In the Senate of the United States, 

December 21, 2012. 

Resolved, That the bill from the House of Representatives (H.R. 4212) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Drywall Safety Act of 

3 2012’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

6 (1) the Secretary of Commerce should insist that 

7 the Government of the People’s Republic of China, 

8 which has ownership interests in the companies that 

9 manufactured and exported problematic drywall to 
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1 the United States, facilitate a meeting between the 

2 companies and representatives of the United States 

3 Government on remedying homeowners that have 

4 problematic drywall in their homes; and 

5 (2) the Secretary of Commerce should insist that 

6 the Government of the People’s Republic of China di7 rect the companies that manufactured and exported 

8 problematic drywall to submit to jurisdiction in 

9 United States Federal Courts and comply with any 

10 decisions issued by the Courts for homeowners with 

11 problematic drywall. 

12 SEC. 3. DRYWALL LABELING REQUIREMENT. 

13 (a) LABELING REQUIREMENT.—Beginning 180 days 

14 after the date of the enactment of this Act, the gypsum board 

15 labeling provisions of standard ASTM C1264–11 of ASTM 

16 International, as in effect on the day before the date of the 

17 enactment of this Act, shall be treated as a rule promulgated 

18 by the Consumer Product Safety Commission under section 

19 14(c) of the Consumer Product Safety Act (15 U.S.C. 

20 2063(c)). 

21 (b) REVISION OF STANDARD.—If the gypsum board la22 beling provisions of the standard referred to in subsection 

23 (a) are revised on or after the date of the enactment of this 

24 Act, ASTM International shall notify the Commission of 

25 such revision no later than 60 days after final approval 
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1 of the revision by ASTM International. The revised provi2 sions shall be treated as a rule promulgated by the Commis3 sion under section 14(c) of such Act (15 U.S.C. 2063(c)), 

4 in lieu of the prior version, effective 180 days after the Com5 mission is notified of the revision (or such later date as 

6 the Commission considers appropriate), unless within 90 

7 days after receiving that notice the Commission determines 

8 that the revised provisions do not adequately identify gyp9 sum board by manufacturer and month and year of manu10 facture, in which case the Commission shall continue to en11 force the prior version. 

12 SEC. 4. SULFUR CONTENT IN DRYWALL STANDARD. 

13 (a) RULE ON SULFUR CONTENT IN DRYWALL RE14 QUIRED.—Except as provided in subsection (c), not later 

15 than 2 years after the date of the enactment of this Act, 

16 the Consumer Product Safety Commission shall promulgate 

17 a final rule pertaining to drywall manufactured or im18 ported for use in the United States that limits sulfur con19 tent to a level not associated with elevated rates of corrosion 

20 in the home. 

21 (b) RULE MAKING; CONSUMER PRODUCT SAFETY

22 STANDARD.—A rule under subsection (a)— 

23 (1) shall be promulgated in accordance with sec24 tion 553 of title 5, United States Code; and 
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1 (2) shall be treated as a consumer product safety 

2 rule promulgated under section 9 of the Consumer 

3 Product Safety Act (15 U.S.C. 2058). 

4 (c) EXCEPTION.— 

5 (1) VOLUNTARY STANDARD.—Subsection (a) shall 

6 not apply if the Commission determines that— 

7 (A) a voluntary standard pertaining to 

8 drywall manufactured or imported for use in the 

9 United States limits sulfur content to a level not 

10 associated with elevated rates of corrosion in the 

11 home; 

12 (B) such voluntary standard is or will be in 

13 effect not later than two years after the date of 

14 enactment of this Act; and 

15 (C) such voluntary standard is developed by 

16 Subcommittee C11.01 on Specifications and Test 

17 Methods for Gypsum Products of ASTM Inter18 national. 

19 (2) FEDERAL REGISTER.—Any determination 

20 made under paragraph (1) shall be published in the 

21 Federal Register. 

22 (d) TREATMENT OF VOLUNTARY STANDARD FOR PUR23 POSES OF ENFORCEMENT.—If the Commission determines 

24 that a voluntary standard meets the conditions in sub25 section (c)(1), the sulfur content limit in such voluntary 
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1 standard shall be treated as a consumer product safety rule 

2 promulgated under section 9 of the Consumer Product Safe3 ty Act (15 U.S.C. 2058) beginning on the date that is the 

4 later of— 

5 (1) 180 days after publication of the Commis6 sion’s determination under subsection (c); or 

7 (2) the effective date contained in the voluntary 

8 standard. 

9 (e) REVISION OF VOLUNTARY STANDARD.—If the sul10 fur content limit of a voluntary standard that met the con11 ditions of subsection (c)(1) is subsequently revised, the orga12 nization responsible for the standard shall notify the Com13 mission no later than 60 days after final approval of the 

14 revision. The sulfur content limit of the revised voluntary 

15 standard shall become enforceable as a Commission rule 

16 promulgated under section 9 of the Consumer Product Safe17 ty Act (15 U.S.C. 2058), in lieu of the prior version, effec18 tive 180 days after the Commission is notified of the revi19 sion (or such later date as the Commission considers appro20 priate), unless within 90 days after receiving that notice 

21 the Commission determines that the sulfur content limit of 

22 the revised voluntary standard does not meet the require23 ments of subsection (c)(1)(A), in which case the Commission 

24 shall continue to enforce the prior version. 
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1 (f) FUTURE RULEMAKING.—The Commission, at any 

2 time subsequent to publication of the consumer product safe3 ty rule required by subsection (a) or a determination under 

4 subsection (c), may initiate a rulemaking in accordance 

5 with section 553 of title 5, United States Code, to modify 

6 the sulfur content limit or to include any provision relating 

7 only to the composition or characteristics of drywall that 

8 the Commission determines is reasonably necessary to pro9 tect public health or safety. Any rule promulgated under 

10 this subsection shall be treated as a consumer product safety 

11 rule promulgated under section 9 of the Consumer Product 

12 Safety Act (15 U.S.C. 2058). 

13 SEC. 5. REVISION OF REMEDIATION GUIDANCE FOR 

14 DRYWALL DISPOSAL REQUIRED. 

15 Not later than 120 days after the date of the enactment 

16 of this Act, the Consumer Product Safety Commission shall 

17 revise its guidance entitled ‘‘Remediation Guidance for 

18 Homes with Corrosion from Problem Drywall’’ to specify 

19 that problematic drywall removed from homes pursuant to 

20 the guidance should not be reused or used as a component 

21 in production of new drywall. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION H.R. 4212 

AMENDMENT