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PUBLIC LAW 101-592-NOV. 16, 1990 104 STAT. 2943
Public Law 101-592
101st Congress
(As amended by P.L.104-113 and P.L. 105-234 and P.L. 106-34)
An Act
To require that certain fasteners sold in commerce conform to the specificationsto which they are represented to be manufactured, to provide for accreditationof laboratories engaged in fastener testing, to require inspection, testing,and certification, in accordance with standardized methods, of fasteners usedin critical applications to increase fastener quality and reduce the dangerof fastener failure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United Statesof America in
Congress assembled.
SECTION 1. SHORT TITLE.
This Act may be cited as the "Fastener Quality Act."
SECTION 2. FINDINGS.
The Congress finds that-
(1) the United States fastener industry is a significant contributor to theglobal 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 havedramatically improved fastener quality, so virtually all fasteners sold in commercemeet or exceed the consensus standards for the uses to which they are applied;
(4) a small number of mismarked, misrepresented, and counterfeit fastenersdo enter commerce in the United States; and
(5) multiple criteria for the identification of fasteners exist, includinggrade identification markings and manufacturer's insignia, to enable purchasersand users of fasteners to accurately evaluate the characteristics of individualfasteners.
SECTION 3. DEFINITIONS.
As used in this Act, the term-
(1) "accredited laboratory" means a fastener testing facility used to performend-of-line testing required by a consensus standard or standards to verifythat a lot of fasteners conforms to the grade identification marking calledfor in the consensus standard or standards to which the lot of fasteners hasbeen manufactured, and which--
(A) meets the requirements of ISO/IEC Guide 25 (or another document approvedby the Director under section 10(c)), including revisions from time to time;and
(B) has been accredited by a laboratory accreditation body that meets therequirements of ISO/IEC Guide 58 (or another document approved by the Directorunder section 10(d)), including revisions from time to time;
(2) "consensus standard" means the provisions of a document that describesfastener characteristics published by a consensus standards organization ora Federal agency, and does not include a proprietary standard;
(3) "consensus standards organization" means the American Society for Testingand Materials, the American National Standards Institute, the American Societyof Mechanical Engineers, the Society of Automotive Engineers, the InternationalOrganization for Standardization, any other organization identified as a UnitedStates consensus standards organization or a foreign and international consensusstandards organization in the Federal Register at 61 Fed. Reg. 50582-83 (September26, 1996), and any successor organizations thereto;
(4) "Director" means the Director of the National Institute of Standards andTechnology;
(5) "distributor" means a person who purchases fasteners for the purpose ofreselling them at wholesale to unaffiliated persons within the United States(an original equipment manufacturer and its dealers shall be considered affiliatedentities for purposes of this Act);
(6) "fastener" means a metallic screw, nut, bolt, or stud having internal orexternal threads, with a nominal diameter of 6 millimeters or greater, in thecase of such items described in metric terms, or 1/4 inch or greater, in thecase of such items described in terms of the English system of measurement,or a load-indicating washer, that is through-hardened or represented as meetinga consensus standard that calls for through-hardening, and that is grade identificationmarked or represented as meeting a consensus standard that requires grade identificationmarking, 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 replacementpart, unless that part is in a package containing more than 75 of any such partat the time of sale, or that is a part 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 suitabilityof 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
(G) manufactured to a proprietary standard, whether or not such proprietarystandard directly or indirectly references a consensus standard or any portionthereof;
(7) "fastener quality assurance system" means--
(A) a system that meets the requirements, including revisions from time totime 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 AS9000; or
(B) any fastener manufacturing system -
(i) that has as a stated goal the prevention of defects through continuousimprovement;
(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 embodied in a comprehensive written control planfor product and process characteristics, and process controls (including processinfluence factors and statistical process control), tests, and measurement systemsto be used in production; and
(IV) the creation, maintenance, and retention of electronic, photographic,or paper records required by the control plan regarding the inspections, tests,and measurements performed pursuant to the control plan; and
(iii) that--
(I) is subject to certification in accordance with the requirements of ISO/IECGuide 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 byan accreditation body in accordance with the requirements of ISO/IEC Guide 61(or another document approved by the Director under section 10(b)), includingrevisions from time-to-time; or
(II) undergoes regular or random evaluation and assessment by the end useror end users of the screws, nuts, bolts, studs, or load-indicating washers producedunder such fastener manufacturing system to ensure that such system meets therequirements of clauses (i) and (ii);
(8) "grade identification marking" means any grade-mark or property class symbolappearing on a fastener purporting to indicate that the lot of fasteners conformsto a specific consensus standard, but such term does not include a manufacturer'sinsignia or part number;
(9) "importer" means a distributor located within the United States who contractsfor the initial purchase of fasteners manufactured outside the United States;
(10) "lot" means a quantity of fasteners of one part number fabricated by thesame production process from the same coil or heat number of metal as providedby the metal manufacturer;
(11) "manufacturer" means a person who fabricates fasteners for sale in commerce;
(12) "proprietary standard" means the provisions of a document that describescharacteristics of a screw, nut, bolt, stud, or load-indicating washer and isissued 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 developerand issuer of descriptions that have characteristics similar to consensus standardsand that bear such user's identification;
(13) "record of conformance" means a record or records designated for eachlot 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 ofbolts or screws), thread form, and class of fit;
(E) the consensus standard or specifications to which the lot of fastenershas been manufactured, including the date, number, revision, and other informationsufficient to identify the particular consensus standard or specifications beingreferenced;
(F) the chemistry and grade of material;
(G) the coating material and characteristics and the applicable consensus standardor specifications for such coating; and
(H) the results or a summary of results of any tests performed for the purposeof verifying that a lot of fasteners conforms to its grade identification markingor to the grade identification marking the lot of fasteners is represented tomeet;
(14) "represent" means to describe one or more of a fastener's purported characteristicsin 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 thecontractual agreement with the manufacturer or to which a fastener is otherwiseproduced, except that the term does not include proprietary standards; and
(17) "through-harden" means heating above the transformation temperature followedby quenching and tempering for the purpose of achieving a uniform hardness.
SECTION 4. SALE OF FASTENERS
(a) GENERAL RULE- It shall be unlawful for a manufacturer or distributor, inconjunction 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, properties, mechanical or performancemarks, chemistry, or strength of the lot of fasteners; or
(3) the manufacturer's insignia.
(b) REPRESENTATIONS- A direct or indirect reference to a consensus standardto represent that a fastener conforms to particular requirements of the consensusstandard shall not be construed as a representation that the fastener meetsall the requirements of the consensus standard.
(c) SPECIFICATIONS- A direct or indirect contractual reference to a consensusstandard for the purpose of identifying particular requirements of the consensusstandard that serve as specifications shall not be construed to require thatthe fastener meet all the requirements of the consensus standard.
(d) USE OF ACCREDITED LABORATORIES- In the case of fasteners manufactured solelyto a consensus standard or standards, end-of-line testing required by the consensusstandard or standards, if any, for the purpose of verifying that a lot of fastenersconforms with the grade identification marking called for in the consensus standardor standards to which the lot of fasteners has been manufactured shall be conductedby 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 afterthe date of enactment of this Act.
SECTION 5. MANUFACTURERS' INSIGNIAS.
(a) GENERAL RULE- Unless the specifications provide otherwise, fasteners thatare required by the applicable consensus standard or standards to bear an insigniaidentifying their manufacturer shall not be offered for sale or sold in commerceunless--
(1) the fasteners bear such insignia; and
(2) the manufacturer has complied with the insignia recordation requirementsestablished under subsection (b);
(b) RECORDATION. - The Secretary shall establish, by regulation, a programto provide for the
recordation of the insignias of manufacturers described in subsection (a).
SECTION 6. REMEDIES AND PENALTIES.
(a) CIVIL REMEDIES. - (1) The Attorney General may bring an action in an appropriateUnited
States district court for appropriate declaratory and injunctive relief againstany 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 afterthe date on which the cause of action accrues.
(b) CIVIL PENALTIES.- (1) Any person who is determined by the Secretary, afternotice and an
opportunity for a hearing, to have violated this Act or any regulation underthis Act shall be liable to the United States for a civil penalty of not morethan $25,000 for each violation.
(2) The amount of the penalty shall be assessed by the Secretary by writtennotice. In determining the amount of the penalty, the Secretary shall considerthe nature, circumstances, and gravity of the violation and, with respect tothe person found to have committed the violation, the degree of culpability,any history of prior violations, the effect on ability to continue to do business,any good faith attempt to achieve compliance, ability to pay the penalty, andsuch other matters as justice may require.
(3) Any person against whom a civil penalty is assessed under paragraph (2)of this subsection may obtain review thereof in the appropriate court of theUnited States by filing a notice of appeal in such court within 30 days fromthe date of such order and by simultaneously sending a copy of such notice bycertified mail to the Secretary. The findings and order of the Secretary shallbe set aside by such court if they are found to be unsupported by substantialevidence, as provided in section 706(2) of title 5, United States Code.
(4) The Secretary may arbitrate, compromise, modify, or remit, with or withoutconditions, any civil penalty which is subject to imposition or which has beenimposed 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 actionbrought by the Attorney General on behalf of the United States in the appropriatedistrict court of the United States. In such action, the validity and appropriatenessof 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 Secretarymay issue subpoenas for the attendance and testimony of witnesses and the productionof relevant papers, books, and documents, and may administer oaths. Witnessessummoned shall be paid the same fees and mileage that are paid to witnessesin the courts of the United States. In case of contempt or refusal to obey asubpoena served upon any person pursuant to this paragraph, the district courtof the United States for any district in which such person is found, resides,or transacts business, upon application by the United States and after noticeto such person, shall have jurisdiction to issue an order requiring such personto appear and give testimony before the Secretary or to appear and produce documentsbefore the Secretary, or both, and any failure to obey such order of the courtmay be punished by such court as a contempt thereof.
(c) CRIMINAL PENALTIES. - (1) Whoever knowingly certifies, marks, offers forsale, or sells a fastener in violation of this Act or a regulation under thisAct shall be fined under title 18, United States Code, or imprisoned not morethan 5 years, or both.
(2) Whoever intentionally fails to maintain records relating to a fastenerin violation of this Act or a regulation under this Act shall be fined undertitle 18, United States Code, or imprisoned not more than 5 years, or both.
(3) Whoever negligently fails to maintain records relating to a fastener inviolation of this Act or a regulation under this Act shall be fined under title18, United States Code, or imprisoned not more than 2 years, or both.
(d) ENFORCEMENT.- (1) The Secretary may designate officers or employees ofthe Department
of Commerce to conduct investigations pursuant to this Act. In conducting such
investigations, those officers or employees may, to the extent necessary orappropriate to the
enforcement of this Act, exercise such authorities as are conferred upon themby other laws
of the United States, subject to policies and procedures approved by the AttorneyGeneral.
(2) The Secretary shall establish and maintain a hotline system to facilitatethe reporting of alleged violations of this Act, and the Secretary shall evaluateallegations reported through that system and report any credible allegationsto the Attorney General.
SECTION 7. RECORDKEEPING REQUIREMENTS.
Manufacturers and importers shall retain the record of conformance for fastenersfor 5 years, on paper or in photographic or electronic format in a manner thatallows for verification of authenticity. Upon request of a distributor who haspurchased a fastener, or a person who has purchased a fastener for use in theproduction of a commercial product, the manufacturer or importer of the fastenershall make available information in the record of conformance to the requester.
SECTION 8. RELATIONSHIP TO STATE LAWS.
Nothing in this Act shall be construed to preempt any rights or causes of actionthat any buyer may have with respect to any seller of fasteners under the lawof any State, except to the extent that the provisions of this Act are in conflictwith such State law.
SECTION 9. CONSTRUCTION.
Nothing in this Act shall be construed to limit or otherwise affect the authorityof any consensus
standards organization to establish, modify, or withdraw any standards andspecifications under any other law or authority.
SECTION 10. CERTIFICATION AND ACCREDITATION.
(a) CERTIFICATION- A person publishing a document setting forth guidance orrequirements for the certification of manufacturing systems as fastener qualityassurance systems by an accredited third party may petition the Director toapprove such document for use as described in section 3(7)(B)(iii)(I). The Directorshall act upon a petition within 180 days after its filing, and shall approvesuch petition if this document provides equal or greater rigor and reliabilityas compared to ISO/IEC Guide 62.
(b) ACCREDITATION- A person publishing a document setting forth guidance orrequirements for the approval of accreditation bodies to accredit third partiesdescribed in subsection (a) may petition the Director to approve such documentfor use as described in section 3(7)(B)(iii)(I). The Director shall act upona petition within 180 days after its filing, and shall approve such petitionif the document provides equal or greater rigor and reliability as comparedto ISO/IEC Guide 61.
(c) LABORATORY ACCREDITATION- A person publishing a document setting forthguidance or requirements for the accreditation of laboratories may petitionthe Director to approve such document for use a described in section 3(1)(A).The Director shall act upon a petition within 180 days after its filing, andshall approve such petition if the document provides equal or greater rigorand reliability as compared to ISO/IEC Guide 25.
(d) APPROVAL OF ACCREDITATION BODIES- A person publishing a document settingforth guidance or requirements for the approval of accreditation bodies to accreditlaboratories may petition the Director to approve such document for use a describedin section 3(1)(B). The Director shall act upon a petition within 180 days afterits filing, and shall approve such petition if the document provides equal orgreater rigor and reliability as compared to ISO/IEC Guide 58. In addition toany other voluntary laboratory accreditation programs that may be establishedby private sector persons, the Director shall establish a National VoluntaryLaboratory Accreditation Program, for the accreditation of laboratories as describedin section 3(1)(B), that meets the requirements of ISO/IEC Guide 58 (or anotherdocument approved by the Director under this subsection), including revisionsfrom time-to-time.
(e) AFFIRMATION- (1) An accreditation body accrediting third parties who certifymanufacturing systems as fastener quality assurance systems as described insection 3(7)(B)(iii)(I) shall affirm to the Director that it meets the requirementsof 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 section3(1)(B) shall affirm to the Director that it meets the requirements of ISO/IECGuide 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 formof a self-declaration that the accreditation body meets the requirements ofthe applicable Guide, signed by an authorized representative of the accreditationbody, without requirement for accompanying documentation. Any such affirmationshall be considered to be a continuous affirmation that the accreditation bodymeets the requirements of the applicable Guide, unless and until the affirmationis withdrawn by the accreditation body.
SECTION 11. APPLICABILITY.
The requirements of this Act shall be applicable only to fasteners fabricated180 days or more after the date of the enactment of the Fastener Quality ActAmendments Act of 1999, except that if a manufacturer or distributor of fastenersfabricated before that date prepares a record of conformance for such fasteners,representations about such fasteners shall be subject to the requirements ofthis Act.
SECTION 12. COMPTROLLER GENERAL REPORT.
Not later than 2 years after the date of the enactment of this Act, the ComptrollerGeneral shall transmit to the Congress a report describing any changes in industrypractice resulting from or apparently resulting from the enactment of section3(6)(B) of the Fastener Quality Act, as added by section 3 of this Act. |
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