Whereas, between 2006 and late 2007, more than 550,000,000
pounds of drywall and associated building materials were imported from China to
the United States;
Whereas not less than 300,000,000 pounds of drywall were
imported from China to the State of Florida, enough to build approximately
36,000 homes;
Whereas not less than 60,000,000 pounds of drywall were
imported from China to the State of Louisiana, enough to build approximately
7,000 homes;
Whereas media reports indicate that drywall imported from
China was also used in homes in no fewer than 10 other States, including
Georgia, Mississippi, North Carolina, South Carolina, Texas, and
Virginia;
Whereas testing by officials of the State of Florida found
that drywall imported from China contains potentially hazardous levels of
strontium sulfide, which, when exposed to moisture and humidity, can release
hydrogen sulfide into the air;
Whereas emissions from drywall imported from China have
caused substantial safety hazards in homes containing such drywall, including
corrosion in electrical wiring, which can result in a fire hazard, failure of
air conditioning units, and the failure of other household electrical products;
and
Whereas preliminary testing shows that the drywall may
also be responsible for certain health hazards: Now, therefore, be it
That it is the sense of the Senate
that—
(1)the Consumer
Product Safety Commission should—
(A)initiate a formal
proceeding to investigate drywall imported from China during the period from
2004 through 2007;
(B)prohibit the
further importation of drywall and associated building products from
China;
(C)order a recall of
hazardous Chinese drywall; and
(D)use its existing
authority under the Consumer Product Safety Improvement Act of 2008 (Public Law
110–314; 122 Stat. 3016) and the Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.) to seek civil penalties against the drywall manufacturers in
China that produced or distributed hazardous drywall and their subsidiaries in
the United States to cover the cost of the recall effort and other associated
remediation efforts; and
(2)the Secretary of
the Treasury and the Secretary of Housing and Urban Development should—
(A)use all available
measures, including civil forfeiture authority, to ensure that the costs of
homeowner assistance efforts are borne by the drywall manufacturers in China
that produced or distributed hazardous drywall and their subsidiaries in the
United States and not by the taxpayers of the United States; and
(B)develop
meaningful Federal tax incentives to help offset the expense of costly drywall
repairs for struggling homeowners already suffering from depressed home values
and negative economic conditions.