[Congressional Record Volume 158, Number 166 (Friday, December 21, 2012)]
[Senate]
[Pages S8377-S8378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DRYWALL SAFETY ACT OF 2012
Mr. REID. Mr. President, I now ask unanimous consent the Committee on
Commerce be discharged from further consideration of H.R. 4212, and we
now proceed to this matter.
The PRESIDING OFFICER . Without objection, it is so ordered. The
clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 4212) 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.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the Vitter
substitute amendment which is at the desk be agreed to, the bill as
amended be read a third time and passed, the motions to reconsider be
considered made and laid on the table, and any statements be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3432) was agreed to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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
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.--Beginning 180 days after the
date of the enactment of this Act, the gypsum board labeling
provisions of standard ASTM C1264-11 of ASTM International,
as in effect on the day before the date of the enactment of
this Act, shall be treated as a rule promulgated by the
Consumer Product Safety Commission under section 14(c) of the
Consumer Product Safety Act (15 U.S.C. 2063(c)).
(b) Revision of Standard.--If the gypsum board labeling
provisions of the standard referred to in subsection (a) are
revised on or after the date of the enactment of this Act,
ASTM International shall notify the Commission of such
revision no later than 60 days after final approval of the
revision by ASTM International. The revised provisions shall
be treated as a rule promulgated by the Commission under
section 14(c) of such 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 as the
Commission considers appropriate), unless within 90 days
after receiving that notice the Commission determines that
the revised provisions do not adequately identify gypsum
board by manufacturer and month and year of manufacture, 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 2 years after the
date of the 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
[[Page S8378]]
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;
(B) such voluntary standard is or will be in effect not
later than two years after the date of enactment of this Act;
and
(C) such voluntary standard is developed by Subcommittee
C11.01 on Specifications and Test Methods for Gypsum Products
of ASTM International.
(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 considers appropriate), 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.--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 modify the
sulfur content limit or to include any provision relating
only 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 the enactment of
this Act, the Consumer Product Safety Commission shall revise
its guidance entitled ``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 amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 4212), as amended, was read the third time, and
passed.
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