERS.
``(a) General Rule.--It shall be unlawful for a manufacturer or
distributor, in conjunction with the sale or offer for sale of fasteners
from a single lot, to knowingly misrepresent or falsify--
[[Page 113 STAT. 122]]
``(1) the record of conformance for the lot of fasteners;
``(2) the identification, characteristics, properties,
mechanical or performance marks, chemistry, or strength of the
lot of fasteners; or
``(3) the manufacturer's insignia.
``(b) Representations.--A direct or indirect reference to a
consensus standard to represent that a fastener conforms to particular
requirements of the consensus standard shall not be construed as a
representation that the fastener meets all the requirements of the
consensus standard.
``(c) Specifications.--A direct or indirect contractual reference to
a consensus standard for the purpose of identifying particular
requirements of the consensus standard that serve as specifications
shall not be construed to require that the fastener meet all the
requirements of the consensus standard.
``(d) Use of Accredited Laboratories.--In the case of fasteners
manufactured solely to a consensus standard or standards, end-of-line
testing required by the consensus standard or standards, if any, for the
purpose of verifying that a lot of fasteners conforms with the grade
identification marking called for in the consensus standard or standards
to which the lot of fasteners has been manufactured shall be conducted
by an accredited laboratory.''.
(b) Effective <<NOTE: 15 USC 5403 note.>> Date.--Subsection (d) of
section 4 of the Fastener Quality Act, as added by subsection (a) of
this section, shall take effect 2 years after the date of the enactment
of this Act.
SEC. 5. MANUFACTURERS' INSIGNIAS.
Section 8 of the Fastener Quality Act (15 U.S.C. 5407) is
redesignated as section 5 and is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Rule.--Unless the specifications provide otherwise,
fasteners that are required by the applicable consensus standard or
standards to bear an insignia identifying their manufacturer shall not
be offered for sale or sold in commerce unless--
``(1) the fasteners bear such insignia; and
``(2) the manufacturer has complied with the insignia
recordation requirements established under subsection (b).'';
and
(2) in subsection (b), by striking ``and private label'' and
all that follows and inserting ``described in subsection (a).''.
SEC. 6. REMEDIES AND PENALTIES.
Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is
redesignated as section 6 and is amended--
(1) in subsection (b)(3), by striking ``of this section''
and inserting ``of this subsection'';
(2) in subsection (b)(4), by inserting ``arbitrate,'' after
``Secretary may''; and
(3) in subsection (d)--
(A) by inserting ``(1)'' after ``Enforcement.--'';
and
(B) by adding at the end the following new
paragraph:
``(2) <<NOTE: Establishment.>> The Secretary shall establish and
maintain a hotline system to facilitate the reporting of alleged
violations of this Act, and the Secretary shall evaluate allegations
reported through that system and report any credible allegations to the
Attorney Gen-
eral.''.
[[Page 113 STAT. 123]]
SEC. 7. RECORDKEEPING REQUIREMENTS.
Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is
redesignated as section 7 and is amended by striking subsections (a) and
(b) and inserting the following:
``Manufacturers <<NOTE: Exports and imports.>> and importers shall
retain the record of conformance for fasteners for 5 years, on paper or
in photographic or electronic format in a manner that allows for
verification of authenticity. Upon request of a distributor who has
purchased a fastener, or a person who has purchased a fastener for use
in the production of a commercial product, the manufacturer or importer
of the fastener shall make available information in the record of
conformance to the requester.''.
SEC. 8. RELATIONSHIP TO STATE LAWS.
Section 11 of the Fastener Quality Act (15 U.S.C. 5410) is
redesignated as section 8.
SEC. 9. CONSTRUCTION.
Section 12 of the Fastener Quality Act (15 U.S.C. 5411) is
redesignated as section 9 and is amended by striking ``in effect on the
date of enactment of this Act''.
SEC. 10. CERTIFICATION AND ACCREDITATION.
Sections <<NOTE: 15 USC 5412, 5414.>> 13 and 15 of the Fastener
Quality Act (15 U.S.C. 5412 and 14) are repealed, and the following new
section is inserted at the end of that Act:
``SEC. 10. <<NOTE: 15 USC 5411a.>> CERTIFICATION AND ACCREDITATION.
``(a) Certification.--A person publishing a document setting forth
guidance or requirements for the certification of manufacturing systems
as fastener quality assurance systems by an accredited third party may
petition the Director to approve such document for use as described in
section 3(7)(B)(iii)(I). The Director shall act upon a petition within
180 days after its filing, and shall approve such petition if the
document provides equal or greater rigor and reliability as compared to
ISO/IEC Guide 62.
``(b) Accreditation.--A person publishing a document setting forth
guidance or requirements for the approval of accreditation bodies to
accredit third parties described in subsection (a) may petition the
Director to approve such document for use as described in section
3(7)(B)(iii)(I). The Director shall act upon a petition within 180 days
after its filing, and shall approve such petition if the document
provides equal or greater rigor and reliability as compared to ISO/IEC
Guide 61.
``(c) Laboratory Accreditation.--A person publishing a document
setting forth guidance or requirements for the accreditation of
laboratories may petition the Director to approve such document for use
as described in section 3(1)(A). The Director shall act upon a petition
within 180 days after its filing, and shall approve such petition if the
document provides equal or greater rigor and reliability as compared to
ISO/IEC Guide 25.
``(d) Approval of Accreditation Bodies.--A person publishing a
document setting forth guidance or requirements for the approval of
accreditation bodies to accredit laboratories may petition the Director
to approve such document for use as described in section 3(1)(B). The
Director shall act upon a petition within 180 days after its filing, and
shall approve such petition if the document provides equal or greater
rigor and reliability as compared to ISO/
[[Page 113 STAT. 124]]
IEC Guide 58. In addition to any other voluntary laboratory
accreditation programs that may be established by private sector
persons, the Director shall establish a National Voluntary Laboratory
Accreditation Program, for the accreditation of laboratories as
described in section 3(1)(B), that meets the requirements of ISO/IEC
Guide 58 (or another document approved by the Director under this
subsection), including revisions from time-to-time.
``(e) Affirmation.--(1) An accreditation body accrediting third
parties who certify manufacturing systems as fastener quality assurance
systems as described in section 3(7)(B)(iii)(I) shall affirm to the
Director that it meets the requirements of ISO/IEC Guide 61 (or another
document approved by the Director under subsection (b)), including
revisions from time-to-time.
``(2) An accreditation body accrediting laboratories as described in
section 3(1)(B) shall affirm to the Director that it meets the
requirements of ISO/IEC Guide 58 (or another document approved by the
Director under subsection (d)), including revisions from time-to-time.
``(3) An affirmation required under paragraph (1) or (2) shall take
the form of a self-declaration that the accreditation body meets the
requirements of the applicable Guide, signed by an authorized
representative of the accreditation body, without requirement for
accompanying documentation. Any such affirmation shall be considered to
be a continuous affirmation that the accreditation body meets the
requirements of the applicable Guide, unless and until the affirmation
is withdrawn by the accreditation body.''.
SEC. 11. APPLICABILITY.
At the end of the Fastener Quality Act, insert the following new
section:
``SEC. 11. <<NOTE: 15 USC 5411b.>> APPLICABILITY.
``The requirements of this Act shall be applicable only to fasteners
fabricated 180 days or more after the date of the enactment of the
Fastener Quality Act Amendments Act of 1999, except that if a
manufacturer or distributor of fasteners fabricated before that date
prepares a record of conformance for such fasteners, representations
about such fasteners shall be subject to the requirements of this
Act.''.
[[Page 113 STAT. 125]]
SEC. 12. <<NOTE: 15 USC 5402 note.>> COMPTROLLER GENERAL REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General shall transmit to the Congress a report
describing any changes in industry practice resulting from or apparently
resulting from the enactment of section 3(6)(B) of the Fastener Quality
Act, as added by section 3 of this Act.
Approved June 8, 1999.
LEGISLATIVE HISTORY--H.R. 1183:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-121, Pt. 1 (Comm. on Science).
CONGRESSIONAL RECORD, Vol. 145 (1999):
May 11, considered and passed House.
May 25, considered and passed Senate.
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