[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 739

  To require the Consumer Product Safety Commission to study drywall 
   imported from China in 2004 through 2007, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2009

  Mr. Nelson of Florida (for himself and Ms. Landrieu) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To require the Consumer Product Safety Commission to study drywall 
   imported from China in 2004 through 2007, and for other purposes.

    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 ``Drywall Safety Act of 2009''.

SEC. 2. CPSC STUDY OF CERTAIN IMPORTED CHINESE DRYWALL.

    (a) In General.--
            (1) Study.--Within 120 days after the date of enactment of 
        this Act, the Consumer Product Safety Commission, working in 
        conjunction with the National Institute for Standards and 
        Technology and the Environmental Protection Agency, shall 
        initiate and conclude a study of the material and chemical 
        composition of at least 10 samples of drywall that was--
                    (A) imported from China during the period 2004 
                through 2007; and
                    (B) used in residential dwellings in the United 
                States.
            (2) Specific state samples.--The Commission shall include 
        at least 1 sample of drywall from residences located in 
        Florida, Louisiana, Mississippi, Texas, and Virginia.
    (b) Contents.--The study shall include an analysis of--
            (1) the chemical and organic composition of the drywall 
        samples, using the most sophisticated testing capabilities 
        available;
            (2) the effect of these chemicals and organic compounds (or 
        the gasses or other emissions emanating from the drywall) on 
        metal wiring, air conditioning and heating units, and other 
        metal fixtures commonly found in those residences; and
            (3) any health or environmental impacts that may result 
        from exposure to the chemicals or compounds found in the 
        drywall.
    (c) Report.--The Commission shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce containing its 
findings, conclusions, and recommendations.

SEC. 3. CONSUMER PRODUCT SAFETY STANDARD PROCEEDING.

    Within 180 days after the date of enactment of this Act, the 
Commission shall initiate a proceeding to determine whether a consumer 
product safety standard regulating the composition of materials used in 
drywall is necessary to protect the health and safety of residential 
homeowners.

SEC. 4. INTERIM BAN ON DRYWALL EXCEEDING FIVE PERCENT ORGANIC 
              COMPOUNDS.

    (a) In General.--Within 30 days after the date of enactment of this 
Act, the Commission shall--
            (1) designate drywall containing over 5 percent organic 
        compounds by weight as a product with a product defect which 
        constitutes a substantial product hazard (within the meaning of 
        section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 
        2064(a)(2))); and
            (2) issue an order under section 15(c)(1)(A) and (B) (15 
        U.S.C. 2064(c)(1)(A) and (B)) to manufacturers, distributors, 
        and retailers of such drywall.
    (b) Duration of Ban.--The rule and order issued under subsection 
(a) of this section shall remain in effect until--
            (1) the date on which the Commission publishes a 
        determination, pursuant to the proceeding initiated under 
        section 3, that a consumer product safety standard regulating 
        the composition of materials used in drywall is not necessary 
        to protect the health and safety of residential homeowners; or
            (2) if the Commission determines that such a consumer 
        product safety standard is necessary, the date on which such a 
        standard takes effect.
                                 <all>