,i #aafth ,,congress #ast ,session ,h4 ,r4 #ejig ,,in ,,the ,,house ,,of ,,representatives ,november #ad1 #bjai,ms4 ,meng 7for herself1 ,mr4 ,hastings1 ,ms4 ,norton1 ,mr4 ,nadler1 ,ms4 ,tlaib1 ,mr4 ,cisneros1 and ,ms4 ,escobar7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require greater notification to the public regarding product recalls1 and for other purposes4 #a4 ,short title2 ,findings ,this ,act may be cited as the ,total ,recall ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the safety of the consumers in the ,united ,states relies on the effectiveness of a company's outreach4 7#b7 ,there are at least #djj products recalled each year by the ,consumer ,product ,safety ,commission4 7#c7 ,according to the ,consumer ,product ,safety ,commission1 the average response rate of consumers for most product recalls is between #d and #ah percent4 #c4 ,increased notification about recalls by companies participating in recalls 7a7 ,mandating public notice and including importers ,section #ae7;d77#a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfd7;d77#a77 is amended-- 7#a7 by striking may order and inserting shall order2 7#b7 by striking any distributor and inserting any distributor1 importer12 and 7#c7 by striking by subsection 7c7 and and inserting the following3 by subsection 7c71 and may order the manufacturer or any distributor1 importer1 or retailer of such product4 7b7 ,notification requirements 7#a7 ,requirements ,section #ae7;d7 of such ,act 7#ae ,u4,s4,c4 #bjfd7;d77 is further amended-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,the ,commission may not approve an action plan submitted pursuant to paragraph 7#b7 unless such action plan provides that the person submitting the action plan has performed or will perform the following3 7,a7 ,not later than the expiration of the #cfe-;day period starting on the date the ,commission approves the action plan1 spending on advertising the recall of the product subject to the order1 using methods including those determined by the ,commission for conducting recalls1 an amount equal to the greater of-- 7i7 7,i7 at least #be percent of the dollar amount spent by such person in the #ab-month period during which such person spent the greatest amount on traditional marketing 7not including marketing through the ,internet7 of the product2 plus 7,,ii7 at least the total dollar amount spent by such person marketing the product through the ,internet2 or 7ii7 if the product was part of a product bundle1 at least #e percent of the dollar amount spent by such person marketing the subscription service under which the product bundle was sold4 7,b7 ,submitting to the ,commission such evidence the ,commission determines adequate to show that such person has complied with the requirements in subparagraph 7,a74 7,c7 ,posting in a clear and conspicuous manner the notice required by paragraph 7#a7 on any ,internet website maintained by such person until the participation rate in the recall that is the subject of the notice is at least #ie percent4 7,d7 ,posting to each social media account maintained by such person the notice required by paragraph 7#a71 or a description of such notice and a link to such notice1 at least #e times each calendar month for the #ab months after the ,commission has approved the action plan4 2 and 7,c7 by adding at the end the following new paragraph3 7#e7 ,in this subsection1 the term product bundle means a single product comprised of two or more products that is sold to consumers under a subscription service that does not permit the consumer to select every product comprising the single product4 4 7#b7 ,tolling of expenditures ,paragraph 7#d7 of section #ae7;d7 of such ,act 7#ae ,u4,s4,c4 #bjfd7;d77 7as redesignated by section #c7;b77#a77;,a7 of this ,act7 is amended by adding at the end the following new subparagraph3 7,d7 ,if the ,commission revokes its approval of the action plan1 the running of the #cfe-;day period in paragraph 7#c77;,a7 shall be tolled4 ,if the ,commission approves an alternative action plan to the action plan for which approval was revoked1 the time period for completing the expenditures as required by paragraph 7#c77;,a7 for such alternative action plan shall not exceed the number of days that did not elapse under such #cfe-;day period4 4 7c7 ,notification requirements apply to settlement offers ,section #ae7;f7 of such ,act 7#ae ,u4,s4,c4 #bjfd7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,any settlement and inserting ,subject to paragraph 7#b71 any settlement2 and 7,b7 by striking unless the settlement offer is clearly frivolous or duplicative of offers previously made2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,a settlement offer described in paragraph 7#a7 may not be transmitted if such offer-- 7,a7 is clearly frivolous2 7,b7 is duplicative of offers previously made2 or 7,c7 does not obligate the manufacturer1 distributor1 importer1 or retailer that is a party to such offer to perform the actions in subparagraphs 7,a7 and 7,b7 of subsection 7k77#a74 7#c7 ,at the outset of a hearing under this subsection1 the ,commission shall recommend that a manufacturer1 distributor1 importer1 or retailer that is or becomes a party to a settlement offer perform the actions described in subsection 7d77#c77;,a74 4 7d7 ,voluntary corrective action notification ,section #ae of such ,act 7#ae ,u4,s4,c4 #bjfd7 is amended by adding at the end the following new subsection3 7k7 ,voluntary ,corrective ,action 7#a7 ,requirements ,any voluntary corrective action taken by a manufacturer1 distributor1 importer1 or retailer in consultation with the ,commission relating to a product described in subsection 7b7 may be determined by the ,commission as a sufficient remedial measure only if1 as part of such voluntary corrective action-- 7,a7 such manufacturer1 distributor1 importer1 or retailer provides the notice required by subsection 7c72 and 7,b7 such notice is posted in the manner required by subparagraphs 7,c7 and 7,d7 of subsection 7d77#c74 7#b7 ,recommendations ,when a manufacturer1 distributor1 importer1 or retailer informs the ,commission that it will take voluntary corrective action in consultation with the ,commission1 the ,commission shall recommend that such manufacturer1 distributor1 importer1 or retailer perform the actions described in subsection 7d77#c77;,a7 as part of the voluntary corrective action4 4 #d4 ,applicability 7a7 ,action plans and settlement offers ,the amendments made by subsections 7a7 through 7c7 of section #b shall only apply to action plans and settlement offers resulting from hearings under #ae7;d7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfd7;d77 initiated on or after the date of the enactment of this ,act4 7b7 ,voluntary ,corrective ,action ,the amendments made by section #b7;d7 shall only apply to voluntary corrective actions about which the ,consumer ,product ,safety ,commission is initially informed on or after the date of the enactment of this ,act4 #e4 ,recall participation rates reported to ,congress 7a7 ,report to congress ,section #bg7;j7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjgf7;j77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting after and the ,congress the following3 1 and shall make publicly available on its website12 7#b7 in paragraph 7#ab77;,f71 by striking and at the end2 7#c7 by redesignating paragraph 7#ac7 as paragraph 7#ad72 and 7#d7 by inserting after paragraph 7#ab7 the following new paragraph3 7#ac7 for each recall initiated or ongoing during the reporting period that is pursuant to an order under section #ae7;d71 a settlement agreement1 or a voluntary corrective action taken in consultation with the ,commission-- 7,a7 the number of products subject to the recall sold2 7,b7 the number of such products for which a consumer has received a remedy2 7,c7 the number of consumers to whom a direct notification has been made2 and 7,d7 the number of incidences of injuries resulting from a product subject to the recall occurring after the initiation of the recall that are reported to the ,commission2 and 4 7b7 ,effective date ,the amendments made by this section shall apply on the first day of the first fiscal year which begins after the date of the enactment of this ,act4 #f4 ,direct notification defined ,section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a77 is amended-- 7#a7 by redesignating paragraphs 7#g7 through 7#ag7 as paragraphs 7#h7 through 7#ah71 respectively2 and 7#b7 by inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,direct notification ,the term direct notification means notification by phone1 email1 or mail4 4