[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.
____________________