[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6134-H6137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       DRYWALL SAFETY ACT OF 2012

  Mrs. BONO MACK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4212) to designate drywall manufactured in China a banned 
hazardous product, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4212

       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 
     2012''.

     SEC. 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

[[Page H6135]]

     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.

     SEC. 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.

     SEC. 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).

     SEC. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Bono Mack) and the gentleman from Florida (Mr. Deutch) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. BONO MACK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous materials in the Record on H.R. 4212.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. BONO MACK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as chairman of the House Subcommittee on Commerce, 
Manufacturing and Trade, which has jurisdiction over the Consumer 
Product Safety Commission, I rise today in strong support of H.R. 4212, 
an important bipartisan bill to help the Federal Government fight the 
problem of defective and potentially hazardous Chinese drywall.
  I would like to thank my colleague, Mr. Rigell of Virginia, for all 
of his hard and thoughtful work on this important legislation.
  Today, if something smells rotten in your home or in your business, 
Chinese drywall may be to blame. Scientific laboratory tests have 
identified emissions from some of this drywall to include sulfurous 
gases such as hydrogen sulfide, which leaves a stench muck like rotten 
eggs.
  It's time to address this widespread problem, which exploded across 
our landscape after Hurricane Katrina. By some estimates, enough 
suspect Chinese drywall has entered the U.S. since 2006 to build more 
than 60,000 American homes, many of which are located in the 
southeastern U.S.
  But here's the problem. The emissions from contaminated drywall 
worsen as the temperature and the humidity rise, causing copper 
surfaces, including pipes, wiring, and air conditioning coils to become 
blackened and corroded. As a result, many people have complained about 
respiratory problems such as chronic coughing, asthma attacks, and 
difficulty in breathing, and that's in addition to headaches and sinus 
issues.
  Most of the companies which made this bad drywall are owned, at least 
in part, by the Chinese Government, and they have steadfastly refused 
to appear in American courts or to cooperate with the Federal 
Government's ongoing safety investigation.
  In some cases, U.S. builders, to their credit, have stepped up on 
their own to remediate the problem, but thousands of others have had to 
sue or simply eat the costs of replacing this drywall.

[[Page H6136]]

H.R. 4212 is one way to help prevent this problem from happening again 
in the future.
  But, at the same time, we're also trying to help people who've 
already been impacted. This bill directs the Secretary of Commerce to 
work with the Chinese Government in coming up with a fair solution to 
settle outstanding claims.
  In addition, H.R. 4212 requires labeling of all drywall with the name 
of the manufacturer and the date of its manufacture. In the past, the 
lack of this critically important information has been a real problem 
because homeowners couldn't tell, in many cases, which company 
manufactured that bad drywall.
  And finally, this legislation requires the Consumer Product Safety 
Commission to promulgate an important new standard to limit the sulfur 
content of drywall, unless industry comes up with an acceptable 
voluntary standard first.
  Mr. Speaker, science has spoken. This isn't a case of we think we 
have a problem. Today, we know we have a problem. China chooses to 
ignore it, but America chooses to do something about it.
  I strongly urge the adoption of this bill, and I reserve the balance 
of my time.

                                    U.S. House of Representatives,


                                 Committee on Foreign Affairs,

                                  Washington, DC, October 5, 2011.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Chairman Upton: Thank you for your consultation with 
     the Foreign Affairs Committee on the amended text of H.R. 
     4212, the Drywall Safety Act of 2012, given the referral of 
     that bill to our Committee.
       I am writing to confirm the agreement of the Foreign 
     Affairs Committee to be discharged from consideration of H.R. 
     4214 in order to expedite its consideration on the House 
     floor. In agreeing to waive consideration of that bill, this 
     Committee does not waive any jurisdiction that it has over 
     provisions in that bill or any other matter. This also does 
     not constitute a waiver of the participation of the Committee 
     of Foreign Affairs in any conference on this bill. I ask that 
     you include a copy of this letter and your response in the 
     Congressional Record during floor consideration of the bill.
       Thank you again for your consideration and collegiality in 
     this matter.
           Cordially,
                                              Ileana Ros-Lehtinen,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 17, 2012.
     Hon. Ileana Ros-Lehtinen,
     Chairman, Committee on Foreign Affairs, Washington, DC.
       Dear Chairman Ros-Lehtinen, Thank you for your letter 
     regarding H.R. 4212, the ``Contaminated Drywall Safety Act of 
     2012.'' As you noted, there are provisions of the bill that 
     fall within the Rule X jurisdiction of the Committee on 
     Foreign Affairs.
       I appreciate your willingness to forgo action on H.R. 4212, 
     and I agree that your decision should not prejudice the 
     Committee on Foreign Affairs with respect to its 
     jurisdictional prerogatives on this or similar legislation, 
     including the appointment of conferees in the event of a 
     conference on this bill.
       I will include a copy of your letter and this response in 
     the Congressional Record during consideration of H.R. 4212 on 
     the House floor.
       Thank you again for assistance on this matter.
           Sincerely,
                                                       Fred Upton,
                                                         Chairman.

  Mr. DEUTCH. Mr. Speaker, I would be prepared to reserve my time if my 
friend, Mr. Rigell, would like to speak first.
  Mrs. BONO MACK. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from Virginia (Mr. Rigell), my colleague and the author of 
this bill, a very hard worker.
  Mr. RIGELL. I thank the gentlelady for yielding, and I thank my 
colleagues for being here tonight to support a really great and much-
needed piece of legislation.
  I do rise in strong support of the Drywall Safety Act of 2012. This 
truly is a bill about protecting the American family, both their 
physical health and their financial health.
  Mr. Speaker, this is about doing what is right to address a terrible 
injustice that has fallen upon so many families, many of whom live in 
the Second Congressional District of Virginia, and thousands across our 
country. These are families that are reeling financially, and also 
their health has been damaged because of drywall that was manufactured 
in a defective manner in China and then shipped to the United States 
and installed in homes across our great land.
  They're our friends and neighbors, hardworking folks who saved, 
bought homes, and were living the American Dream, or really, so they 
thought. And their dream, Mr. Speaker, so often has turned into a true 
nightmare. Their children have developed just bloody noses and 
respiratory ailments.
  Mr. Speaker, I've met with these families. It's really heartbreaking. 
They're having to pay for their current home, which is uninhabitable, 
and then go out and rent or maybe attempt to buy another home. It's a 
type of financial stress that so many of the families have been unable 
to adjust to. And many of them, so many of whom I've met with, have 
ended up having to file financial bankruptcy.
  So I appreciate the leadership of the chairwoman this evening and my 
friend and colleague, Representative Deutch, a cochairman with me on 
the Contaminated Drywall Caucus. We've advanced, we believe, a sound 
piece of legislation, bipartisan, that really addresses this problem. 
It doesn't, and we don't portend that it fixes everything, but it is a 
major and significant step forward.
  These families, the only thing they have left is, I think, hope that 
we'll do the right thing here tonight. It's been over 4 years that 
these families have been hurting. You know, they looked first to the 
lender, to the importers of the drywall, to the insurers. They didn't 
find any real relief there.

                              {time}  2040

  Some of the banks, to their credit, have given some consideration, 
but it's not enough. We've got to act tonight in this House, and I 
trust that we will.
  The bill takes China to task directly for failing to require their 
state-owned manufacturers to compensate the victims of their 
contaminated products. It expresses the undivided sense of Congress 
that the Government of China needs to make right and ensure that those 
who have lost so much are made whole.
  As the chairwoman pointed out, clear labeling requirements are 
incorporated into the legislation; and by limiting the amount of 
elemental sulfur allowed in the drywall, it will ensure that drywall 
that is defective is not imported into this country. As a lighter, 
smarter regulation advocate, I am delighted that we have gone the route 
of voluntary standards. If we can go that direction, that's our 
preferred way above the regulatory approach. So we set up the industry, 
itself, to advance by setting industry standards that will apply as 
well to foreign manufactured drywall products, and we will protect our 
homeowners that way.
  In closing, I just want to express again my sincere appreciation to 
all of those who have made it possible for us to bring the bill to the 
floor, and I trust and hope that we will pass it by unanimous consent 
tonight.
  I particularly want to thank my friend and colleague from Florida, 
Representative Deutch, for his leadership in serving as the cochairman 
of our caucus.
  You've just been terrific, and your staff has been terrific.
  I also want to thank the majority and minority members and the staffs 
on the Energy and Commerce Committee who worked so hard to navigate a 
lot of challenges to get this bill to the floor.
  Mr. Speaker, this is commonsense legislation. It is much needed. I 
know these families and they are hurting. I trust and encourage my 
colleagues to do the right thing tonight--to advance this bill and to 
support it.
  Mr. DEUTCH. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of this amended form of H.R. 4212, the 
Contaminated Drywall Safety Act of 2012.
  My friend Mr. Rigell is correct: when we have an opportunity to do 
something for the families in America who are really suffering and when 
we can do it in a commonsense and bipartisan way, we have every 
responsibility to take that action. That's what this bill is about, and 
that's what this evening is about.
  In the wake of the 2005 and 2006 hurricane seasons, a domestic 
shortage of drywall developed in our country, drywall for rebuilding 
homes and businesses. To make up for this shortage, builders began 
importing several million tons of drywall from China; but it was not 
until 2009 that reports started

[[Page H6137]]

to surface that, unbeknownst to the builders or to the consumers, much 
of the drywall coming from China emitted high levels of corrosive 
sulfur.
  Currently, thousands of homeowners in 42 States, as well as in the 
District of Columbia, Puerto Rico and American Samoa, have been 
enduring an emergency situation in which contaminated drywall from 
China has been causing ever worsening destruction and damage to their 
homes. It has also caused serious health problems for the families 
living in those homes. Like my friend from Virginia, in having the 
opportunity to visit with families and listen to them share their 
stories about the illnesses that come one after another after another 
to their children, ultimately forcing them to move from their homes, 
one can't be helped but be moved to action.
  The problematic drywall corrodes copper piping and wiring in homes, 
which causes the failure of air-conditioning systems, 
telecommunications wiring, wiring for lighting and other household 
appliances. Such corrosion poses both potential fire and safety hazards 
in homes, and it causes undue financial hardship for homeowners who are 
constantly forced to repair or replace essential appliances.
  The damage to the housing structures and the detrimental health 
impact on family members caused by contaminated Chinese drywall renders 
many of these homes simply uninhabitable. Such a situation forces some 
families to find alternate housing while also having to maintain the 
mortgages on their homes that are uninhabitable. In these difficult 
economic times, tremendous strain is being placed on limited family 
finances to constantly replace or make repairs to essential home 
appliances or to pay for other housing options while maintaining that 
mortgage on an uninhabitable home with Chinese drywall. These families 
have been and are in desperate need of assistance.
  This bill seeks to provide assistance to homeowners who have 
contaminated drywall in their homes and to prevent contaminated drywall 
from entering the country in the future.
  Our bill will assist homeowners who are victims of this problematic 
Chinese drywall by urging the Secretary of Commerce to insist that the 
Chinese Government facilitate a meeting between the companies that 
manufacture the contaminated drywall and the representatives of the 
U.S. Government to help remedy homeowners who have the contaminated 
drywall in their homes. In addition, the bill urges the Secretary of 
Commerce to insist that the Chinese Government direct the companies 
that manufactured this contaminated drywall and exported it to this 
country to submit to the jurisdiction of the United States Federal 
courts and to comply with any decisions issued by those courts on 
behalf of the homeowners with this contaminated drywall.
  The bill will ensure that similar problematic drywall is not imported 
into this country in the future. It would require that each sheet of 
drywall that is imported for use in the U.S. be labeled with the name 
of the manufacturer and the month and year of manufacture. In addition, 
the bill requires that the Consumer Product Safety Commission ensure 
that future drywall manufactured or imported for use in the U.S. 
contain sulfur limits that do not cause elevated rates of corrosion in 
the home. The bill also requires the CPSC to revise their remediation 
guidance for homes with contaminated drywall to include a provision 
that contaminated drywall removed from homes should not be used in the 
production of new drywall.

  This bill is a product of bipartisan negotiations, and it 
demonstrates how this House works best when both sides work together to 
get something done for the American people.
  I really do want to express my sincere appreciation to my cochair of 
the Congressional Contaminated Drywall Caucus, Congressman Rigell, for 
all of his hard work and leadership on this issue.
  I also want to thank the Energy and Commerce Committee, particularly 
Chairman Upton and Chairwoman Bono Mack, for their help as well as the 
help of Ranking Member Waxman and of the ranking member on the 
subcommittee, Congressman Butterfield.
  I would also like to thank Congresswoman and Chair Ileana Ros-
Lehtinen from the Foreign Affairs Committee for all of her hard work, 
together with that of Ranking Member Berman, in the commitment to 
finding a compromise to permit this bill to move forward.
  Finally, I would like to recognize my friend Congressman Mario Diaz-
Balart for his tireless work on this issue from the time the first 
reports of contaminated drywall surfaced and for providing much-needed 
assistance to those victims of contaminated Chinese drywall.
  For all of these reasons and for all of the people who have been 
affected, I urge my colleagues this evening to support the passage of 
H.R. 4212.
  I yield back the balance of my time.
  Mrs. BONO MACK. As I have no further requests for time, in closing I 
just want to make one very important point here--and I think it's a 
great point to make right now--which is that Republicans and Democrats 
are united on this very important health and safety issue. ``Made in 
China'' is stamped on everything from kids' toys to consumer 
electronics, so let's just make sure it is stamped on our drywall, too. 
Let's also make sure that this is a safe product, that it's 
environmentally friendly, and that someone stands behind it.
  I applaud Mr. Rigell for his hard work, and I thank Mr. Deutch very 
much for bringing it to our attention and for working with our 
committee. I, too, thank the staffs of the subcommittee and the full 
committee for all of their hard work over these past many days.
  With that, Mr. Speaker, I am going to ask that my colleagues support 
H.R. 4212, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gohmert). The question is on the motion 
offered by the gentlewoman from California (Mrs. Bono Mack) that the 
House suspend the rules and pass the bill, H.R. 4212, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

                          ____________________