[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4212 Engrossed in House (EH)]
112th CONGRESS
2d Session
H. R. 4212
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.--Except as provided in subsection (b),
not later than one year after the date of enactment of this Act, the
Consumer Product Safety Commission shall promulgate a final rule under
section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c))
requiring that each sheet of drywall manufactured or imported for use
in the United States be permanently marked with the name of the
manufacturer and the month and year of manufacture.
(b) Exception.--
(1) Voluntary standard.--Subsection (a) shall not apply if
the Consumer Product Safety Commission determines that--
(A) a voluntary standard pertaining to drywall
manufactured or imported for use in the United States
is adequate to permit the identification of the
manufacturer of such drywall and the month and year of
manufacture; and
(B) such voluntary standard is or will be in effect
not later than 2 years after the date of enactment of
this Act.
(2) Federal register.--Any determination made under
paragraph (1) shall be published in the Federal Register.
(c) Treatment of Voluntary Standard for Purposes of Enforcement.--
Except as provided in subsection (d), if the Commission determines that
a voluntary standard meets the conditions under subsection (b)(1), then
the labeling requirement of that standard shall be enforceable as a
Commission rule promulgated under section 14(c) of the Consumer Product
Safety Act (15 U.S.C. 2063(c)) beginning on the date that is the later
of--
(1) 180 days after publication of the determination under
subsection (b); or
(2) the effective date contained in the voluntary standard.
(d) Revision of Voluntary Standard.--If the labeling requirement of
a voluntary standard that met the conditions of subsection (b)(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 labeling requirement of the revised voluntary
standard shall become enforceable as a Commission rule promulgated
under section 14(c) of the Consumer Product Safety 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 the
Commission may specify), unless within 90 days after receiving that
notice the Commission determines that the labeling requirement of the
revised voluntary standard does not meet the requirements of subsection
(b)(1)(A), 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 1 year after the date of 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) 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; and
(B) such voluntary standard is or will be in effect
not later than two years after the date of enactment of
this Act.
(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 may
specify), 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.--Notwithstanding any other provision of this
Act, 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 reduce
the sulfur content limit or to include any provision relating 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 enactment of this Act,
the Consumer Product Safety Commission shall revise its ``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.
Passed the House of Representatives September 19, 2012.
Attest:
Clerk.
112th CONGRESS
2d Session
H. R. 4212
_______________________________________________________________________
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.