H. R. 1183
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To amend the Fastener Quality Act to strengthen the protection against the sale
of mismarked, misrepresented, and counterfeit fasteners and eliminate unneces-
sary 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 Amend-
ments 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—
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‘‘(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 sec-
tion 10(d)), including revisions from time-to-time;
‘‘(2) ‘consensus standard’ means the provisions of a docu-
ment 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 Engi-
neers, the Society of Automotive Engineers, the International
Organization for Standardization, any other organization identi-
fied 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 manu-
facturer 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 rep-
resented 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 pack-
age 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
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‘‘(G) manufactured to a proprietary standard, whether
or not such proprietary standard directly or indirectly ref-
erences 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 manufac-
turing process;
‘‘(III) product verification embodied in a com-
prehensive 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 inspec-
tions, tests, and measurements performed pursu-
ant 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 require-
ments 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 manufac-
turing 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 manufac-
turer’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;
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‘‘(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 fas-
teners for sale in commerce;
‘‘(12) ‘proprietary standard’ means the provisions of a docu-
ment 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 specifica-
tions 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 fas-
tener’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 trans-
formation 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) are repealed, and the following new section
is inserted after section 3 of such Act:
‘‘SEC. 4. 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—
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‘‘(1) the record of conformance for the lot of fasteners;
‘‘(2) the identification, characteristics, properties, mechan-
ical 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 con-
sensus 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 fas-
teners 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 manu-
factured shall be conducted by an accredited laboratory.’’.
(b) EFFECTIVE 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 other-
wise, fasteners that are required by the applicable consensus
standard or standards to bear an insignia identifying their manufac-
turer 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 ‘‘Sec-
retary may’’; and
(3) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘ENFORCEMENT.—’’; 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 violations of this Act, and
the Secretary shall evaluate allegations reported through that
system and report any credible allegations to the Attorney Gen-
eral.’’.
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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 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 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 document setting
forth guidance or requirements for the certification of manufac-
turing systems as fastener quality assurance systems by an accred-
ited 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 docu-
ment 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 reli-
ability 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/
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IEC Guide 58. In addition to any other voluntary laboratory accredi-
tation 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 require-
ment 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 fas-
teners 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, represen-
tations about such fasteners shall be subject to the requirements
of this Act.’’.
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SEC. 12. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.