Fastener Quality Act
PL 101-592 (H.R.3000), enacted 11/16/1990

PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2943 
Public Law 101-592 
101st Congress 
An Act 
To reqmre that certfiin fasteners sold in commerce conform to the specifications to 
which they are represented to be manufactured, to provide for accreditation of 
laboratories engaged in fastener testing, to require inspection, testing, and certifi-
cation, in accordance with stemdardized methods, of fasteners used in critical 
applications to increase fastener quality and reduce the danger of fastener failure, 
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". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) the American economy uses billions of fasteners each year; 
(2) millions of mismarked, substandard, counterfeit, and other 
nonconforming fasteners have been sold in commerce to end-
users in the United States, and their use has dramatically 
increased the risk of equipment and infrastructure failures; 
(3) both the military and civilian sectors of the economy have 
encountered unnecessary, unwarranted, and dangerous equip-
ment and construction failures, as well as extraordinary ex-
penses, as a result of the use of nonconforming fasteners; 
(4) the sale in commerce of nonconforming fasteners and the 
use of nonconforming fasteners in numerous critical applica-
tions have reduced the combat readiness of the Nation's mili-
tary forces, endsmgered the safety of other Federsil projects and 
activities, and cost both the public and private sectors large 
sums in connection with the retesting and purging of fastener 
inventories; 
(5) the purchase and use of nonconforming fasteners stem 
from material misrepresentations about such fasteners made by 
certain msuiufacturers, importers, and distributors engaged in 
commerce; 
(6) current fastener standards of measurement evaluate bolts 
and other fasteners according to multiple criteria, including 
strength, hardness, and composition, and provide grade identi-
fication markings on fgisteners to make the characteristics of 
individual fasteners clear to purchasers and users; 
(7) current tests required by consensus standards, designed to 
ensure that fasteners are of standard measure, are adequate 
and appropriate for use as standards in a program of high-
strength fastener testing; 
(8) the lack of traceability by lot number of fasteners sold in 
commerce is a serious impediment to effective quality control 
efforts; and 
(9) the health and safety of Americans is threatened by the 
widespread sale in commerce of mismarked, substandard, and 
Nov. 16, 1990 
[H.R. 3000] 
Fastener Quality 
Act. 
Consumer 
protection. 
15 u s e 5401 
note. 
15 u s e 5401. 
104 STAT. 2944 
PUBLIC LAW 101-592—NOV. 16, 1990 
counterfeit fasteners, a practice which also harms American 
manufacturers, importers, and distributors of safe and conform-
ing fasteners, and workers in the American fastener industry, 
(b) PURPOSE.—In order to protect public safety, to deter the 
introduction of nonconforming fasteners into commerce, to improve 
the traceability of fsisteners used in critical applications, and gen-
erally to provide commercial and governmental customers with 
greater assurance that fasteners meet stated specifications, it is the 
purpose of this Act to create procedures for the testing, certification, 
and distribution of certain fasteners used in commerce within the 
United States. 
15 use 5402. 
SEC. 3. DEFINITIONS. 
As used in this Act, the term— 
(1) "alter" means to alter— 
(A) by through-hardening, 
(B) by electroplating of fasteners having a minimum 
tensile strength of 150,000 pounds per square inch, or 
(C) by machining; 
(2) "consensus standards organization" means the American 
Society for Testing and Materials, American National Stand-
ards Institute, American Society of Mechanical Engineers, Soci-
ety of Automotive Engineers, or any other standard-setting 
organization determined by the Secretary to have comparable 
knowledge, expertise, and concern for health and safety in the 
field for which such organization purports to set standards; 
(3) "container" means any package of fasteners traded in 
commerce; 
(4) "Director" means the Director of the National Institute of 
Standards and Technology; 
(5) "fastener" means— 
( A ) a -
(i) screw, nut, bolt, or stud having internal or exter-
nal threads, or 
(ii) a load-indicating washer, 
with a nominal diameter of 5 millimeters or greater, in the 
case of such items described in metric terms, or ¥4 inch or 
greater, in the case of such items described in terms of the 
English system of measurement, which contains any quan-
tity of metal and is held out as meeting a standard or 
specification which requires through-hardening, 
(B) a screw, nut, bolt, or stud having internal or external 
threads which bears a grade ident&cation marking re-
quired by a standard or specification, 
(C) a washer to the extent that it is subject to a standard 
or specification applicable to a screw, nut, bolt, or stud 
described in subparagraph (B), or 
(D) any item within a category added by the Secretary in 
accordance with section 4(b), 
except that such term does not include any screw, nut, bolt, or 
stud that is produced and marked as ASTM A 307 Grade A; 
(6) "grade identification marking" means any symbol appear-
ing on a fastener purporting to indicate that the fastener's base 
material, strength properties, or performance capabilities con-
form to a specific standard of a consensus standards organiza-
tion or other person; 
PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2945 
(7) "importer" means a person located within the United 
States who contracts for the initial purcheise of fasteners manu-
factured outside the United States for resale or such person's 
use within the United States; 
(8) "Institute" means the National Institute of Standard and 
Technology; 
(9) "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 
and submitted for inspection and testing at one time; 
(10) "manufacturer means a person who fabricates fasteners, 
or who alters any item so that it becomes a fastener; 
(11) "original equipment manufacturer" means a person who 
uses fasteners in the manufacture or assembly of its products 
and sells fasteners to authorized dealers as replacement or 
service parts for its products; 
(12) "private label distributor" means a person who contracts 
with a manufacturer for the fabrication of fasteners bearing the 
distributor's distinguishing insignia; 
(13) "Secretary" means the Secretary of Commerce; 
(14) "standards and specifications" means the provisions of a 
document published by a consensus standards organization, a 
government agency, or a major end-user of fasteners which 
defines or describes dimensional characteristics, limits of size, 
acceptable materials, processing, functional behavior, plating, 
baking, inspecting, testing, packaging, and required markings of 
any fastener; and 
(15) "through-harden" means heating above the trans-
formation temperature followed by quenching and tempering. 
SEC. 4. SPECIAL RULES FOR FASTENERS. 
15 USC 5403. 
(a) WAIVER REQUIREMENT.—If the Secretary determines that any 
cat^ory of fastener is not used in critical applications, the Sec-
retary shall waive the requirements of this Act with respect to such 
cat^ory. 
(b) ADDITIONAL ITEMS.—If the Secretary determines that— 
^ 
(1) a cat^ory of screw, nut, bolt, or stud which is not de-
scribed in section 3(5XAXi) or (B), 
(2) a cat^ory of item which is associated with a fastener 
described in section 3(5XA), (B), or (C), or 
(3) a cat^ory of item which serves a function comparable to 
that served by a fastener so described 
is used in critical applications, the Secretary may include such 
cat^ory under section 3(5)(D) and therefore within the definition of 
fasteners under this Act. 
(c) NOTICE AND OPPORTUNITY FOR COMMENTS.—The Secretary shall 
provide adv£uice notice and the opportunity for public comments 
prior to making any determination under subsections (a) and (b) and 
shall act through the Director in making any such determination. 
SEC. 5. TESTING AND CERTIFICATION OF FASTENERS. 
15 USC 5404. 
(a) REQUIREMENT.—(1) No fastener shall be offered for sale or sold 
in commerce unless it is part of a lot which— 
(A) conforms to the standards and specifications to which the 
manufacturer represents it has been manufactured; and 
(B) has been inspected, tested, and certified as provided in 
subsections (b) and (c) of this section. 
104 STAT. 2946 
PUBLIC LAW 101-592—NOV. 16, 1990 
(2)(A) Paragraph (IXB) of this subsection shall not apply to fasten-
ers which are part of a lot of 50 fasteners or less if, within 10 
working days srfter the delivery of such fasteners, or as soon as 
practicable thereafter— 
(i) inspection, testing, and certification as provided in subsec-
tions 0)) and (c) is carried out; and 
(ii) written notice detailing the results of such inspection, 
testing, and certification is sent (I) to all purchasers of such 
fasteners, except retail sellers and retail consumers, and (II) to 
any retail seller or retail consumer who, prior to delivery, 
requests such written notice. 
(B) If a fastener is sold under this paragraph, each purchaser of 
such fastener, except for retail sellers and retail consumers unless 
such retail sellers and retail consumers request such notice in 
advance, shall be provided, contemporaneously with each sale and 
delivery, written notice stating that such fastener has not yet been 
inspected, tested, and certified as required by this Act. 
(b) INSPECTION AND TESTING.—(1) The manufacturer of a lot of 
fasteners shall cause to be inspected and tested a representative 
sample, as provided in paragraph (2) of this subsection, of the 
fasteners in such lot to determine whether the lot conforms to the 
standards and specifications to which the manufacturer represents 
it has been manufactured. Such inspection and testing shall be 
performed by a laboratory accredited in accordance with the proce-
dures and conditions specified by the Secretary under section 6. The 
standards and specifications to which the manufacturer represents 
such lot has been manufactured shall be disclosed by the manufac-
turer to the laboratory at the time the lot is submitted for inspection 
and testing under this paragraph. The manufacturer of a lot may 
perform the inspection and testing required by this paragraph in a 
laboratory which it owns or with which it is otherwise affiliated, if 
such laboratory is accredited in accordance with the procedures and 
conditions specified by the Secretary under section 6; unless the 
Secretary finds that, as to a specific type of fastener and as to a 
specific type of inspection or testing, a ban on manufacturer owner-
ship or EdTfiliation with the accredited laboratory would increase the 
protection of health and safety of the public or industrial workers. 
(2) The size, selection, and integrity of the sample to be inspected 
and tested under paragraph (1) shall be governed— 
(A) by the standards and specifications to which the manufac-
turer represents the fasteners in the sample have been manu-
factured; or 
(B) if such standards and specifications do not provide for the 
size, selection, or integrity of the sample, by sampling 
procedures prescribed by the Secretary, who shall to the extent 
practicable use consensus testing standards and related 
materials. 
Nothing in this paragraph shall prohibit a purchaser from requiring 
the inspection and testing of a greater number of fasteners from a 
lot than is specified in the applicable standards and specifications or 
in the applicable sampling procedures prescribed by the Secretary. 
(c) LABORATORY REPORT OF TESTING.—If a laboratory performing 
the inspection and testing under subsection 0>X1) determines, as to 
the characteristics selected under the sampling procedures pre-
scribed by the Secretary and based on the sample examined, that a 
lot conforms to the standards and specifications to which the manu-
facturer represents it has been manufactured, the laboratory shall 
PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2947 
provide to the manufacturer a written inspection and testing report 
with respect to such lot. The report, which shall be in a form 
prescribed by the Secretary by regulation, shall— 
(1) state the manufacturer's name, the part description, and 
the lot number and note the grade identification mark and 
insignia found on the fastener; 
(2) reference the standards and specifications disclosed by the 
manufacturer with respect to such lot under subsection (bXD or, 
where applicable, certified by the manufacturer under section 
7(cXl); 
(3) list the markings and characteristics selected under the 
Secretary's procedures for testing, such as the chemical, dimen-
sional, physical, mechanical, and any other 
significant 
characteristics required by the standards and specifications 
described in paragraph (2) and specify the results of the inspec-
tion and testing under subsection (bXD; 
(4) state whether, based on the samples provided as represent-
ative of the lot, such lot has been found after such inspection 
and testing to conform to such standards and specifications; and 
(5) bear the original signature of a laboratory employee or 
officer determined by the Secretary to be responsible for the 
accuracy of the report and of the inspection and testing to 
which it relates. 
SEC. 6. LABORATORY ACCREDITATION. 
15 USC 5405. 
(a) ESTABUSHMENT OF ACCREDITATION PROGRAM.—(1) W i t h i n l 8 0 Regulations. 
days after the date of enactment of this Act, the Secretary, acting 
through the Director, shall issue regulations which shall include— 
(A) procedures and conditions, including sampling procedures 
referred to in section 5, for the accreditation by the Institute of 
laboratories engaged in the inspection and testing of fasteners 
under section 5; 
(B) procedures and conditions (which shall be consistent with 
the procedures and conditions established under subparagraph 
(A)), using to the extent practicable the requirements of na-
tional or international consensus documents intended to govern 
the operation of accreditation bodies, under which private enti-
ties may apply for approval by the Secretary to engage directly 
in the accreditation of laboratories in accordance with the 
requirements of this Act; and 
(C) conditions (which shall be consistent with the procedures 
and conditions established under subparagraph (A)), under 
which the accreditation of foreign laboratories by their govern-
ments or organizations recognized by the Director shsdl be 
deemed to satisfy the laboratory accreditation requirements of 
this section. 
(2) Upon establishing a laboratory accreditation program under 
paragraph (1), the Secretary shall publish a notice in the Federal 
Register stating that the Secretary is prepared to accept applica-
tions for accreditation of such laboratories. 
(3) No accreditation provided under the terms of this subsection 
shall be effective for a period of greater than 3 years. 
(b) LABORATORY ACCREDITATION PROCEDURES.—Existing Institute 
accreditation procedures stated in part 7 of title 15, Code of Federal 
Regulations, as in effect on the date of enactment of this Act, 
supplemented as the Secretary considers necessary, shall be used to 
Federal 
Register, 
publication. 
104 STAT. 2948 
PUBLIC LAW 101-592—NOV. 16, 1990 
Records. 
15 use 5406. 
Records. 
accredit laboratories under the accreditation program established 
under subsection (a). 
(c) ENSURING COMPUANCE.—(1) The Secretary shall ensure that— 
(A) private entities accrediting laboratories under procedures 
and conditions established under subsection (aXlXB) comply 
with such procedures and conditions, and 
(B) laboratories accredited by such private entities, or by 
foreign governments pursuant to subsection (aXlXC), comply 
with the requirements for such accreditation. 
(2) The Secretary may require any such private entity or labora-
tory to provide all records and materials that may be necessary to 
allow the Secretary to carry out this subsection. 
(d) OPERATION OF LABORATORY ACCREDITATION PROGRAM.—(1) 
The 
Director may hire such contractors as are necessary to carry out the 
accreditation program established under subsection (a). 
(2) Costs to the Institute and to the Secretary for the establish-
ment and operation of the accreditation program under this section 
shall be fully reimbursable to the Institute or to the Secretary, as 
appropriate, through fees or other charges for accreditation services 
under such program. 
(e) 
RECOMMENDATIONS TO CONSENSUS STANDARDS ORGANIZA-
TIONS.—The Director shall periodically transmit to appropriate 
consensus standards organizations any information or recommenda-
tions that may be useful in the establishment or application by such 
organizations of standards and specifications for fasteners. 
SEC. 7. SALE OF FASTENERS SUBSEQUENT TO MANUFACTURE. 
(a) DOMESTICALLY PRODUCED FASTENERS.—It shall be unlawful for 
a manufacturer to sell any shipment of fasteners (except fasteners 
for which the Secretary has waived the requirements of this Act 
pursuant to section 4) which are manufactured in the United States 
unless the fasteners are accompanied, at the time of delivery, by a 
written certificate by the manufacturer certifying that— 
(1) the fasteners have been manufactured according to the 
requirements of the applicable standards and specifications and 
have been inspected and tested by a laboratory accredited in 
accordance with the procedures and conditions specified by the 
Secretary under section 6; and 
(2) an original laboratory testing report described in section 
5(c) is on file with the manufacturer, or under such custody as 
may be prescribed by the Secretary, and available for 
inspection. 
(b) FASTENERS OF FOREIGN ORIGIN.—(1) Except as provided in 
paragraph (2) of this subsection, it shall be unlawful— 
(A) for any person to sell to any importer, and 
(B) for any importer to purchase, 
any shipment of fasteners which are manufactured outside the 
United States unless delivery of such shipment to such importer is 
accompanied by a manufacturer's certificate as described in subsec-
tion (a), an original laboratory testing report described in section 
5(c), with respect to each lot from which such fasteners were taken, 
and any other relevant lot identification information. 
(2) The requirement under paragraph (1) of this subsection that 
the delivery of such a shipment to such importer be accompanied by 
an original laboratory testing report shall not apply in the case of 
fasteners imported into the United States— 
PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2949 
(A) as products manufactured within a nation which is party 
to a congressionally-approved free trade agreement with the 
United States that is in effect, so long as the Secretary certifies 
that satisfactory arrangements have been reached by which 
purchEisers within the United States can readily gain access to 
an original laboratory testing report for such fasteners; or 
(B) as Canadian-origin products under the United States- Canada. 
Canada Automobile Pact for use as original equipment in the Motor vehicles, 
manufacture of motor vehicles. 
(c) OPTION FOR IMPORTERS AND PRIVATE LABEL DISTRIBUTORS.—(1) 
Notwithstanding section 5(a) and subsections (a) and (b) of this 
section, delivery of a lot, or portion of a lot, of fasteners may be 
made to an importer or private label distributor without the re-
quired original copy of the laboratory testing report i
f
— 
(A) the manufacturer provides to the importer or private label 
distributor a manufacturer's certificate certifying that the fas-
teners have been manufactured according to the requirements 
of the applicable standards and specifications; and 
(B) the importer or private label distributor assumes respon-
sibility in writing for the inspection and testing of such lot or 
portion by a laboratory accredited in accordance with the proce-
dures and conditions specified by the Secretary under section 6. 
(2) If the importer or private distributor assumes the responsibil-
ity in writing for the inspection and testing of such lot or portion, 
the provisions of section 5(a) and subsections (a) and (b) of this 
section shall apply to the importer or private label distributor in the 
same manner and extent as to a manufacturer; except that the 
importer or private label distributor shall provide to the testing 
laboratory the manufacturer's certificate described under para-
graph (1) of this subsection. 
(d) ALTERATIONS SUBSEQUENT TO MANUFACTURE.—(1) Any person 
who significantly alters a fastener so that such fastener no longer 
conforms to the description in the relevant certificate issued under 
section 5(c), and who thereafter offers for sale or sells such altered 
fastener, shall be treated as a manufacturer for purposes of this Act 
and shall cause such altered fastener to be inspected and tested 
under section 5 or this section as though it were newly manufac-
tured, unless delivery of such fastener to the purchaser is accom-
panied by a written statement noting the original lot number, 
disclosing the subsequent alteration, and warning that such alter-
ation may affect the dimensional or physical characteristics of the 
fastener. 
(2) Any person who knowingly sells an altered fastener and who 
did not alter such fastener shall provide to the purchaser a copy of 
the statement required by paragraph (1). 
(e) COMMINGLING.—(1) Subject to paragraph (2), it shall be unlaw-
ful for any manufacturer or any person who purchases any quantity 
of fasteners for resale at wholesale to commingle like fasteners from 
different lots in the same container; except that such manufacturer 
or such person may commingle like fasteners of the same type, 
grade, and dimension from not more than two tested and certified 
lots in the same container during repackaging and plating oper-
ations: Provided, That any container which contains like fasteners 
from two lots sheill be conspicuously marked with the lot identifica-
tion numbers of both lots. 
(2) Paragraph (1) does not apply to sales by original equipment 
manufacturers to their authorized dealers for use in assembling or 
104 STAT. 2950 
PUBLIC LAW 101-592—NOV. 16, 1990 
servicing products produced by the original equipment manu-
facturers. 
(f) SUBSEQUENT PURCHASER.—(1) It shall be unlawful for any 
person to sell fasteners, of any quantity, to any person who pur-
chases such fasteners— 
(A) for sale at wholesale, or 
(B) for assembling components of a product or structure for 
sale, 
unless the container of fasteners sold is conspicously marked with 
the number of the lot from which such fasteners were taken, except 
that this requirement shall not apply to sales by original equipment 
manufacturers to their authorized dealers for use in assembling or 
servicing products produced by the original equipment manu-
facturer. 
(2) If a person who purchases fasteners for purposes other than 
those described in paragraph (1) (A) and (B) so requests either prior 
to the sale or at the time of sale, the seller shall conspicuously mark 
the container of fasteners with the lot number from which such 
fasteners were taken. 
(g) REGULATIONS.—The Secretary may issue such regulations as 
may be necessary to ensure compliance with the provisions of this 
section. 
15 use 5407. 
SEC. 8. MANUFACTURERS' INSIGNIAS. 
(a) GENERAL RULE.—No fastener which is required by the stand-
ards and specifications to which it was manufactured to bear a 
raised or depressed insignia identif3dng its manufacturer or private 
label distributor shall be offered for sale or sold in commerce unless 
the manufacturer or private label distributor of such fastener has 
complied with the requirements prescribed by the Secretary in 
connection with the program established under subsection (b) of this 
section. 
Emulations. 
(b) RECORDATION.—The Secretary shall establish, by regulation, a 
program to provide for the recordation of the insignias of manufac-
turers and private label distributors described in subsection (a), to 
ensure the traceability of a fastener to its manufacturer or private 
label distributor. 
15 use 5408. 
SEC. 9. REMEDIES AND PENALTIES. 
(a) CIVIL REMEDIES.—(1) The Attorney General may bring an 
action in an appropriate United States district court for appropriate 
declaratory and injunctive relief against any person who violates 
this Act or any regulation under this Act. 
(2) An action under paragraph (1) may not be brought more than 
10 years after the date on which the cause of action accrues. 
OJ) CIVIL PENALTIES.—(1) Any person who is determined by the 
Secretary, after notice and an opportunity for a hearing, to have 
violated this Act or any regulation under this Act shall be liable to 
the United States for a civil penalty of not more than $25,000 for 
each violation. 
(2) The amount of the penalty shall be assessed by the Secretary 
by written notice. In determining the amount of the penalty, the 
Secretary shall consider the nature, circumstances, and gravity of 
the violation and, with respect to the person found to have commit-
ted the violation, the degree of culpability, any history of prior 
violations, the effect on ability to continue to do business, any good 
PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2951 
faith attempt to achieve compliance, ability to pay the penalty, and 
such other matters as justice may require. 
(3) Any person against whom a civil penalty is assessed under 
paragraph (2) of this section may obtain review thereof in the 
appropriate court of the United States by filing a notice of appeal in 
such court within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail to the 
Secretary. The findings and order of the Secretary shall be set aside 
by such court if they are found to be unsupported by substantial 
evidence, as provided in section 706(2) of title 5, United States Code. 
(4) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to imposition 
or which has been imposed under this section prior to referral to the 
Attorney General under paragraph (5). 
(5) A civil penalty assessed under this subsection may be recovered 
in an action brought by the Attorney General on behalf of the 
United States in the appropriate district court of the United States. 
In such action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review. 
(6) For the purpose of conducting any hearing under this section, 
the Secretary may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers, books, and 
documents, and may administer oaths. Witnesses summoned shall 
be paid the same fees and mileage that are paid to witnesses in the 
courts of the United States. In case of contempt or refusal to obey a 
subpoena served upon any person pursuant to this paragraph, the 
district court of the United States for any district in which such 
person is found, resides, or transacts business, upon application by 
the United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear and 
give testimony before the Secretary or to appear and produce docu-
ments before the Secretary, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof. 
(c) CRIMINAL PENALTIES.—(1) Whoever knowingly certifies, marks, 
offers for sale, or sells a fastener in violation of this Act or a 
regulation under this Act shall be fined under title 18, United States 
Code, or imprisoned not more than 5 years, or both. 
(2) Whoever intentionally fails to maintain records relating to a 
fastener in violation of this Act or a regulation under this Act shall 
be fined under title 18, United States Code, or imprisoned not more 
than 5 years, or both. 
(3) Whoever negligently fails to maintain records relating to a 
fastener in violation of this Act or a regulation under this Act shall 
be fined under title 18, United States Code, or imprisoned not more 
than 2 years, or both. 
SEC. 10. RECORDKEEPING REQUIREMENTS. 
15 USC 5409. 
(a) LABORATORIES.—Laboratories which perform inspections and 
testing under section 5(b) shall retain for 10 years all records 
concerning the inspection and testing, and certification, of fasteners 
under section 5. 
(b) MANUFACTURERS, IMPORTERS, PRIVATE LABEL DISTRIBUTORS, 
AND PERSONS WHO MAKE SIGNIFICANT ALTERATIONS.—Manufactur-
ers, importers, private label distributors, and persons who make 
significant alterations shall retain for 10 years all records concern-
ing the inspection and testing, and certification, of fasteners under 
104 STAT. 2952 
PUBLIC LAW 101-592—NOV. 16, 1990 
section 5, and shall provide copies of any applicable laboratory 
testing report or manufacturer's certificate upon request to any 
subsequent purchaser of fasteners taken from the lot to which such 
testing report or manufacturer's certificate relates. 
15 use 5410. 
SEC. 11. RELATIONSHIP TO STATE LAWS. 
Nothing in this Act shall be construed to preempt any rights or 
causes of action that any buyer may have with respect to any seller 
of fasteners under the law of any State, except to the extent that the 
provisions of this Act are in conflict with such State law. 
15 use 5411. 
SEC. 12. CONSTRUCTION. 
Nothing in this Act shall be construed to limit or otherwise affect 
the authority of any consensus standards organization to establish, 
modify, or withdraw any standards and specifications under any 
other law or authority in effect on the date of enactment of this Act. 
15 use 5412. 
SEC. 13. REGULATIONS. 
The Secretary shall within 180 days after the date of enactment of 
this Act issue such regulations as may be necessary to implement 
this Act. 
15 use 5413. 
SEC. 14. ADVISORY COMMITTEE. 
Within 90 days after the date of enactment of this Act, the 
Secretary shall appoint an advisory committee consisting of rep-
resentatives of fastener manufacturers, importers, distributors, end-
users, independent laboratories, and standards organizations. The 
Secretary and Director shall consult with the advisory committee— 
(1) prior to promulgating any regulations under this Act; and 
(2) in such other matters related to fasteners as the Secretary 
may determine. 
15 use 5414. 
SEC. 15. APPLICABILITY. 
The requirements of this Act shall be applicable only to fasteners 
fabricated 180 days or more sifter the Secretary issues final regula-
tions required under sections 5, 6, and 8, except that the Secretary 
PUBLIC LAW 101-592—NOV. 16, 1990 
104 STAT. 2953 
may extend such time period if the Secretary determines that an 
insufficient number of laboratories have been accredited to perform 
the volume of inspection and testing required. Upon any such Reports, 
extension, and every 6 months thereafter during such extension, the 
Secretary shall submit a report to the Congress explaining the 
re£isons for such extension and the steps being taken to ensure the 
accreditation of a sufficient number of laboratories. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 3000: 
HOUSE REPORTS: No. 101-211, Pt. 1 (Comm. on Science, Space, and Technology) 
and Pt. 2 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 101-388 (Comm. on Commerce, Science, and 
Trsuisportation). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Sept. 19, considered and passed House. 
Vol. 136 (1990): Oct. 26, considered and passed Senate, amended. House 
concurred in Senate amendment.