IIB 112th CONGRESS 2d Session H. R. 4212 IN THE SENATE OF THE UNITED STATES September 20, 2012 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To prevent the introduction into commerce of unsafe drywall, to ensure the manufacturer of drywall is readily identifiable, to ensure that problematic drywall removed from homes is not reused, and for other purposes.

1.

Short title

This Act may be cited as the Drywall Safety Act of 2012.

2.

Sense of Congress

It is the sense of Congress that— (1)the Secretary of Commerce should insist that the Government of the People’s Republic of China, which has ownership interests in the companies that manufactured and exported problematic drywall to the United States, facilitate a meeting between the companies and representatives of the United States Government on remedying homeowners that have problematic drywall in their homes; and (2)the Secretary of Commerce should insist that the Government of the People’s Republic of China direct the companies that manufactured and exported problematic drywall to submit to jurisdiction in United States Federal Courts and comply with any decisions issued by the Courts for homeowners with problematic drywall.

3.

Drywall labeling requirement

(a)

Labeling requirement

Except as provided in subsection (b), not later than one year after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a final rule under section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)) requiring that each sheet of drywall manufactured or imported for use in the United States be permanently marked with the name of the manufacturer and the month and year of manufacture. (b)

Exception

(1)

Voluntary standard

Subsection (a) shall not apply if the Consumer Product Safety Commission determines that— (A)a voluntary standard pertaining to drywall manufactured or imported for use in the United States is adequate to permit the identification of the manufacturer of such drywall and the month and year of manufacture; and (B)such voluntary standard is or will be in effect not later than 2 years after the date of enactment of this Act. (2)

Federal Register

Any determination made under paragraph (1) shall be published in the Federal Register. (c)

Treatment of voluntary standard for purposes of enforcement

Except as provided in subsection (d), if the Commission determines that a voluntary standard meets the conditions under subsection (b)(1), then the labeling requirement of that standard shall be enforceable as a Commission rule promulgated under section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)) beginning on the date that is the later of— (1)180 days after publication of the determination under subsection (b); or (2)the effective date contained in the voluntary standard. (d)

Revision of voluntary standard

If the labeling requirement of a voluntary standard that met the conditions of subsection (b)(1) is subsequently revised, the organization responsible for the standard shall notify the Commission no later than 60 days after final approval of the revision. The labeling requirement of the revised voluntary standard shall become enforceable as a Commission rule promulgated under section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)), in lieu of the prior version, effective 180 days after the Commission is notified of the revision (or such later date the Commission may specify), unless within 90 days after receiving that notice the Commission determines that the labeling requirement of the revised voluntary standard does not meet the requirements of subsection (b)(1)(A), in which case the Commission shall continue to enforce the prior version.

4.

Sulfur content in drywall standard

(a)

Rule on sulfur content in drywall required

Except as provided in subsection (c), not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a final rule pertaining to drywall manufactured or imported for use in the United States that limits sulfur content to a level not associated with elevated rates of corrosion in the home. (b)

Rule making; consumer product safety standard

A rule under subsection (a)— (1)shall be promulgated in accordance with section 553 of title 5, United States Code; and (2)shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c)

Exception

(1)

Voluntary standard

Subsection (a) shall not apply if the Commission determines that— (A)a voluntary standard pertaining to drywall manufactured or imported for use in the United States limits sulfur content to a level not associated with elevated rates of corrosion in the home; and (B)such voluntary standard is or will be in effect not later than two years after the date of enactment of this Act. (2)

Federal Register

Any determination made under paragraph (1) shall be published in the Federal Register. (d)

Treatment of Voluntary Standard for Purposes of Enforcement

If the Commission determines that a voluntary standard meets the conditions in subsection (c)(1), the sulfur content limit in such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date that is the later of— (1)180 days after publication of the Commission’s determination under subsection (c); or (2)the effective date contained in the voluntary standard. (e)

Revision of voluntary standard

If the sulfur content limit of a voluntary standard that met the conditions of subsection (c)(1) is subsequently revised, the organization responsible for the standard shall notify the Commission no later than 60 days after final approval of the revision. The sulfur content limit of the revised voluntary standard shall become enforceable as a Commission rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), in lieu of the prior version, effective 180 days after the Commission is notified of the revision (or such later date as the Commission may specify), unless within 90 days after receiving that notice the Commission determines that the sulfur content limit of the revised voluntary standard does not meet the requirements of subsection (c)(1)(A), in which case the Commission shall continue to enforce the prior version. (f)

Future rulemaking

Notwithstanding any other provision of this Act, the Commission, at any time subsequent to publication of the consumer product safety rule required by subsection (a) or a determination under subsection (c), may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to reduce the sulfur content limit or to include any provision relating to the composition or characteristics of drywall that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

5.

Revision of remediation guidance for drywall disposal required

Not later than 120 days after the date of enactment of this Act, the Consumer Product Safety Commission shall revise its Remediation Guidance for Homes with Corrosion from Problem Drywall to specify that problematic drywall removed from homes pursuant to the guidance should not be reused or used as a component in production of new drywall.

Passed the House of Representatives September 19, 2012. Karen L. Haas, Clerk.