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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4212 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 4212

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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.

    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 ``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.--Except as provided in subsection (b), 
not later than one year after the date of enactment of this Act, the 
Consumer Product Safety Commission shall promulgate a final rule under 
section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)) 
requiring that each sheet of drywall manufactured or imported for use 
in the United States be permanently marked with the name of the 
manufacturer and the month and year of manufacture.
    (b) Exception.--
            (1) Voluntary standard.--Subsection (a) shall not apply if 
        the Consumer Product Safety Commission determines that--
                    (A) a voluntary standard pertaining to drywall 
                manufactured or imported for use in the United States 
                is adequate to permit the identification of the 
                manufacturer of such drywall and the month and year of 
                manufacture; and
                    (B) such voluntary standard is or will be in effect 
                not later than 2 years after the date of enactment of 
                this Act.
            (2) Federal register.--Any determination made under 
        paragraph (1) shall be published in the Federal Register.
    (c) Treatment of Voluntary Standard for Purposes of Enforcement.--
Except as provided in subsection (d), if the Commission determines that 
a voluntary standard meets the conditions under subsection (b)(1), then 
the labeling requirement of that standard shall be enforceable as a 
Commission rule promulgated under section 14(c) of the Consumer Product 
Safety Act (15 U.S.C. 2063(c)) beginning on the date that is the later 
of--
            (1) 180 days after publication of the determination under 
        subsection (b); or
            (2) the effective date contained in the voluntary standard.
    (d) Revision of Voluntary Standard.--If the labeling requirement of 
a voluntary standard that met the conditions of subsection (b)(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 labeling requirement of the revised voluntary 
standard shall become enforceable as a Commission rule promulgated 
under section 14(c) of the Consumer Product Safety 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 the 
Commission may specify), unless within 90 days after receiving that 
notice the Commission determines that the labeling requirement of the 
revised voluntary standard does not meet the requirements of subsection 
(b)(1)(A), 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 1 year after the date of 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; and
                    (B) such voluntary standard is or will be in effect 
                not later than two years after the date of enactment of 
                this Act.
            (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 may 
specify), 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.--Notwithstanding any other provision of this 
Act, 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 reduce 
the sulfur content limit or to include any provision relating 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 enactment of this Act, 
the Consumer Product Safety Commission shall revise its ``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.

            Passed the House of Representatives September 19, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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