§ 5402. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Fastener Quality Act

   Pub. L. 101–592 § 3 · 104 Stat. 2943

   Enacted · 15 U.S.C. § 5402

   Pub. L. 101–592, § 3, Nov. 16, 1990, 104 Stat. 2944

   Source evidence

   Code source credit
   Pub. L. 101–592, § 3, Nov. 16, 1990, 104 Stat. 2944

   Enacted provision · exact public law section
   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 ¼ 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 identification 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 con-form to a specific standard of a consensus standards organization or other person; (7) “importer” means a person located within the United States who contracts for the initial purchase 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 trans-formation temperature followed by quenching and tempering.

2. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(1) · 110 Stat. 775

   Struck · 15 U.S.C. § 5402(1)(B)

   Pub. L. 104–113, § 11(b)(1), struck out “having a minimum tensile strength of 150,000 pounds per square inch” after “fasteners”

   Source evidence

   Code amendment note
   Par. (1)(B). Pub. L. 104–113, § 11(b)(1), struck out “having a minimum tensile strength of 150,000 pounds per square inch” after “fasteners”.

   Enacted provision · exact public law section
   (1) in paragraph (1)(B) by striking “having a minimum tensile strength of 150,000 pounds per square inch”;

3. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(2) · 110 Stat. 775

   Inserted · 15 U.S.C. § 5402(2)

   Pub. L. 104–113, § 11(b)(2), inserted “consensus” after “or any other”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 104–113, § 11(b)(2), inserted “consensus” after “or any other”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by inserting “consensus” after “or any other”;

4. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(3) · 110 Stat. 775

   1. Inserted · 15 U.S.C. § 5402(5)

      Pub. L. 104–113, § 11(b)(3), inserted “or produced in accordance with ASTM F 432” after “307 Grade A” in closing provisions

   2. Inserted · 15 U.S.C. § 5402(5)

      Pub. L. 104–113, § 11(b)(3), inserted “or” at end of subpar. (B)

   3. Struck · 15 U.S.C. § 5402(5)

      Pub. L. 104–113, § 11(b)(3), struck out “or” at end of subpar. (C)

   4. Struck · 15 U.S.C. § 5402(5)

      Pub. L. 104–113, § 11(b)(3), struck out subpar. (D) which read as follows: “any item within a category added by the Secretary in accordance with section 5403(b) of this title,”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 104–113, § 11(b)(3), inserted “or produced in accordance with ASTM F 432” after “307 Grade A” in closing provisions, inserted “or” at end of subpar. (B), struck out “or” at end of subpar. (C), and struck out subpar. (D) which read as follows: “any item within a category added by the Secretary in accordance with section 5403(b) of this title,”.

   Enacted provision · exact public law section
   (3) in paragraph (5)— (A) by inserting “or” after “standard or specification,” in subparagraph (B); (B) by striking “or” at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting “or produced in accordance with ASTM F 432” after “307 Grade A”;

5. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(4) · 110 Stat. 775

   Substituted · 15 U.S.C. § 5402(6)

   Pub. L. 104–113, § 11(b)(4), substituted “government agency” for “other person”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 104–113, § 11(b)(4), substituted “government agency” for “other person”.

   Enacted provision · exact public law section
   (4) in paragraph (6) by striking “other person” and inserting in lieu thereof “government agency”;

6. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(5) · 110 Stat. 775

   Substituted · 15 U.S.C. § 5402(8)

   Pub. L. 104–113, § 11(b)(5), substituted “Standards” for “Standard”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 104–113, § 11(b)(5), substituted “Standards” for “Standard”.

   Enacted provision · exact public law section
   (5) in paragraph (8) by striking “Standard” and inserting in lieu thereof “Standards”;

7. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(6) · 110 Stat. 775

   1. Redesignated · 15 U.S.C. § 5402(11); 15 U.S.C. § 5402(12)

      Pub. L. 104–113, § 11(b)(6), redesignated pars. (12) and (13) as (11) and (12), respectively

   2. Struck · 15 U.S.C. § 5402(11); 15 U.S.C. § 5402(12)

      Pub. L. 104–113, § 11(b)(6), struck out former par. (11) which read as follows: “ ‘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;”

   Source evidence

   Code amendment note
   Pars. (11), (12). Pub. L. 104–113, § 11(b)(6), redesignated pars. (12) and (13) as (11) and (12), respectively, and struck out former par. (11) which read as follows: “ ‘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;”.

   Enacted provision · exact public law section
   (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively;

8. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(7) · 110 Stat. 775

   Substituted · 15 U.S.C. § 5402(13)

   Pub. L. 104–113, § 11(b)(7), substituted “or a government agency” for “, 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”

   Source evidence

   Code amendment note
   Par. (13). Pub. L. 104–113, § 11(b)(7), substituted “or a government agency” for “, 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”.

   Enacted provision · exact public law section
   (7) in paragraph (13), as so redesignated by paragraph (6) of this subsection, by striking “, a government agency” and all that follows through “markings of any fastener” and inserting in lieu thereof “or a government agency”; and

9. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(b)(6) · 110 Stat. 775

   Redesignated · 15 U.S.C. § 5402(13)

   Pub. L. 104–113, § 11(b)(6), redesignated par. (14) as (13). Former par. (13) redesignated (12)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–113, § 11(b)(6), redesignated par. (14) as (13). Former par. (13) redesignated (12).

   Enacted provision · exact public law section
   (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively;

10. 1996

    National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 11(b)(8) · 110 Stat. 775

    Inserted · 15 U.S.C. § 5402(14)

    Pub. L. 104–113, § 11(b)(8), inserted “for the purpose of achieving a uniform hardness” after “quenching and tempering”

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 104–113, § 11(b)(8), inserted “for the purpose of achieving a uniform hardness” after “quenching and tempering”.

    Enacted provision · exact public law section
    (8) in paragraph (14), as so redesignated by paragraph (6) of this subsection, by inserting “for the purpose of achieving a uniform hardness” after “quenching and tempering”.

11. 1996

    National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 11(b)(6) · 110 Stat. 775

    Redesignated · 15 U.S.C. § 5402(14)

    Pub. L. 104–113, § 11(b)(6), redesignated par. (15) as (14). Former par. (14) redesignated (13)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–113, § 11(b)(6), redesignated par. (15) as (14). Former par. (14) redesignated (13).

    Enacted provision · exact public law section
    (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively;

12. 1996

    National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 11(b)(6) · 110 Stat. 775

    Redesignated · 15 U.S.C. § 5402(15)

    Pub. L. 104–113, § 11(b)(6), redesignated par. (15) as (14)

    Source evidence

    Code amendment note
    Par. (15). Pub. L. 104–113, § 11(b)(6), redesignated par. (15) as (14).

    Enacted provision · exact public law section
    (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively;

13. 1999

    Pub. L. 106–34 § 3 · 113 Stat. 118

    1. Amended · 15 U.S.C. § 5402

       Pub. L. 106–34 amended section catchline and text generally, restating certain definitions

    2. Added · 15 U.S.C. § 5402

       Pub. L. 106–34 adding new definitions

    3. Struck · 15 U.S.C. § 5402

       Pub. L. 106–34 striking out definitions of “alter”, “container”, “institute”, “original equipment manufacturer”, “private label distributor”, and “standards and specifications”

    Source evidence

    Code amendment note
    Pub. L. 106–34 amended section catchline and text generally, restating certain definitions, adding new definitions, and striking out definitions of “alter”, “container”, “institute”, “original equipment manufacturer”, “private label distributor”, and “standards and specifications”.

    Enacted provision · exact public law section
    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— “(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 laboratory accreditation body that meets the requirements of ISOAEC Guide 58 (or another document approved by the Director under section 10(d)), including revisions from time-to-time; “(2) ‘consensus standard’ means the provisions of a document 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 Engineers, the Society of Automotive Engineers, the International Organization for Standardization, any other organization identified 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 manufacturer 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 ¼ 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 represented 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 package 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 “(G) manufactured to a proprietary standard, whether or not such proprietary standard directly or indirectly references 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 manufacturing process; “(III) product verification embodied in a comprehensive 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 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/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 requirements of ISO/IEC 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 manufacturing 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 manufacturer’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; “(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 fasteners for sale in commerce; “(12) ‘proprietary standard’ means the provisions of a document 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 characteristics 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 specifications 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 summary 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 fastener’s purported characteristics in 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 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 transformation temperature followed by quenching and tempering for the purpose of achieving uniform hardness.”.

19 of 19 references resolved to an enrolled provision