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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4212 Engrossed Amendment Senate (EAS)]

                  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:

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.--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) 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 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 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. SULFUR CONTENT IN DRYWALL STANDARD.

    (a) 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) 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 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 
considers appropriate), 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.--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. REVISION OF REMEDIATION GUIDANCE FOR DRYWALL DISPOSAL REQUIRED.

    Not later than 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.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                               H.R. 4212

_______________________________________________________________________

                               AMENDMENT
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