[112th Congress Public Law 266]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 2437]]
Public Law 112-266
112th Congress
An Act
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. <<NOTE: Jan. 14, 2013 - [H.R. 4212]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Drywall Safety
Act of 2012. 15 USC 2051 note.>>
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) <<NOTE: Effective date. 15 USC 2056c note.>> 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) <<NOTE: Notification. Deadlines.>> 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 <<NOTE: Effective date. Determination.>> 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
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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. <<NOTE: 15 USC 2056c.>> SULFUR CONTENT IN DRYWALL
STANDARD.
(a) <<NOTE: Deadline.>> 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 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) <<NOTE: Determination.>> 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 <<NOTE: Effective date.>> 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) <<NOTE: Notification. Deadlines.>> 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. <<NOTE: Effective date. Determination.>> 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
[[Page 126 STAT. 2439]]
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. <<NOTE: 15 USC 2056c note.>> REVISION OF REMEDIATION
GUIDANCE FOR DRYWALL DISPOSAL REQUIRED.
Not later than <<NOTE: Deadline.>> 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.
Approved January 14, 2013.
LEGISLATIVE HISTORY--H.R. 4212:
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CONGRESSIONAL RECORD:
Vol. 158 (2012):
Sept. 19, considered and passed
House.
Dec. 21, considered and passed
Senate, amended.
Dec. 30, House considered concurring
in Senate amendment.
Vol. 158 (2013):
Jan. 1, House concurred in Senate
amendment.
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