I 

111TH CONGRESS 

1ST SESSION H. R. 1977 

To require the Consumer Product Safety Commission to study drywall 

imported from China in 2004 through 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. WEXLER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require the Consumer Product Safety Commission to 

study drywall imported from China in 2004 through 

2007, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drywall Safety Act 

5 of 2009’’. 

6 SEC. 2. CPSC STUDY OF CERTAIN IMPORTED CHINESE 

7 DRYWALL. 

8 (a) IN GENERAL.— 

9 (1) STUDY.—Within 120 days after the date of 

10 enactment of this Act, the Consumer Product Safety 


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1 Commission, working in conjunction with the Na2 tional Institute for Standards and Technology and 

3 the Environmental Protection Agency, shall initiate 

4 and conclude a study of the material and chemical 

5 composition of at least 10 samples of drywall that 

6 was— 

7 (A) imported from China during the period 

8 2004 through 2007; and 

9 (B) used in residential dwellings in the 

10 United States. 

11 (2) SPECIFIC STATE SAMPLES.—The Commis12 sion shall include at least 1 sample of drywall from 

13 residences located in Florida, Louisiana, Mississippi, 

14 Texas, and Virginia. 

15 (b) CONTENTS.—The study shall include an analysis 

16 of— 

17 (1) the chemical and organic composition of the 

18 drywall samples, using the most sophisticated testing 

19 capabilities available; 

20 (2) the effect of these chemicals and organic 

21 compounds (or the gasses or other emissions ema22 nating from the drywall) on metal wiring, air condi23 tioning and heating units, and other metal fixtures 

24 commonly found in those residences; and 


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1 (3) any health or environmental impacts that 

2 may result from exposure to the chemicals or com3 pounds found in the drywall. 

4 (c) REPORT.—The Commission shall submit a report 

5 to the Senate Committee on Commerce, Science, and 

6 Transportation and the House of Representatives Com7 mittee on Energy and Commerce containing its findings, 

8 conclusions, and recommendations. 

9 SEC. 3. CONSUMER PRODUCT SAFETY STANDARD PRO10 CEEDING. 

11 Within 180 days after the date of enactment of this 

12 Act, the Commission shall initiate a proceeding to deter13 mine whether a consumer product safety standard regu14 lating the composition of materials used in drywall is nec15 essary to protect the health and safety of residential home16 owners. 

17 SEC. 4. INTERIM BAN ON DRYWALL EXCEEDING FIVE PER18 CENT ORGANIC COMPOUNDS. 

19 (a) IN GENERAL.—Within 30 days after the date of 

20 enactment of this Act, the Commission shall— 

21 (1) designate drywall containing over 5 percent 

22 organic compounds by weight as a product with a 

23 product defect which constitutes a substantial prod24 uct hazard (within the meaning of section 15(a)(2) 


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1 of the Consumer Product Safety Act (15 U.S.C. 

2 2064(a)(2))); and 

3 (2) issue an order under section 15(c)(1)(A) 

4 and (B) (15 U.S.C. 2064(c)(1)(A) and (B)) to man5 ufacturers, distributors, and retailers of such 

6 drywall. 

7 (b) DURATION OF BAN.—The rule and order issued 

8 under subsection (a) of this section shall remain in effect 

9 until— 

10 (1) the date on which the Commission publishes 

11 a determination, pursuant to the proceeding initiated 

12 under section 3, that a consumer product safety 

13 standard regulating the composition of materials 

14 used in drywall is not necessary to protect the health 

15 and safety of residential homeowners; or 

16 (2) if the Commission determines that such a 

17 consumer product safety standard is necessary, the 

18 date on which such a standard takes effect. 

Æ 


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