§ 5408. Remedies and penalties

Statutory text

Civil remedies

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 chapter or any regulation under this chapter.

An action under paragraph (1) may not be brought more than 10 years after the date on which the cause of action accrues.

Civil penalties

Any person who is determined by the Secretary, after notice and an opportunity for a hearing, to have violated this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each violation.

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 faith attempt to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

Any person against whom a civil penalty is assessed under paragraph (2) of this subsection 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.

The Secretary may arbitrate, 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).

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.

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.

Criminal penalties

Whoever knowingly certifies, marks, offers for sale, or sells a fastener in violation of this chapter or a regulation under this chapter shall be fined under title 18, or imprisoned not more than 5 years, or both.

Whoever intentionally fails to maintain records relating to a fastener in violation of this chapter or a regulation under this chapter shall be fined under title 18, or imprisoned not more than 5 years, or both.

Whoever negligently fails to maintain records relating to a fastener in violation of this chapter or a regulation under this chapter shall be fined under title 18, or imprisoned not more than 2 years, or both.

Enforcement

The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this chapter. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this chapter, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.

The Secretary shall establish and maintain a hotline system to facilitate the reporting of alleged violations of this chapter, and the Secretary shall evaluate allegations reported through that system and report any credible allegations to the Attorney General.

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.

1990
Fastener Quality Act
Pub. L. 101–592 § 6 · 104 Stat. 2943
Enacted · 15 U.S.C. § 5408
Pub. L. 101–592, § 6, formerly § 9, Nov. 16, 1990, 104 Stat. 2950
Source evidence
Code source credit
Pub. L. 101–592, § 6, formerly § 9, Nov. 16, 1990, 104 Stat. 2950
Enacted provision · exact public law section
SEC. 6. LABORATORY ACCREDITATION. (a) Establishment of Accreditation Program.— (1) Within 180 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 shall be deemed to satisfy the laboratory accreditation requirements of this section. (2) Upon establishing a laboratory accreditation program under Federal Register, publication. paragraph (1), the Secretary shall publish a notice in the Federal Register stating that the Secretary is prepared to accept applications 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 accredit laboratories under the accreditation program established under subsection (a). (c) Ensuring Compliance.— (1) The Secretary shall ensure that— (A) private entities accrediting laboratories under procedures and conditions established under subsection (a)(l)(B) comply with such procedures and conditions, and (B) laboratories accredited by such private entities, or by foreign governments pursuant to subsection (a)(1)(C), 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 Organizations.— 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.
1996
National Technology Transfer and Advancement Act of 1995
Pub. L. 104–113 § 11(g) · 110 Stat. 775
Added · 15 U.S.C. § 5408(d)
Pub. L. 104–113 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–113 added subsec. (d).
Enacted provision · exact public law section
(g) Section 9 Amendment.— Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: “(d) Enforcement.— The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.”.
1999
Pub. L. 106–34 § 6(1) · 113 Stat. 118
Substituted · 15 U.S.C. § 5408(b)(3)
Pub. L. 106–34, § 6(1), substituted “of this subsection” for “of this section”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 106–34, § 6(1), substituted “of this subsection” for “of this section”.
Enacted provision · exact public law section
(1) in subsection (b)(3), by striking “of this section” and inserting “of this subsection”;
1999
Pub. L. 106–34 § 6(2) · 113 Stat. 118
Inserted · 15 U.S.C. § 5408(b)(4)
Pub. L. 106–34, § 6(2), inserted “arbitrate,” after “Secretary may”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 106–34, § 6(2), inserted “arbitrate,” after “Secretary may”.
Enacted provision · exact public law section
(2) in subsection (b)(4), by inserting “arbitrate,” after “Secretary may”; and
1999
Pub. L. 106–34 § 6(3) · 113 Stat. 118
1. Amended · 15 U.S.C. § 5408(d)
  Pub. L. 106–34, § 6(3), designated existing provisions as par. (1)
2. Added · 15 U.S.C. § 5408(d)
  Pub. L. 106–34, § 6(3), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–34, § 6(3), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(3) in subsection (d)— (A) by inserting ““(1)” after “Enforcement”.—; and (B) by adding at the end the following new paragraph: “(2) Establishment. The Secretary shall establish and maintain a hotline system to facilitate the reporting of alleged violations of this Act, and the Secretary shall evaluate allegations reported through that system and report any credible allegations to the Attorney General.”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 6 of Pub. L. 101–592 was classified to section 5405 of this title, prior to repeal by Pub. L. 106–34.

Amendments1996–1999 · 2 rounds

1999

Subsec. (b)(3). Pub. L. 106–34, § 6(1), substituted “of this subsection” for “of this section”.

Subsec. (b)(4). Pub. L. 106–34, § 6(2), inserted “arbitrate,” after “Secretary may”.

Subsec. (d). Pub. L. 106–34, § 6(3), designated existing provisions as par. (1) and added par. (2).

1996

Subsec. (d). Pub. L. 104–113 added subsec. (d).

Credits

1990–1999 · 3 acts

1990Pub. L. 101–592, § 6, formerly § 9, Nov. 16, 1990, 104 Stat. 2950
1996Pub. L. 104–113, § 11(g), Mar. 7, 1996, 110 Stat. 782
1999renumbered § 6 and amended Pub. L. 106–34, § 6, June 8, 1999, 113 Stat. 122.

Show as published

(Pub. L. 101–592, § 6, formerly § 9, Nov. 16, 1990, 104 Stat. 2950; Pub. L. 104–113, § 11(g), Mar. 7, 1996, 110 Stat. 782; renumbered § 6 and amended Pub. L. 106–34, § 6, June 8, 1999, 113 Stat. 122.)