Union Calendar No. 64
106TH CONGRESS
1ST SESSION
H. R. 1183
[Report No. 106–121, Part I]
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.
APRIL 29, 1999
Reported from the Committee on Science with an
amendment
APRIL 29, 1999
Referred to the Committee on Commerce extended for a
period ending not later than April 29, 1999
APRIL 29, 1999
Committee on Commerce discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 64
106TH CONGRESS
1ST SESSION
H. R. 1183
[Report No. 106–121, Part I]
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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1999
Mr. SENSENBRENNER (for himself, Mr. BROWN of California, Mrs. MORELLA,
Mr. GREEN
of Wisconsin, Mr. COOK, Mrs. BIGGERT, and Mr.
KUYKENDALL) introduced the following bill; which was referred to the
Committee on Science, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
APRIL 29, 1999
Additional sponsors: Mr. GARRY MILLER of California, Mr. CALVERT, Mr.
EHLERS, Mr. GUTKNECHT, Mr. SHIMKUS, Mr. MANZULLO, Mr. PASTOR,
and Mr. HOBSON
APRIL 29, 1999
Reported from the Committee on Science with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 29, 1999
Referral to the Committee on Commerce extended for a period ending not
later than April 29, 1999
APRIL 29, 1999
Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 18, 1999]
A BILL
To amend the Fastener Quality Act to strengthen the protec-
tion against the sale of mismarked, misrepresented, and
counterfeit fasteners and eliminate unnecessary require-
ments, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress 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 sig-
nificant contributor to the global economy, employing
thousands of workers in hundreds of communities;
‘‘(2) the American economy uses billions of fas-
teners each year;
‘‘(3) state-of-the-art manufacturing and im-
proved quality assurance systems have dramatically
improved fastener quality, so virtually all fasteners
sold in commerce meet or exceed the consensus stand-
ards for the uses to which they are applied;
‘‘(4) a small number of mismarked, misrepre-
sented, and counterfeit fasteners do enter commerce in
the United States; and
‘‘(5) multiple criteria for the identification of
fasteners exist, including grade identification mark-
ings and manufacturer’s insignia, to enable pur-
chasers 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 re-
quired by a consensus standard or standards to verify
that a lot of fasteners conforms to the grade identi-
fication marking called for in the consensus standard
or standards to which the lot of fasteners has been
manufactured, and which—
‘‘(A) meets the requirements of ISO/IEC
Guide 25, including revisions from time to time,
or another document approved by the Director
under section 10(c); and
‘‘(B) has been accredited by a laboratory ac-
creditation body that meets the requirements of
ISO/IEC Guide 58, including revisions from
time to time, or another document approved by
the Director under section 10(d);
‘‘(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 Amer-
ican Society of Mechanical Engineers, the Society of
Automotive Engineers, the International Organiza-
tion for Standardization, any other organization
identified as a United States consensus standards or-
ganization 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 Na-
tional Institute of Standards and Technology;
‘‘(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 pre-
vention of defects through continuous im-
provement;
‘‘(ii) that seeks to attain the goal stated
in clause (i) by incorporating—
‘‘(I) advance quality planning;
‘‘(II) monitoring and control of
the manufacturing process;
‘‘(III) product verification em-
bodied in a comprehensive written con-
trol plan for product and process char-
acteristics, and process controls (in-
cluding 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, photo-
graphic, or paper records required by
the control plan regarding the inspec-
tions, tests, and measurements per-
formed pursuant to the control plan;
and
‘‘(iii) that—
‘‘(I) is subject to certification in
accordance with the requirements of
ISO/IEC Guide 62, including revisions
from time to time (or another docu-
ment approved by the Director under
section 10(a)), by a third party who is
accredited by an accreditation body in
accordance with the requirements of
ISO/IEC Guide 61, including revisions
from time to time (or another docu-
ment approved by the Director under
section 10(b)); or
‘‘(II) undergoes regular or ran-
dom 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 fas-
teners conforms to a specific consensus standard, but
such term does not include a manufacturer’s insignia
or part number;
‘‘(9) ‘lot’ means a quantity of fasteners of one
part number fabricated by the same production proc-
ess from the same coil or heat number of metal as
provided by the metal manufacturer;
‘‘(10) ‘manufacturer’ means a person who fab-
ricates fasteners for sale in commerce;
‘‘(11) ‘proprietary standard’ means the provi-
sions 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, assem-
bly, or servicing of its products; and
‘‘(B) with respect to such screws, nuts, bolts,
studs, or washers, is a developer and issuer of de-
scriptions that have characteristics similar to
consensus standards and that bear such user’s
identification;
‘‘(12) ‘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 manufac-
turer;
‘‘(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 specifica-
tions to which the lot of fasteners has been man-
ufactured, 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;
and
‘‘(G) the coating material and characteris-
tics and the applicable consensus standard or
specifications for such coating;
‘‘(13) ‘represent’ means to describe one or more
of a fastener’s purported characteristics in a docu-
ment or statement that is transmitted to a purchaser
through any medium;
‘‘(14) ‘Secretary’ means the Secretary of Com-
merce;
‘‘(15) ‘specifications’ means the required charac-
teristics identified in the contractual agreement with
the manufacturer or to which a fastener is otherwise
produced, except that the term does not include pro-
prietary standards; and
‘‘(16) ‘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.
Sections 5 through 7 of the Fastener Quality Act (15
U.S.C. 5404–7) 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 man-
ufacturer or distributor, in conjunction with a sale or offer
for sale of a fastener, to knowingly misrepresent or falsify—
‘‘(1) the record of conformance for the lot of fas-
teners;
‘‘(2) the identification, characteristics, prop-
erties, mechanical or performance marks, chemistry,
or strength of the lot of fasteners; or
‘‘(3) the manufacturer’s insignia.
‘‘(b) REPRESENTATIONS.—A direct or indirect ref-
erence to a consensus standard to represent that a fastener
conforms to particular requirements of the consensus stand-
ard shall not be construed as a representation that the fas-
tener meets all the requirements of the consensus standard.
‘‘(c) SPECIFICATIONS.—A direct or indirect contrac-
tual reference to a consensus standard for the purpose of
identifying particular requirements of the consensus stand-
ard 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 stand-
ard or standards, end-of-line testing required by the con-
sensus 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 manufac-
tured shall be conducted by an accredited laboratory.’’.
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 fol-
lows:
‘‘(a) GENERAL RULE.—Unless the specifications pro-
vide otherwise, a fastener that is required by the applicable
consensus standard or standards to bear an insignia identi-
fying its manufacturer shall not be offered for sale or sold
in commerce unless—
‘‘(1) the fastener bears such insignia; and
‘‘(2) the manufacturer has complied with the in-
signia 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 sec-
tion’’ and inserting ‘‘of this subsection’’;
(2) in subsection (b)(4), by inserting ‘‘arbitrate,’’
after ‘‘Secretary may’’;
(3) by striking paragraph (3) of subsection (c);
and
(4) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘ENFORCE-
MENT.—’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) The Secretary, acting through the Director, shall
establish and maintain a hotline system to facilitate the
reporting of alleged violations of this Act, and the Secretary
shall investigate credible allegations reported through that
system.’’.
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 strik-
ing subsections (a) and (b) and inserting the following:
‘‘Manufacturers 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 pur-
chased a fastener, or a person who has purchased a fastener
for use in the production of a commercial product, the man-
ufacturer 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 strik-
ing ‘‘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 docu-
ment setting forth guidance or requirements for the certifi-
cation of manufacturing systems, including fastener manu-
facturing systems, by an accredited third party may peti-
tion 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 with-
in 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 61.
‘‘(c) LABORATORY ACCREDITATION.—A person pub-
lishing a document setting forth guidance or requirements
for the accreditation of laboratories may petition the Direc-
tor 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 per-
son publishing a document setting forth guidance or re-
quirements for the approval of accreditation bodies to ac-
credit 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/IEC Guide 58.’’.
SEC. 11. APPLICABILITY.
At the end of the Fastener Quality Act, insert the fol-
lowing 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 of
1999, except that if a manufacturer or distributor of fas-
teners fabricated before that date prepares a record of con-
formance for such fasteners, representations about such fas-
teners shall be subject to the requirements of this Act.’’.
SEC. 12. EFFECTIVE DATE.
Section 4(d) of the Fastener Quality Act, as added by
section 4 of this Act, shall take effect 2 years after the date
of enactment of this Act.