HR 1183 RDS
(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 ‘‘arbi-
trate,’’ after ‘‘Secretary may’’; and
(3) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘ENFORCE-
MENT.—’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) The Secretary shall establish and maintain a
hotline system to facilitate the reporting of alleged viola-
tions of this Act, and the Secretary shall evaluate allega-
tions reported through that system and report any credible
allegations to the Attorney General.’’.
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 fol-
lowing:
HR 1183 RDS
‘‘Manufacturers 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 dis-
tributor 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 the enactment of this
Act’’.
SEC. 10. CERTIFICATION AND ACCREDITATION.
Sections 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U.S.C. 5412 and 14) are repealed, and the following new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. CERTIFICATION AND ACCREDITATION.
‘‘(a) CERTIFICATION.—A person publishing a docu-
ment setting forth guidance or requirements for the cer-
tification of manufacturing systems as fastener quality as-
HR 1183 RDS
surance systems by an accredited third party may petition
the Director to approve such document for use as de-
scribed 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 docu-
ment setting forth guidance or requirements for the ap-
proval of accreditation bodies to accredit third parties de-
scribed in subsection (a) may petition the Director to ap-
prove 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 pub-
lishing a document setting forth guidance or requirements
for the accreditation of laboratories may petition the Di-
rector 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.
HR 1183 RDS
‘‘(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 docu-
ment provides equal or greater rigor and reliability as
compared to ISO/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 Di-
rector under this subsection), including revisions from
time to time.
‘‘(e) AFFIRMATION.—(1) An accreditation body ac-
crediting third parties who certify manufacturing systems
as fastener quality assurance systems as described in sec-
tion 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.
HR 1183 RDS
‘‘(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 sub-
section (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 ac-
creditation body meets the requirements of the applicable
Guide, signed by an authorized representative of the ac-
creditation 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. 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