[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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