I 

116TH CONGRESS 

1ST SESSION H. R. 3169 

To protect consumers by codifying a fast-track recall program to remove 

potentially hazardous products from the marketplace as quickly and 

efficiently as possible. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2019 

Mrs. RODGERS of Washington introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To protect consumers by codifying a fast-track recall program to remove potentially hazardous products from the 

marketplace as quickly and efficiently as possible. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Focusing Attention 

5 on Safety Transparency and Effective Recalls Act’’ or the 

6 ‘‘FASTER Act’’. 

7 SEC. 2. FAST TRACK RECALLS OF CONSUMER PRODUCTS. 

8 Section 2064 of title 15, United States Code, is 

9 amended by inserting at the end the following: 


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1 ‘‘(k) FAST TRACK RECALLS.— 

2 ‘‘(1) IN GENERAL.—If a manufacturer, dis3 tributor, or retailer notifies the Commission in writ4 ing of its intention to carry out a fast track recall 

5 plan to address a potential substantial product haz6 ard at no charge to consumers by repairing the af7 fected products, replacing the affected products with 

8 like or equivalent products, or refunding the pur9 chase price of the products (less a reasonable allow10 ance for use for products that are more than one 

11 year old at the time of the notification to the Com12 mission), the Commission shall promptly post the 

13 notice provided by the manufacturer, distributor, or 

14 retailer on the Commission’s website. The Commis15 sion may publicize the information contained in the 

16 notice by other means at its discretion. 

17 ‘‘(A) The Commission’s posting of the no18 tice on its website shall constitute notification 

19 to the public for purposes of section 19(a)(5). 

20 ‘‘(B) The manufacturer, distributor, or re21 tailer carrying out the fast track recall plan 

22 shall include in its notice to the Commission the 

23 following information, which shall be included 

24 in the public website posting: 


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1 ‘‘(i) A clear description of the prod2 uct, including the volume of products af3 fected in the United States. 

4 ‘‘(ii) A clear description of the safety 

5 risk being addressed. 

6 ‘‘(iii) How a consumer can obtain a 

7 remedy offered by the manufacturer, dis8 tributor, or retailer. 

9 ‘‘(iv) A statement that the remedy will 

10 be provided without charge to the con11 sumer. 

12 ‘‘(v) The earliest date on which the 

13 remedy will be available to consumers. 

14 ‘‘(vi) The schedule for notifying pur15 chasers, distributers, and retailers of the 

16 fast track recall plan. 

17 ‘‘(C) The manufacturer, distributor, or re18 tailer carrying out the fast track recall plan 

19 may include additional information with its no20 tice to the Commission, which additional infor21 mation may include confidential business infor22 mation. The public notice along with any other 

23 information provided to the Commission shall 

24 constitute the fast track recall plan. 


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1 ‘‘(D) The Commission shall not delay the 

2 posting of the public notice of the fast track re3 call plan for any reason related to reviewing the 

4 adequacy of the remedy or reviewing the public 

5 notice content or format, except that the Com6 mission may reject a public notice that does not 

7 include the content specified in subparagraph 

8 (B) of this paragraph. 

9 ‘‘(E) The filing of a fast track recall plan 

10 with the Commission shall not constitute an ad11 mission that the affected products contain a de12 fect or present a substantial product hazard 

13 within the meaning of this section. 

14 ‘‘(2) ADEQUACY OF REMEDY.—If the Commis15 sion obtains information that a remedy provided in 

16 a fast track recall plan under paragraph (1) is inad17 equate to address the potential product hazard iden18 tified by the manufacturer, distributor, or retailer 

19 carrying out the fast track recall plan, the Commis20 sion may commence a proceeding under subsection 

21 (c) or (d) to determine whether the product contains 

22 a substantial product hazard and, if so, to order the 

23 manufacturer, distributor, or retailer to take one or 

24 more of the actions specified in either of those sub25 sections. 


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1 ‘‘(3) ACCELERATION OF SCHEDULE.—If the 

2 Commission determines that a fast track recall plan 

3 for which notice was provided under paragraph (1) 

4 is not likely to be capable of making remedies avail5 able to consumers within a reasonable time, the 

6 Commission may commence a proceeding under sub7 section (c) or (d) to determine whether the product 

8 contains a substantial product hazard, and, if so, 

9 shall order the manufacturer, distributor, or retailer 

10 to accelerate the remedy part of the fast track recall 

11 plan. 

12 ‘‘(4) NO EFFECT ON OTHER PROVISIONS.— 

13 Nothing in this subsection shall be construed to alter 

14 the obligations of a manufacturer, distributor, or re15 tailer to provide a report required under subsection 

16 (b).’’. 

Æ 


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