Title: FASTER
Policy area: Commerce

Summary:
Focusing Attention on Safety Transparency and Effective Recalls Act or the FASTER Act  This bill provides statutory authority for the Consumer Product Safety Commission’s (CPSC) fast-track recall program, which is a process for expediting removal of substantially hazardous products from the marketplace. Specifically, if a manufacturer, distributor, or retailer submits notification that it intends to carry out a fast-track recall plan, the CPSC must promptly post the notice on its website.  The fast-track recall plan submitted to the CPSC must include (1) a clear product description, (2) a clear description of the safety risk being addressed, (3) how a consumer can obtain the available remedy, (4) a statement that such remedy will be provided at no charge, (5) the earliest date such remedy will be available, and (6) a schedule for notifying entities in the supply chain of the recall plan. For the purpose of related CPSC proceedings, however, filing a fast-track plan does not constitute an admission that the product is actually defective or presents a substantial hazard.  Further, if the CPSC determines, after providing an opportunity for a hearing, that the remedy in the submitted fast-track plan is inadequate, it may order the manufacturer, distributor, or retailer to take additional actions, including ceasing distribution, notification by mail, replacing the defective product, and accelerating the remedy.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3169 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Focusing Attention on Safety 
Transparency and Effective Recalls Act'' or the ``FASTER Act''.

SEC. 2. FAST TRACK RECALLS OF CONSUMER PRODUCTS.

    Section 2064 of title 15, United States Code, is amended by 
inserting at the end the following:
    ``(k) Fast Track Recalls.--
            ``(1) In general.--If a manufacturer, distributor, or 
        retailer notifies the Commission in writing of its intention to 
        carry out a fast track recall plan to address a potential 
        substantial product hazard at no charge to consumers by 
        repairing the affected products, replacing the affected 
        products with like or equivalent products, or refunding the 
        purchase price of the products (less a reasonable allowance for 
        use for products that are more than one year old at the time of 
        the notification to the Commission), the Commission shall 
        promptly post the notice provided by the manufacturer, 
        distributor, or retailer on the Commission's website. The 
        Commission may publicize the information contained in the 
        notice by other means at its discretion.
                    ``(A) The Commission's posting of the notice on its 
                website shall constitute notification to the public for 
                purposes of section 19(a)(5).
                    ``(B) The manufacturer, distributor, or retailer 
                carrying out the fast track recall plan shall include 
                in its notice to the Commission the following 
                information, which shall be included in the public 
                website posting:
                            ``(i) A clear description of the product, 
                        including the volume of products affected in 
                        the United States.
                            ``(ii) A clear description of the safety 
                        risk being addressed.
                            ``(iii) How a consumer can obtain a remedy 
                        offered by the manufacturer, distributor, or 
                        retailer.
                            ``(iv) A statement that the remedy will be 
                        provided without charge to the consumer.
                            ``(v) The earliest date on which the remedy 
                        will be available to consumers.
                            ``(vi) The schedule for notifying 
                        purchasers, distributers, and retailers of the 
                        fast track recall plan.
                    ``(C) The manufacturer, distributor, or retailer 
                carrying out the fast track recall plan may include 
                additional information with its notice to the 
                Commission, which additional information may include 
                confidential business information. The public notice 
                along with any other information provided to the 
                Commission shall constitute the fast track recall plan.
                    ``(D) The Commission shall not delay the posting of 
                the public notice of the fast track recall plan for any 
                reason related to reviewing the adequacy of the remedy 
                or reviewing the public notice content or format, 
                except that the Commission may reject a public notice 
                that does not include the content specified in 
                subparagraph (B) of this paragraph.
                    ``(E) The filing of a fast track recall plan with 
                the Commission shall not constitute an admission that 
                the affected products contain a defect or present a 
                substantial product hazard within the meaning of this 
                section.
            ``(2) Adequacy of remedy.--If the Commission obtains 
        information that a remedy provided in a fast track recall plan 
        under paragraph (1) is inadequate to address the potential 
        product hazard identified by the manufacturer, distributor, or 
        retailer carrying out the fast track recall plan, the 
        Commission may commence a proceeding under subsection (c) or 
        (d) to determine whether the product contains a substantial 
        product hazard and, if so, to order the manufacturer, 
        distributor, or retailer to take one or more of the actions 
        specified in either of those subsections.
            ``(3) Acceleration of schedule.--If the Commission 
        determines that a fast track recall plan for which notice was 
        provided under paragraph (1) is not likely to be capable of 
        making remedies available to consumers within a reasonable 
        time, the Commission may commence a proceeding under subsection 
        (c) or (d) to determine whether the product contains a 
        substantial product hazard, and, if so, shall order the 
        manufacturer, distributor, or retailer to accelerate the remedy 
        part of the fast track recall plan.
            ``(4) No effect on other provisions.--Nothing in this 
        subsection shall be construed to alter the obligations of a 
        manufacturer, distributor, or retailer to provide a report 
        required under subsection (b).''.
                                 <all>