[Congressional Record (Bound Edition), Volume 155 (2009), Part 21]
[House]
[Pages 28977-28980]
[From the U.S. Government Publishing Office, www.gpo.gov]




  TEMPORARY FORBEARANCE FOR FAMILIES AFFECTED BY CONTAMINATED DRYWALL

  Ms. WATERS. Madam Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 197) encouraging banks and 
mortgage servicers to work with families affected by contaminated 
drywall to allow temporary forbearance without penalty on payments on 
their home mortgages, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 197

       Whereas since January 2009 over 1,300 cases of contaminated 
     drywall have been reported from 26 States and the District of 
     Columbia;
       Whereas noxious gases released from contaminated drywall 
     can cause serious health effects involving the upper 
     respiratory tract, such as bloody noses, rashes, sore 
     throats, and burning eyes;
       Whereas toxins released from contaminated drywall can 
     corrode metals inside the home, such as air conditioning 
     coils and electrical wiring;
       Whereas the dangers and health risks posed by contaminated 
     drywall have forced thousands of families out of their homes 
     and into temporary living situations, and many such families 
     are unable to afford an additional financial burden;
       Whereas because of cases of contaminated drywall, some 
     Americans who pay their mortgages on time are now suffering 
     from both financial problems and health complications at no 
     fault of their own; and
       Whereas banks and mortgage servicers can help families 
     affected by contaminated drywall by taking into account, with 
     respect

[[Page 28978]]

     to their mortgage payments, the financial burdens imposed by 
     the need to respond to this problem: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress encourages banks and mortgage 
     servicers to work with families affected by contaminated 
     drywall by considering adjustments to mortgage payment 
     schedules that take these financial burdens into account.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Waters) and the gentleman from Virginia (Mr. Wittman) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. WATERS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. WATERS. Madam Speaker, I yield to myself as much time as I may 
consume.
  Madam Speaker, America's homeowners are currently facing the worst 
economic crisis in recent memory. Foreclosures are up. Home prices have 
declined and many homeowners now owe more on their homes than they are 
worth. These economic challenges have been made worse by health and 
safety issues many homeowners are now facing due to the installation of 
Chinese drywall in their homes. Since 2007, the Consumer Product Safety 
Commission has received over 2,100 reports from 32 States detailing 
health and safety problems associated with Chinese drywall. Health 
problems include asthma attacks, headaches, irritated eyes and skin and 
bloody noses.

                              {time}  1145

  Regarding home safety, homeowners are seeing their appliances shut 
down and have witnessed the piping and wiring in their homes turn black 
from corrosion. This is because of the highly toxic chemicals that are 
in Chinese drywall. A recent CPSC study found high levels of hydrogen 
sulfide and formaldehyde in the air of homes built with Chinese 
drywall. As these are highly corrosive and dangerous chemicals, the 
CPSC is now advising homeowners with homes built with Chinese drywall 
to spend as much time outdoors and in the fresh air as possible. In the 
meantime, homeowners are desperate to remove these toxic building 
materials from their homes. Some have even moved out of their homes in 
order to complete the repairs. Unfortunately, due to the current 
economic crisis, many families cannot afford to pay their mortgage and 
pay the rent on a second home.
  The resolution before us today calls on the Nation's mortgage 
servicers to work with homeowners living in homes affected by Chinese 
drywall by providing a temporary forbearance of their mortgage in order 
to assist them in affording the cost of renting a second home while 
their primary residence is treated.
  Madam Speaker, this is a commonsense resolution. It's long overdue. 
As I mentioned earlier, America's homeowners are dealing with the brunt 
of the economic crisis head on. Those dealing with Chinese drywall are 
especially vulnerable and need for their mortgage servicers to step up 
to the plate to assist them in dealing with this health and safety 
issue.
  I would like to thank the gentleman from Virginia (Mr. Nye) for 
offering this solution. I would like to note that the Senate has 
already passed a concurrent resolution, and I hope that my colleagues 
in the House can show their support for America's homeowners by doing 
the same.
  Madam Speaker, I reserve the balance of my time.
  Mr. WITTMAN. I yield myself such time as I may consume.
  I'd like to thank my colleague from Virginia (Mr. Nye) for 
introducing this legislation to encourage financial and lending 
institutions to work with homeowners affected by toxic drywall. I would 
also like to thank the chairman and ranking member of the Financial 
Services Committee for bringing this resolution to the floor.
  As of Friday, November 20, 2009, the Consumer Product Safety 
Commission had received nearly 2,100 complaints from homeowners in 32 
States and the District of Columbia. The Commonwealth of Virginia and 
particularly the Hampton Roads region has been hit hard, and many 
homeowners are facing significant health problems and financial ruin 
because of the presence of toxic drywall in their homes.
  The complaints to the Consumer Product Safety Commission, which began 
sometime in 2006, include a rotten egg smell within the home; health 
concerns such as irritated and itchy eyes and skin; difficulty in 
breathing; persistent cough; runny noses; recurrent headaches, sinus 
infections, nose bleeds, and asthma attacks; and blackened and corroded 
metal components in electrical systems and air conditioning units.
  In October, I toured the homes of several constituents affected by 
the toxic drywall in the Hollymeade subdivision in Newport News and saw 
firsthand how toxic drywall has put the health and financial well-being 
of numerous families at risk. I met with these folks again last week to 
be updated on their current predicament. These homeowners, many of whom 
served or who are serving our country in the Armed Forces, cannot 
afford to carry a mortgage on a home that is uninhabitable and make 
arrangements to pay rent or pay a mortgage on a second home to keep 
their families safe. Many of these families are juggling the burdens of 
having a deployed spouse or a spouse preparing for deployment and an 
additional financial burden such as a move out of an impacted home, 
foreclosure, or loss of insurance coverage. All of these would be 
devastating to these families.
  This resolution encourages banks to allow for a temporary forbearance 
without penalty on payments on their home mortgages. This would give 
homeowners the time they need to work out a more permanent solution. My 
office is currently working with seven homeowners who are seeking 
assistance from their lenders.
  Again, I would like to thank my colleague from Virginia (Mr. Nye) for 
introducing this legislation, and I strongly urge my colleagues to 
support it.
  Madam Speaker, I reserve the balance of my time.
  Ms. WATERS. I yield the balance of my time to the gentleman from 
Virginia (Mr. Nye).
  Mr. NYE. I thank my colleague very much for yielding.
  Madam Speaker, I stand here today to raise awareness about a problem 
affecting hundreds of families in Hampton Roads, Virginia, and 
thousands across the United States: the problem of toxic Chinese 
drywall. Chinese drywall has induced serious health problems, created 
severe financial hardships, and driven thousands of American families 
from their homes.
  Since January 2009, over 1,300 cases have been reported from now over 
26 States and the District of Columbia. I have seen firsthand the 
physical, emotional, and financial burden toxic Chinese drywall 
creates. Just the other month I visited homes in my district that had 
the drywall installed. The toxins released by the drywall reeked of 
rotten eggs and had corroded the electrical wiring of the homes. In 
fact, there are homes that have had to replace expensive air 
conditioning units, televisions, microwaves, and other valuable 
appliances several times because of the harmful chemicals contained in 
the drywall.
  Toxic Chinese drywall can also cause deep coughs, bloody noses, and 
severe eye irritation. And those are just the short-term health effects 
that we know about. I wouldn't be surprised if even more serious health 
effects are soon found. Affected families have been left with an 
impossible choice: live in a home and put their family at risk, or 
shell out tens, if not hundreds of thousands of dollars, to replace the 
drywall. While some more fortunate families have been able to get help 
from friends, relatives and neighbors, many others have moved into 
rental housing, forcing them to pay both rent and the mortgage on the 
contaminated home. At a time when the economy is already

[[Page 28979]]

struggling, this hardship is more than families can sustain.
  Today, I urge my colleagues to support this resolution encouraging 
banks and mortgage servicers to work with their customers by allowing a 
grace period on their mortgage payments until they get back on their 
feet. Many banking institutions have already voluntarily provided 
mortgage forbearances for many of their customers, and I applaud the 
benevolence of these institutions. This can be a life-saver for 
affected families.
  Madam Speaker, as we work to create long-term solutions, we must also 
find a way to give these families some relief now. I want to thank my 
friends Mr. Wexler and Mrs. McCarthy; my colleague from Virginia (Mr. 
Wittman); Mr. Buchanan; as well as Ms. Waters and Chairman Frank for 
working with me on this important legislation, and I hope the rest of 
my colleagues will join me in its support.
  Ms. WATERS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. WITTMAN. I yield myself the balance of my time.
  I want to echo the comments of Mr. Nye from Virginia. Having visited 
a number of these homes, the health effects from this toxic drywall are 
very apparent. The sulfur there is pungent. Just in the time that I 
spent there, I experienced some of the same systems, runny nose, itchy 
eyes, irritation of the lungs, a cough; and that was just in the very 
short period of time of about 2 hours. I can only imagine what those 
families have to endure under those conditions and living in those 
homes. So our hearts and minds and concerns go out to them.
  Last week, the Consumer Product Safety Commission released the 
results of their most recent study of 51 homes. There was a lot of 
effort to try to get the Consumer Product Safety Commission to do a 
study on this toxic drywall. Their study did not find anything now that 
is conclusive about the health effects of drywall, but the Consumer 
Product Safety Commission did commit to continue the study because we 
all believe that just looking at 51 homes doesn't look at the full 
scope of this problem. This problem is in over 2,100 instances, and we 
know there are more across 32 States. So they've committed to work 
continually to identify which compounds could be causing these health 
problems.
  Their study found a strong association between the problem drywall, 
the hydrogen sulfide level in homes with that drywall, and corrosion in 
these homes. These two preliminary studies of corrosion of metal 
components taken from homes containing the problem drywall found copper 
sulfide corrosion in the initial samples tested, which supports the 
finding of an association between hydrogen sulfide and the corrosion.
  Ongoing laboratory tests continue to investigate the nexus between 
safety and the short- and long-term effects of such corrosion not only 
on the homes, but it should also be looking at the effects on 
individuals that inhabit those homes. Based on these studies completed 
to date, the interagency task force can begin a new phase by developing 
a protocol to identify homes with corrosive drywall and a process to 
address the corrosive drywall and its effects.
  I urge the task force to work expeditiously to complete the study 
phase and to release its protocols for identifying impacted homes and 
for remediation. This resolution will give homeowners the time they 
need to make decisions based on the Consumer Product Safety Commission 
studies and protocols for a more permanent solution to their situation.
  Mr. FORBES. Madam Speaker, I rise today in strong support of H. Con. 
Res. 197, to encourage banks and mortgage servicers to work with 
families affected by contaminated drywall to allow temporary 
forbearance without penalty on payment on their home mortgages. I am a 
proud cosponsor of this Resolution.
  Along with thousands of affected homeowners across the country, my 
constituents are waiting for answers on the potential health and safety 
hazards posed by toxic drywall imported from China between 2004 and 
2007. The corrosion of electrical wiring, home appliance failure, the 
emission of strong odorous gases, and health problems such as 
headaches, nausea, and throat irritation, are just some of the commonly 
reported problems associated with Chinese drywall.
  Although a federal Interagency Task Force has been investigating this 
problem for nearly one year, suffering homeowners have still not been 
provided federal guidelines for inspection or remediation of their 
homes containing Chinese drywall. Basic questions remain unanswered, 
such as whether these homes are safe for people to reside in; whether 
Chinese drywall may combine with other common home fixtures or 
chemicals to cause additional harms. Homeowners continue to wait for 
answers from their government. Despite nearly 2,000 reported cases of 
Chinese drywall to the Consumer Product Safety Commission, and untold 
thousands more still unreported, committees in the House of 
Representatives have yet to hold one investigative hearing on the 
matter. Members deserve the opportunity to hear from expert witnesses 
across the spectrum of this growing crisis. Health, financial, safety, 
and legal ramifications need to be explored in depth so that 
appropriate action may be taken on behalf of so many American 
homeowners and affected businesses.
  Madam Speaker, H. Con. Res. 197 is a step in the right direction. At 
this juncture, it is important that all those impacted by this drywall, 
from homeowners and builders to developers and banks and mortgage 
companies, work together with understanding until more answers are 
provided on the effects of this toxic drywall. I urge my colleagues to 
hold immediate congressional hearings on this issue, and I urge them to 
demonstrate their support in bringing relief to thousands of Americans 
whose homes have been so severely affected by Chinese drywall.
  Mr. POSEY. Madam Speaker, I am proud to stand in support of this 
resolution as a cosponsor.
  Contaminated drywall mostly manufactured in China and used in new 
home construction in the last decade, primarily between 2006 and 2007, 
has had a devastating impact on the housing industry in Florida and 
more importantly on the lives of thousands of homeowners and their 
families.
  So far the Consumer Product Safety Commission has received more than 
2,000 complaints from affected homeowners in at least 32 states and the 
District of Columbia. More than three-quarters of these complaints come 
from Florida. While we do not yet know the full extent of this problem, 
it appears that this concern is likely to grow considerably larger.
  Homeowners with contaminated Chinese drywall have experienced a 
number of household and health problems. The drywall emits sulfuric 
compounds which cause corrosion in copper fittings commonly used in 
plumbing and air conditioning as well as electrical components. Many 
homeowners have had to replace hardware such as air conditioning coils, 
carbon monoxide detectors, and smoke alarms multiple times in as little 
as a year. In addition to the corrosive effects of the sulfuric gases, 
homeowners have experienced a variety of related health issues, which 
have forced many to move out of their homes. Common symptoms include 
eye irritation and breathing problems.
  As you can imagine, this is financially and emotionally devastating 
for homeowners. As a result of contaminated drywall, many homes have 
dropped precipitously in value. Many people have lost their life 
savings which was invested in a home which they can now neither live in 
nor sell. Some have become desperate and chosen to walk away from their 
mortgages in the hope of starting fresh elsewhere. Still others are 
continuing to pay their mortgages while taking on the added burden of 
paying for an alternative living arrangement in the hopes that they can 
hang on long enough for a remediation protocol to be announced.
  I recently toured some of these homes in the Antilles community in my 
district and I met with affected homeowners. Just a few minutes in one 
of these houses is enough time to start feeling the symptoms that have 
caused so many homes to become unlivable. Affected homeowners need help 
and they need help quickly.
  I was pleased that the Federal Inter-Agency Drywall Task Force, 
headed by the CPSC, released the results of their 51-home study this 
month. I was encouraged to see some signs of progress from the task 
force. I was particularly encouraged that the task force officially 
established a scientific link between the contaminated drywall and the 
resulting corrosion. More importantly, the task force has established 
an identification and remediation protocol team made up of scientists 
and engineers. While additional scientific studies continue, the most 
important next steps for the CPSC are to release the identification and 
remediation protocols. This will hopefully help

[[Page 28980]]

homeowners to begin getting the problems fixed so their homes are once 
again livable and up to par with market value.
  I call on the CPSC and the task force to move quickly to identify and 
release these protocols in the most expedient manner possible. I urge 
the task force to work closely with homeowners and private industry to 
establish the most efficient and effective methods of identifying and 
fixing problem drywall.
  On the finance side, I encourage lenders to work closely with 
homeowners to modify loans and extend credit for remediation once a 
protocol is established. The mortgage crisis of the past year would 
only be made worse by a new wave of people walking away from their 
mortgages over this issue. Any help lenders can provide in modifying 
loans, offering a period of forbearance, and extending credit will help 
more people to stay in their homes and prevent the banks from having to 
assume possession of homes which they will not be able sell.
  Mr. WEXLER. Madam Speaker, I rise today in support of House 
Concurrent Resolution 197, encouraging banks and mortgage servicers to 
work with families affected by contaminated drywall to allow temporary 
forbearance without penalty on payments on their home mortgages. As a 
founding co-chair of the Congressional Contaminated Drywall Caucus, I 
am proud to sponsor this resolution and support its passage, which 
sheds further light on the plight of thousands of homeowners in south 
Florida and around the Nation dealing with the ``silent hurricane'' of 
contaminated drywall in their homes.
  The Congressional Contaminated Drywall Caucus, which now has 20 
members from seven States, has been working diligently over the past 
year to ensure that the Federal agencies and relevant organizations in 
the private sector who have a stake in this issue are engaged in a 
dialogue that produces a swift and complete response that provides 
relief to homeowners affected by this contaminated product. While I 
believe the response has not been nearly as swift as needed, I have 
been encouraged by recent efforts on the part of the Inter-Agency Task 
Force, led by Chairman Inez Tenenbaum of the Consumer Product Safety 
Commission, to come to a full determination of the science behind this 
problem, and from there determine the appropriate response to the 
litany of issues that victims are facing on a daily basis.
  One of these issues, and often one of the most critical for those 
affected, is maintaining their mortgage. As our economy begins to 
recover from the worst recession since the Great Depression and our 
housing market begins to show signs of life following record numbers of 
foreclosures, victims living in homes with contaminated drywall face 
the continued threat of foreclosure. These innocent victims are being 
forced to make the choice of remaining in their homes and paying their 
mortgages, possibly at the risk of their own health and that of their 
family, or leaving their homes to find alternative housing. Should they 
choose to seek alternative housing, they are then responsible for both 
the mortgage on their contaminated home and the rent on their 
alternative housing.
  House Concurrent Resolution 197 sends a strong statement on behalf of 
the entire House of Representatives that banks and mortgage lenders 
should work with families affected by this drywall to allow for 
temporary forbearances on their mortgage, without penalties, to ensure 
victims have the ability to move their families out of harm's way 
without risking their financial futures or losing their homes. 
Providing this relief is not only the right thing to do, but is 
essential in ensuring affected families do not continue to put their 
health at risk from this defective product.
  Madam Speaker, I am proud to support this resolution and encourage 
all of my colleagues to support this resolution.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise before you today in 
support of House Concurrent Resolution 197, ``Encouraging banks and 
mortgage servicers to work with families affected by contaminated 
drywall to allow temporary forbearance without penalty on payments on 
their home mortgages''. I would like to thank my colleague, Rep. Glenn 
Nye, for introducing this act of solidarity, as well as the co-
sponsors.
  Contaminated drywall affects thousands of Americans--since January 
2009, over 1,300 cases of this structural condition have been reported 
from 26 States and the District of Columbia. When in 2006, more than 
495 million pounds of drywall was imported into the United States from 
China, my home city of Houston was one of the major recipients.
  Earlier this year, America's Watchdog, a national advocacy group for 
consumer protection, confirmed defective drywall in homes in Michigan, 
Virginia, Georgia, Mississippi, Alabama, Louisiana, Texas, Maryland, 
North and South Carolina, New York and New Jersey, with an estimated 
10,000 homes in Florida and more than 100,000 nationwide affected. At 
least a dozen companies manufactured defective drywall in China and 
about 100 builders in Florida used the product, dating back to 2004.
  Noxious gases released from contaminated drywall can cause serious 
health effects involving the upper respiratory tract, such as bloody 
noses, rashes, sore throats, and burning eyes; and toxins released from 
contaminated drywall can corrode metals inside the home, such as air 
conditioning coils and electrical wiring.
  The dangers and health risks posed by contaminated drywall have 
forced thousands of families out of their homes and into temporary 
living situations, and many such families are unable to afford an 
additional financial burden. Because of this, some Americans who pay 
their mortgages on time are now suffering from both financial problems 
and health complications through no fault of their own.
  Banks and mortgage servicers can help families affected by this 
scourge by providing temporary forbearance with respect to their 
mortgage payments to help such families afford the costs of an 
additional residence while they are removed from their primary homes. 
That is why I join this body in encouraging banks and mortgage 
servicers to work with families affected by contaminated drywall to 
allow temporary forbearance without penalty on payments on their home 
mortgages.
  Mr. WITTMAN. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Waters) that the House suspend the 
rules and agree to the concurrent resolution, H. Con. Res. 197, as 
amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. WATERS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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