United States 116th Congress Status: Died Bipartisan · 2 D · 1 R cosponsors

HR 3169 — FASTER

Last action — Subcommittee Hearings Held.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Consumer product safety · 15 U.S.C. ch. 47 1 section
  • § 2064 Substantial product hazards Amends

    15 U.S.C. § 2064

    The law today

    (a) “Substantial product hazard” defined For purposes of this section, the term “substantial product hazard” means— (1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or (2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public. (b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer Every manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49 1), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product— (1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under section 2058 of this title; (2) fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission; (3) contains a defect which could create a substantial product hazard described in subsection (a)(2); or (4) creates an unreasonable risk of serious injury or death, shall immediately inform the Commission of such failure to comply, of such defect, or of such risk, unless such manufacturer, distributor, or retailer has actual knowledge that the Commission has been adequately informed of such defect, failure to comply, or such risk. A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under section 1264 of this title, except for offenses which require a showing of intent to defraud or mislead. (c) Notice of defect or failure to comply; mail notice (1) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (f) of this section) that a product distributed in commerce presents a substantial product hazard and that notification is required in order to adequately protect the public from such substantial product hazard, or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 2061 of this title, the Commission may order the manufacturer or any distributor or retailer of the product to take any one or more of the following actions: (A) To cease distribution of the product. (B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product. (C) To notify appropriate State and local public health officials. (D) To give public notice of the defect or failure to comply, including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice. (E) To mail notice to each person who is a manufacturer, distributor, or retailer of such product. (F) To mail notice to every person to whom the person required to give notice knows such product was delivered or sold. Any such order shall specify the form and content of any ...

    3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes a fast-track recall process for potentially hazardous consumer products.

  • 15 U.S.C. § 2064

    (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).

    This amendment establishes a detailed process for a fast-track recall of hazardous products, requiring manufacturers to notify the Commission and provide specific information that will be made public.

Action History

  1. Subcommittee Hearings Held.

  2. Referred to the Subcommittee on Consumer Protection and Commerce.

  3. Introduced in House

  4. Introduced in House

  5. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 544 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (544)

544 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 3169 do?
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.
Who sponsors HR 3169?
HR 3169 is sponsored by McMorris Rodgers, Cathy (Republican), Soto, Darren (Democratic), and Wild, Susan (Democratic).
What is the current status of HR 3169?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 3169?
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