formed 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 docu-
ment 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 an-
other document approved by the Di-
rector under section 10(b)), including
revisions from time to time; 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 in-
signia or part number;
‘‘(9) ‘importer’ means a distributor located
within the United States who contracts for the ini-
tial purchase of fasteners manufactured outside the
United States;
‘‘(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 fab-
ricates fasteners for sale in commerce;
‘‘(12) ‘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, as-
sembly, 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 manu-
facturer;
‘‘(B) a description of the type of fastener;
‘‘(C) the lot number;
‘‘(D) the nominal dimensions of the fas-
tener (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
manufactured, including the date, number, revi-
sion, and other information sufficient to iden-
tify the particular consensus standard or speci-
fications being referenced;
‘‘(F) the chemistry and grade of material;
‘‘(G) the coating material and characteris-
tics 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 docu-
ment or statement that is transmitted to a pur-
chaser through any medium;
‘‘(15) ‘Secretary’ means the Secretary of Com-
merce;
‘‘(16) ‘specifications’ means the required char-
acteristics identified in the contractual agreement
with the manufacturer or to which a fastener is oth-
erwise produced, except that the term does not in-
clude proprietary standards; and
‘‘(17) ‘through-harden’ means heating above
the transformation temperature followed by quench-
ing and tempering for the purpose of achieving uni-
form hardness.’’.
SEC. 4. SALE OF FASTENERS.
(a) AMENDMENT.—Sections 5 through 7 of the Fas-
tener 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—
‘‘(1) the record of conformance for the lot of
fasteners;
‘‘(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 fas-
tener conforms to particular requirements of the con-
sensus standard shall not be construed as a representation
that the fastener meets all the requirements of the con-
sensus standard.
‘‘(c) SPECIFICATIONS.—A direct or indirect contrac-
tual reference to a consensus standard for the purpose of
identifying particular requirements of the consensus
standard that serve as specifications shall not be con-
strued to require that the fastener meet all the require-
ments 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 manu-
factured shall be conducted by an accredited laboratory.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 2 years after the date of
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 fol-
lows:
‘‘(a) GENERAL RULE.—Unless the specifications pro-
vide otherwise, fasteners that are required by the applica-
ble 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 ‘‘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:
‘‘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-
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.
‘‘(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.
‘‘(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
such fasteners shall be subject to the requirements of this
Act.’’.
SEC. 12. COMPTROLLER GENERAL REPORT.
Not later than 2 years after the date of the enact-
ment of this Act, the Comptroller General shall transmit
to the Congress a report describing any changes in indus-
try 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.
Passed the House of Representatives May 11, 1999.
Attest:
Clerk.