[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[Senate]
[Page 9055]
[From the U.S. Government Publishing Office, www.gpo.gov]




     SENATE RESOLUTION 91--CALLING ON THE CONSUMER PRODUCT SAFETY 
COMMISSION, THE SECRETARY OF THE TREASURY, AND THE SECRETARY OF HOUSING 
  AND URBAN DEVELOPMENT TO TAKE ACTION ON ISSUES RELATING TO DRYWALL 
                          IMPORTED FROM CHINA

  Mr. NELSON of Florida (for himself and Ms. Landrieu) submitted the 
following resolution; which was referred to the Committee on Commerce, 
Science, and Transportation:

                               S. Res. 91

       Whereas between 2006 and late 2007, more than 550,000,000 
     pounds of drywall and associated building materials were 
     imported from China to the United States;
       Whereas not less than 300,000,000 pounds of drywall were 
     imported from China to the State of Florida, enough to build 
     approximately 36,000 homes;
       Whereas not less than 60,000,000 pounds of drywall were 
     imported from China to the State of Louisiana, enough to 
     build approximately 7,000 homes;
       Whereas media reports indicate that drywall imported from 
     China was also used in homes in no fewer than 10 other 
     States, including Georgia, Mississippi, North Carolina, South 
     Carolina, Texas, and Virginia;
       Whereas testing by officials of the State of Florida found 
     that drywall imported from China contains potentially 
     hazardous levels of strontium sulfide, which, when exposed to 
     moisture and humidity, can release hydrogen sulfide into the 
     air;
       Whereas emissions from drywall imported from China have 
     caused substantial safety hazards in homes containing such 
     drywall, including corrosion in electrical wiring, which can 
     result in a fire hazard, failure of air conditioning units, 
     and the failure of other household electrical products; and
       Whereas preliminary testing shows that the drywall may also 
     be responsible for certain health hazards: Now, therefore, be 
     it
       Resolved, That it is the sense of the Senate that--
       (1) the Consumer Product Safety Commission should--
       (A) initiate a formal proceeding to investigate drywall 
     imported from China during the period from 2004 through 2007;
       (B) prohibit the further importation of drywall and 
     associated building products from China;
       (C) order a recall of hazardous Chinese drywall; and
       (D) use its existing authority under the Consumer Product 
     Safety Improvement Act of 2008 (Public Law 110-314; 122 Stat. 
     3016) and the Federal Hazardous Substances Act (15 U.S.C. 
     1261 et seq.) to seek civil penalties against the drywall 
     manufacturers in China that produced or distributed hazardous 
     drywall and their subsidiaries in the United States to cover 
     the cost of the recall effort and other associated 
     remediation efforts; and
       (2) the Secretary of the Treasury and the Secretary of 
     Housing and Urban Development should--
       (A) use all available measures, including civil forfeiture 
     authority, to ensure that the costs of homeowner assistance 
     efforts are borne by the drywall manufacturers in China that 
     produced or distributed hazardous drywall and their 
     subsidiaries in the United States and not by the taxpayers of 
     the United States; and
       (B) develop meaningful Federal tax incentives to help 
     offset the expense of costly drywall repairs for struggling 
     homeowners already suffering from depressed home values and 
     negative economic conditions.

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