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.
(Sec. 3) Revises the definition of "fastener" to apply to fasteners only, not to components or products which can contain fasteners. Excludes from the definition (and coverage of the Act) any items: (1) sold in packages containing no more than 100 of any one screw, nut, bolt, stud, or washer; (2) produced to proprietary standards developed by private companies that use fasteners in the manufacture, assembly, or service of their products, and develop fastener standards under the company's name; (3) specifically manufactured for use on an aircraft if the quality and suitability of those fasteners for that use has been approved by the Federal Aviation Administration or by a foreign airworthiness authority; or (4) manufactured in accordance with a fastener quality assurance system meeting International Organization for Standardization (ISO) Standard 9000 and other specified criteria.. Defines "importer" to mean a distributor located in the United States who contracts for the initial purchase of fasteners manufactured outside the United States.
(Sec. 4) Makes it 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, properties, mechanical or performance marks, chemistry, or strength of the lot of such fasteners; or (3) the manufacturer's insignia.
Requires that mandatory end-of-line testing, in the case of fasteners manufactured solely to a consensus standard, be conducted by an accredited laboratory.
(Sec. 5) Revises requirements for manufacturers' insignia on certain fasteners to require manufacturers to comply with insignia recordation requirements, unless the specifications provide otherwise.
(Sec. 6) Subjects to certain civil penalties a person who negligently, with gross negligence, or recklessly or intentionally violates certain recordkeeping requirements or certain other provisions of the Act.
Authorizes the Secretary of Commerce to arbitrate civil penalties before a case is referred to the Attorney General. Directs the Secretary to establish a hotline system to facilitate the reporting of alleged violations of this Act and to investigate credible allegations reported through such system and report them to the Attorney General.
(Sec. 7) Requires fastener manufacturers and importers to: (1) retain the record of conformance for fasteners for five years, on paper or in photographic or electronic format; and (2) make available upon the 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) information in the record of conformance. Repeals the requirement that importers, private label distributors, and persons who make significant alterations to fasteners, as well as manufacturers, also retain all inspection, testing, and certification records for five years.
(Sec. 10) Authorizes any person publishing a document setting forth guidance or requirements for the certification of manufacturing systems (including fastener manufacturing systems) by an accredited third party (or for the approval of accreditation bodies to accredit such third parties), or for the accreditation of laboratories (or for the approval of accreditation bodies to accredit such laboratories), to petition the Director of the National Institute of Standards and Technology to approve the document, if it provides equal or greater rigor and reliability as compared to ISO-IEC Guide 62, 61, 25, or 58, as appropriate.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3701)
Read twice and referred to the Committee on Commerce.
Committee on Commerce, Science and Technology Subcommittee on Science, Technology and Space. Hearings held. With printed Hearing: S.Hrg. 106-619.
Committee on Commerce. Ordered to be reported with amendments favorably.
Committee on Commerce. Reported to Senate by Senator McCain with amendments. With written report No. 106-224.
Committee on Commerce. Reported to Senate by Senator McCain with amendments. With written report No. 106-224.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 417.
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