Text: H.R.4212 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-266 (01/14/2013)

 
[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

[[Page 126 STAT. 2438]]

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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