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[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>
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