[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4212 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4212
To designate drywall manufactured in China a banned hazardous product,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2012
Mr. Rigell (for himself, Mr. Deutch, Mr. Posey, Ms. Wasserman Schultz,
Mr. Wittman, Mr. Hastings of Florida, Mr. Diaz-Balart, Ms. Brown of
Florida, Mr. Scott of Virginia, Mr. Forbes, and Mr. Buchanan)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To designate drywall manufactured in China a banned hazardous product,
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 ``Contaminated Drywall Safety Act of
2012''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Between 2001 through 2009, contaminated drywall
manufactured in China was imported into the United States and
used in home construction.
(2) It has been found through scientific studies, including
a study by Sandia National Laboratories in New Mexico, that the
contaminated drywall imported from China creates a corrosive
environment for fire safety alarm devices, such as smoke and
carbon monoxide alarms; electrical distribution components,
such as receptacles, switches, and circuit breakers; and gas
service piping and fire suppression sprinkler systems installed
in the affected homes.
(3) Based on these scientific findings, the United States
Consumer Product Safety Commission issued an updated
Remediation Protocol for Homes with Problem Drywall on March
18, 2011, which recommends the replacement of all contaminated
drywall and replacement of fire safety alarm devices,
electrical distribution components, and gas service piping and
fire suppression sprinkler systems.
(4) In addition, homeowners with contaminated drywall from
China have indicated that the drywall releases a strong sulfur-
like odor that renders the home uninhabitable.
(5) Companies in China that manufactured and exported the
contaminated drywall to the United States have refused to meet
with United States officials, including representatives of the
Consumer Product Safety Commission, have not provided financial
assistance to homeowners with contaminated drywall from China,
and have not submitted to jurisdiction in United States Federal
Courts that are hearing cases on contaminated drywall from
China.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should insist that the
Government of the People's Republic of China, which has
ownership interests in the companies that manufactured and
exported contaminated drywall to the United States, have the
companies meet with representatives of the United States
Government on remedying homeowners that have contaminated
drywall in their homes; and
(2) the Secretary of State should insist that the
Government of the People's Republic of China have the companies
that manufactured and exported contaminated drywall submit to
jurisdiction in United States Federal Courts and comply with
any decisions issued by the Courts for homeowners with
contaminated drywall.
SEC. 3. BAN ON CONTAMINATED DRYWALL.
(a) Treatment as Banned Hazardous Substance.--Any contaminated
drywall shall be treated as a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and as an
imminent hazard under section 12 of the Consumer Product Safety Act (15
U.S.C. 2061).
(b) Treatment as a Regulation Under the Federal Hazardous
Substances Act.--The ban imposed under subsection (a) shall be treated
as regulations of the Commission promulgated under or for the
enforcement of section 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
(c) Additional Regulations.--
(1) Exemption.--Not later than 180 days after the date of
enactment of this Act, the Commission shall promulgate a rule
that allows the Commission to exempt certain drywall that the
Commission has determined to be non-hazardous.
(2) Disposal and test.--Not later than 180 days after the
date of enactment of this Act, the Commission shall promulgate
a rule on--
(A) the disposal of--
(i) contaminated drywall, including during
remediation or renovation; and
(ii) any such drywall that was imported
into the United States but not used; and
(B) a standard test to identify any such drywall.
SEC. 4. ENFORCEMENT.
(a) Penalties.--Any failure of a person subject to a requirement of
section 3 to comply with such requirement shall be treated as a
violation of section 4 of the Federal Hazardous Substances Act (15
U.S.C. 1263) and subject to the penalties set forth in section 5 of
such Act (15 U.S.C. 1264).
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the next 2 years, the
Commission shall submit to Congress a report on the actions taken by
the Commission to enforce the provisions of this Act, including a
summary of the criminal and civil penalties imposed under subsection
(a).
SEC. 5. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Contaminated drywall.--The term ``contaminated
drywall'' means drywall that are goods of the People's Republic
of China classifiable under subheading 6809.11.00 or 6809.19.00
of the Harmonized Tariff Schedule of the United States.
<all>