Fastener Quality Act Amendments Act of 1999
PL 106-34 (H.R.1183), enacted 06/08/1999

113 STAT. 118 
PUBLIC LAW 106-34—JUNE 8, 1999 
Public Law 106-34 
106th Congress 
An Act 
T 
a iQQq 
'^° amend the Fastener Quality Act to strengthen the protection against the sale 
"°® ' 
of mismarked, misrepresented, and counterfeit fasteners and eliminate unneces-
[H.R. 1183] 
sary requirements, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Fastener Quality 
the United States of America in Congress assembled, 
Act Amendments 
^ „ ^ „ „ ^ ^ , 
„„^-^,., ..r,^^-^ ^ 
Act of 1999. 
SECTION 1. SHORT TITLE. 
^5,Y^^^^°^ 
This Act may be cited as the "Fastener QuaHty Act Amend-
°''^- 
merits 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— 
PUBLIC LAW 106-34-^JUNE 8, 1999 
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 laboratoiy accreditation 
body that meets the requirements of ISO/IEC Guide 58 
(or another document approved by the Director imder 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 V* 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 
113 STAT. 120 
PUBLIC LAW 1 0 6 - 3 4 ^ J U N E 8, 1999 
"(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 manufactur-
ing 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/IE(j 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; 
PUBLIC LAW 106-34—JUNE 8, 1999 
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 fasten-
ers 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 cheu-acteristics 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 summeiry 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 fasten-
er's purported characteristics in a document or statement that 
is tr£insmitted to a purchaser through any medium; 
"(15) 'Secretairy' means the Secretary of Commerce; 
"(16) 'specifications' means the required cheiracteristics 
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 hsirdness.". 
SEC. 4. SALE OF FASTENERS. 
(a) AMENDMENT.—Sections 5 through 7 of the Fastener Quzdity 
Act (15 U.S.C. 5404-6) are repealed, and the following new section 
15 USC 
is inserted after section 3 of such Act: 
5404-5406. 
•*SEC. 4. SALE OF FASTENERS. 
15 USC 5403. 
"(a) GENERAL RULE.—It shall be unlawf\il 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— 
113 STAT. 122 
PUBLIC LAW 1 0 6 - 3 4 - J U N E 8, 1999 
15 use 5403 
note. 
Establishment 
"(1) the record of conformance for the lot of fasteners; 
"(2) the identification, characteristics, properties, mechani-
cal 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 particu-
lar 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 fasten-
ers 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 mancing 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. 6. MANUFACTURERS' INSIGNIAS. 
Section 8 of the Fastener QuaHty Act (15 U.S.C. 5407) is 
redesignated as section 5 and is amendea— 
(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 stand-
ard 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 Quahty 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 sys-
tem and report any credible allegations to the Attorney Gen-
eral". 
PUBLIC LAW 106-34-^JUNE 8, 1999 
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 and importers shall retain the record of 
conformeuice for fasteners for 5 years, on paper or in photographic 
or electronic format in a meinner 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. RELATIONSfflP 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 manufactur-
ing 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 shedl 
act upon a petition within 180 days after its filing, and shall 
approve such petition if the document provides equal or greater 
rigor £ind reliability as compared to ISO/IEC Guide 62. 
"(b) ACCREDITATION.—^A person publishing a docimient 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 docvmient 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 reliabil-
ity as compared to ISO/IEC Guide 25. 
"(d) APPROVAL OF ACCREDITATION BODIES.—A person pubhshing 
a document setting forth guidsmce or requirements for the approvad 
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/ 
Exports and 
imports. 
15 use 5412, 
5414. 
15 use 5411a. 
113 STAT. 124 
PUBLIC LAW 106-34-^JUNE 8, 1999 
15 use 5411b. 
lEC Guide 58. In addition to any other voluntary laboratory accredi-
tation progreims 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/ 
lEC 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 
pEirties who certify manufacturing systems as fastener quality 
assiirance 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 Euiother 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 KB) shsdl £iffirm to the Director that it meets the 
requirements of ISO/IEC Guide 58 (or another docmnent 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 accompan3dng 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. APPUCABILITY. 
"The requirements of this Act shall be applicable only to fasten-
ers 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.". 
PUBLIC LAW 106-34—JUNE 8, 1999 
113 STAT. 125 
SEC. 12. COMPTROLLER GENERAL REPORT. 
15 USC 5402 
Not later than 2 years after the date of the enactment of 
this Act, the Comptroller Greneral 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.