Fastener Quality Act of 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 certification, 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
the United States of America in Congress assembled,

Nov. 16, 1990
[H.R. 3000]

of

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 endusers 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 equipment and construction failures, as well as extraordinary expenses, 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 applications have reduced the combat readiness of the Nation's military 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 identification 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 highstrength 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

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 conforming 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 generally 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 u s e 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 Standards Institute, American Society of Mechanical Engineers, Society 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 external 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 quantity 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 required 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 appearing on a fastener purporting to indicate that the fastener's base
material, strength properties, or performance capabilities conform to a specific standard of a consensus standards organization 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 manufactured 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 transformation temperature followed by quenching and tempering.
SEC. 4. SPECIAL RULES FOR FASTENERS.

(a) WAIVER REQUIREMENT.—If the Secretary determines that any
c a t ^ o r y of fastener is not used in critical applications, the Secretary shall waive the requirements of this Act with respect to such
cat^ory.
(b) ADDITIONAL ITEMS.—If the Secretary determines that—
(1) a c a t ^ o r y of screw, nut, bolt, or stud which is not described in section 3(5XAXi) or (B),
(2) a c a t ^ o r y of item which is associated with a fastener
described in section 3(5XA), (B), or (C), or
(3) a c a t ^ o r y 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
c a t ^ o r y 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.

(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.

15 USC 5403.

^

15 USC 5404.

104 STAT. 2946

PUBLIC LAW 101-592—NOV. 16, 1990

(2)(A) Paragraph (IXB) of this subsection shall not apply to fasteners 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 subsections 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 procedures 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 manufacturer 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 ownership 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 manufacturer represents the fasteners in the sample have been manufactured; 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 prescribed by the Secretary and based on the sample examined, that a
lot conforms to the standards and specifications to which the manufacturer 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, dimensional, physical, mechanical, and any other significant
characteristics required by the standards and specifications
described in paragraph (2) and specify the results of the inspection and testing under subsection (bXD;
(4) state whether, based on the samples provided as representative 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 national or international consensus documents intended to govern
the operation of accreditation bodies, under which private entities 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 governments 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 Federal
paragraph (1), the Secretary shall publish a notice in the Federal Register,
Register stating that the Secretary is prepared to accept applica- publication.
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

104 STAT. 2948

Records.

PUBLIC LAW 101-592—NOV. 16, 1990

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 laboratory 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 establishment 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 recommendations that may be useful in the establishment or application by such
organizations of standards and specifications for fasteners.
15 u s e 5406.

Records.

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 subsection (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 required original copy of the laboratory testing report if—
(A) the manufacturer provides to the importer or private label
distributor a manufacturer's certificate certifying that the fasteners have been manufactured according to the requirements
of the applicable standards and specifications; and
(B) the importer or private label distributor assumes responsibility in writing for the inspection and testing of such lot or
portion by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6.
(2) If the importer or private distributor assumes the responsibility 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 paragraph (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 manufactured, unless delivery of such fastener to the purchaser is accompanied by a written statement noting the original lot number,
disclosing the subsequent alteration, and warning that such alteration 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 unlawful 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 operations: Provided, That any container which contains like fasteners
from two lots sheill be conspicuously marked with the lot identification 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

15 use 5407.

Emulations.

15 use 5408.

PUBLIC LAW 101-592—NOV. 16, 1990

servicing products produced by the original equipment manufacturers.
(f) SUBSEQUENT PURCHASER.—(1) It shall be unlawful for any
person to sell fasteners, of any quantity, to any person who purchases 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 manufacturer.
(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.
SEC. 8. MANUFACTURERS' INSIGNIAS.
(a) GENERAL RULE.—No fastener which is required by the standards 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.
(b) RECORDATION.—The Secretary shall establish, by regulation, a
program to provide for the recordation of the insignias of manufacturers and private label distributors described in subsection (a), to
ensure the traceability of a fastener to its manufacturer or private
label distributor.
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 committed 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 testimony 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 documents 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.

(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 concerning the inspection and testing, and certification, of fasteners under

15 USC 5409.

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 u s e 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 u s e 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 u s e 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 u s e 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 representatives of fastener manufacturers, importers, distributors, endusers, 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 u s e 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 regulations 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.