§5405. Laboratory accreditation

(a) Establishment of accreditation program

(1) Within 180 days after November 16, 1990, the Secretary, acting through the Director, shall issue regulations which shall include-

(A) procedures and conditions, including sampling procedures referred to in section 5404 of this title, for the accreditation by the Institute of laboratories engaged in the inspection and testing of fasteners under section 5404 of this title;

(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 chapter; 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 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 November 16, 1990, supplemented as the Secretary considers necessary, shall be used to accredit laboratories under the accreditation program established under subsection (a) of this section.

(c) Ensuring compliance

(1) The Secretary shall ensure that-

(A) private entities accrediting laboratories under procedures and conditions established under subsection (a)(1)(B) of this section comply with such procedures and conditions, and

(B) laboratories accredited by such private entities, or by foreign governments pursuant to subsection (a)(1)(C) of this section, 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) of this section.

(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.

(Pub. L. 101 592, §6, Nov. 16, 1990, 104 Stat. 2947.)

Section Referred to in Other Sections

This section is referred to in sections 5404, 5406, 5414 of this title.