September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6137 

to surface that, unbeknownst to the 

builders or to the consumers, much of 

the drywall coming from China emitted high levels of corrosive sulfur. 

Currently, thousands of homeowners 

in 42 States, as well as in the District 

of Columbia, Puerto Rico and American Samoa, have been enduring an 

emergency situation in which contaminated drywall from China has been 

causing ever worsening destruction and 

damage to their homes. It has also 

caused serious health problems for the 

families living in those homes. Like 

my friend from Virginia, in having the 

opportunity to visit with families and 

listen to them share their stories about 

the illnesses that come one after another after another to their children, 

ultimately forcing them to move from 

their homes, one can’t be helped but be 

moved to action. 

The problematic drywall corrodes 

copper piping and wiring in homes, 

which causes the failure of air-conditioning systems, telecommunications 

wiring, wiring for lighting and other 

household appliances. Such corrosion 

poses both potential fire and safety 

hazards in homes, and it causes undue 

financial hardship for homeowners who 

are constantly forced to repair or replace essential appliances. 

The damage to the housing structures and the detrimental health impact on family members caused by contaminated Chinese drywall renders 

many of these homes simply uninhabitable. Such a situation forces some families to find alternate housing while 

also having to maintain the mortgages 

on their homes that are uninhabitable. 

In these difficult economic times, tremendous strain is being placed on limited family finances to constantly replace or make repairs to essential 

home appliances or to pay for other 

housing options while maintaining 

that mortgage on an uninhabitable 

home with Chinese drywall. These families have been and are in desperate 

need of assistance. 

This bill seeks to provide assistance 

to homeowners who have contaminated 

drywall in their homes and to prevent 

contaminated drywall from entering 

the country in the future. 

Our bill will assist homeowners who 

are victims of this problematic Chinese 

drywall by urging the Secretary of 

Commerce to insist that the Chinese 

Government facilitate a meeting between the companies that manufacture 

the contaminated drywall and the representatives of the U.S. Government to 

help remedy homeowners who have the 

contaminated drywall in their homes. 

In addition, the bill urges the Secretary of Commerce to insist that the 

Chinese Government direct the companies that manufactured this contaminated drywall and exported it to this 

country to submit to the jurisdiction 

of the United States Federal courts and 

to comply with any decisions issued by 

those courts on behalf of the homeowners with this contaminated 

drywall. 

The bill will ensure that similar 

problematic drywall is not imported 

into this country in the future. It 

would require that each sheet of 

drywall that is imported for use in the 

U.S. be labeled with the name of the 

manufacturer and the month and year 

of manufacture. In addition, the bill requires that the Consumer Product 

Safety Commission ensure that future 

drywall manufactured or imported for 

use in the U.S. contain sulfur limits 

that do not cause elevated rates of corrosion in the home. The bill also requires the CPSC to revise their remediation guidance for homes with contaminated drywall to include a provision that contaminated drywall removed from homes should not be used 

in the production of new drywall. 

This bill is a product of bipartisan 

negotiations, and it demonstrates how 

this House works best when both sides 

work together to get something done 

for the American people. 

I really do want to express my sincere appreciation to my cochair of the 

Congressional Contaminated Drywall 

Caucus, Congressman RIGELL, for all of 

his hard work and leadership on this 

issue. 

I also want to thank the Energy and 

Commerce Committee, particularly 

Chairman UPTON and Chairwoman 

BONO MACK, for their help as well as 

the help of Ranking Member WAXMAN

and of the ranking member on the subcommittee, Congressman BUTTERFIELD. 

I would also like to thank Congresswoman and Chair ILEANA ROS-LEHTINEN

from the Foreign Affairs Committee 

for all of her hard work, together with 

that of Ranking Member BERMAN, in 

the commitment to finding a compromise to permit this bill to move forward. 

Finally, I would like to recognize my 

friend Congressman MARIO DIAZBALART for his tireless work on this 

issue from the time the first reports of 

contaminated drywall surfaced and for 

providing much-needed assistance to 

those victims of contaminated Chinese 

drywall. 

For all of these reasons and for all of 

the people who have been affected, I 

urge my colleagues this evening to support the passage of H.R. 4212. 

I yield back the balance of my time. 

Mrs. BONO MACK. As I have no further requests for time, in closing I just 

want to make one very important 

point here—and I think it’s a great 

point to make right now—which is that 

Republicans and Democrats are united 

on this very important health and safety issue. ‘‘Made in China’’ is stamped 

on everything from kids’ toys to consumer electronics, so let’s just make 

sure it is stamped on our drywall, too. 

Let’s also make sure that this is a safe 

product, that it’s environmentally 

friendly, and that someone stands behind it. 

I applaud Mr. RIGELL for his hard 

work, and I thank Mr. DEUTCH very 

much for bringing it to our attention 

and for working with our committee. I, 

too, thank the staffs of the subcommittee and the full committee for 

all of their hard work over these past 

many days. 

With that, Mr. Speaker, I am going 

to ask that my colleagues support H.R. 

4212, and I yield back the balance of my 

time. 

The SPEAKER pro tempore (Mr. 

GOHMERT). The question is on the motion offered by the gentlewoman from 

California (Mrs. BONO MACK) that the 

House suspend the rules and pass the 

bill, H.R. 4212, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

The title was amended so as to read: 

‘‘A bill 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.’’. 

A motion to reconsider was laid on 

the table. 

f 

b 2050 

FDA USER FEE CORRECTIONS ACT 

OF 2012 

Mr. UPTON. Mr. Speaker, I ask unanimous consent that the Committee on 

Energy and Commerce be discharged 

from further consideration of the bill 

(H.R. 6433) to make corrections with respect to Food and Drug Administration 

user fees, and ask for its immediate 

consideration in the House. 

The Clerk read the title of the bill. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Michigan? 

There was no objection. 

The text of the bill is as follows: 

H.R. 6433 

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 ‘‘FDA User 

Fee Corrections Act of 2012’’. 

SEC. 2. CORRECTIONS TO FDA USER FEES. 

(a) Section 502(aa) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 352(aa)) is 

amended by striking ‘‘744A(a)(4)’’ and inserting ‘‘744B(a)(4)’’. 

(b) Subchapter C of title VII of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 379f 

et seq.) is amended— 

(1) in section 738(i)(2)(A)(ii), by striking 

‘‘shall only be available’’ and inserting 

‘‘shall be available’’; 

(2) in sections 744B(a)(2)(E)(ii)(II), 

744B(a)(3)(C)(ii)(III), 744B(a)(4)(D)(i)(II), and 

744B(a)(4)(D)(ii)(II), by inserting ‘‘for such 

year’’ after ‘‘obligation of fees’’ each place it 

appears; and 

(3) in section 744B(i)(2)(C)— 

(A) by inserting a comma after ‘‘September 

30, 2013’’; and 

(B) by striking the comma after ‘‘for fiscal 

year 2013’’. 

(c)(1) Notwithstanding section 

744B(a)(2)(E)(ii) of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 379j– 

42(a)(2)(E)(ii)), the fee authorized under section 744B(a)(2) of such Act for fiscal year 2013 


smartinez on DSK6TPTVN1PROD with HOUSE
H6138 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

shall be due 30 calendar days after publication of the notice provided for in section 

744B(a)(2)(C)(i) of such Act. 

(2) Notwithstanding section 

744B(a)(3)(C)(ii) of such Act, the fee authorized under section 744B(a)(3) of such Act for 

fiscal year 2013 shall be due on the later of— 

(A) the date of submission of the abbreviated new drug application or prior approval supplement for which such fee applies; 

or 

(B) 30 calendar days after publication of 

the notice referred to in section 

744B(a)(3)(B)(i) of such Act. 

(3) Notwithstanding section 744B(a)(4)(D)(i) 

of such Act, the fee authorized under section 

744B(a)(4) of such Act for fiscal year 2013 

shall be due not later than 45 days after the 

publication of the notice under section 

744B(a)(4)(C)(i) of such Act. 

The bill was ordered to be engrossed 

and read a third time, was read the 

third time, and passed, and a motion to 

reconsider was laid on the table. 

GENERAL LEAVE

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 

have 5 legislative days in which to revise and extend their remarks and insert extraneous materials in the 

RECORD on this bill, H.R. 6433. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Michigan? 

There was no objection. 

f 

NATIONAL PEDIATRIC RESEARCH 

NETWORK ACT OF 2012 

Mr. UPTON. Mr. Speaker, I move to 

suspend the rules and pass the bill 

(H.R. 6163) to amend title IV of the 

Public Health Service Act to provide 

for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions, as 

amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6163 

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 ‘‘National Pediatric Research Network Act of 2012’’. 

SEC. 2. NATIONAL PEDIATRIC RESEARCH NETWORK. 

Section 409D of the Public Health Service 

Act (42 U.S.C. 284h; relating to the Pediatric 

Research Initiative) is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) NATIONAL PEDIATRIC RESEARCH NETWORK.— 

‘‘(1) NETWORK.—In carrying out the Initiative, the Director of NIH, acting through the 

Director of the Eunice Kennedy Shriver National Institute of Child Health and Human 

Development and in collaboration with other 

appropriate national research institutes and 

national centers that carry out activities involving pediatric research, may provide for 

the establishment of a National Pediatric 

Research Network consisting of the pediatric 

research consortia receiving awards under 

paragraph (2). 

‘‘(2) PEDIATRIC RESEARCH CONSORTIA.— 

‘‘(A) IN GENERAL.—The Director of the Institute may award funding, including 

through grants and contracts, to public or 

private nonprofit entities— 

‘‘(i) for planning, establishing, or strengthening pediatric research consortia; and 

‘‘(ii) for providing basic operating support 

for such consortia, including with respect 

to— 

‘‘(I) basic, clinical, behavioral, or 

translational research to meet unmet needs 

for pediatric research; and 

‘‘(II) training researchers in pediatric research techniques. 

‘‘(B) RESEARCH.—The Director of NIH shall 

ensure that— 

‘‘(i) each consortium receiving an award 

under subparagraph (A) conducts or supports 

at least one category of research described in 

subparagraph (A)(ii)(I) and collectively such 

consortia conduct or support all such categories of research; and 

‘‘(ii) one or more such consortia provide 

training described in subparagraph 

(A)(ii)(II). 

‘‘(C) NUMBER OF CONSORTIA.—The Director 

of NIH may make awards under this paragraph for not more than 20 pediatric research 

consortia. 

‘‘(D) ORGANIZATION OF CONSORTIUM.—Each 

consortium receiving an award under subparagraph (A) shall— 

‘‘(i) be formed from a collaboration of cooperating institutions; 

‘‘(ii) be coordinated by a lead institution; 

and 

‘‘(iii) meet such requirements as may be 

prescribed by the Director of NIH. 

‘‘(E) SUPPLEMENT, NOT SUPPLANT.—Any 

support received by a consortium under subparagraph (A) shall be used to supplement, 

and not supplant, other public or private 

support for activities authorized to be supported under this paragraph. 

‘‘(F) DURATION OF SUPPORT.—Support of a 

consortium under subparagraph (A) may be 

for a period of not to exceed 5 years. Such period may be extended by the Director of NIH 

for additional periods of not more than 5 

years. 

‘‘(3) COORDINATION OF CONSORTIA ACTIVITIES.—The Director of NIH shall— 

‘‘(A) as appropriate, provide for the coordination of activities (including the exchange 

of information and regular communication) 

among the consortia established pursuant to 

paragraph (2); and 

‘‘(B) require the periodic preparation and 

submission to the Director of reports on the 

activities of each such consortium. 

‘‘(e) RESEARCH ON PEDIATRIC RARE DISEASES OR CONDITIONS.— 

‘‘(1) IN GENERAL.—In making awards under 

subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that 

an appropriate number of such awards are 

awarded to such consortia that agree to— 

‘‘(A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders 

(such as spinal muscular atrophy and 

Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); 

‘‘(B) conduct or coordinate one or more 

multisite clinical trials of therapies for, or 

approaches to, the prevention, diagnosis, or 

treatment of one or more pediatric rare diseases or conditions; and 

‘‘(C) rapidly and efficiently disseminate 

scientific findings resulting from such trials. 

‘‘(2) DATA COORDINATING CENTER.— 

‘‘(A) ESTABLISHMENT.—In connection with 

support of consortia described in paragraph 

(1), the Director of NIH shall establish a data 

coordinating center for the following purposes: 

‘‘(i) To distribute the scientific findings referred to in paragraph (1)(C). 

‘‘(ii) To provide assistance in the design 

and conduct of collaborative research 

projects and the management, analysis, and 

storage of data associated with such 

projects. 

‘‘(iii) To organize and conduct multisite 

monitoring activities. 

‘‘(iv) To provide assistance to the Centers 

for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems. 

‘‘(B) REPORTING.—The Director of NIH 

shall— 

‘‘(i) require the data coordinating center 

established under subparagraph (A) to provide regular reports to the Director of NIH 

and the Commissioner of Food and Drugs on 

research conducted by consortia described in 

paragraph (1), including information on enrollment in clinical trials and the allocation 

of resources with respect to such research; 

and 

‘‘(ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403.’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Michigan (Mr. UPTON) and the gentlewoman from California (Mrs. CAPPS) 

each will control 20 minutes. 

The Chair recognizes the gentleman 

from Michigan. 

Mr. UPTON. Mr. Speaker, I yield myself 3 minutes. 

Mr. Speaker, this legislation brings 

us a step closer to providing more help 

to children with unmet health needs, 

especially those with rare pediatric and 

genetic diseases. 

According to the National Institutes 

of Health, the NIH, there are 6,800 rare 

diseases, and most of these conditions 

have no treatment or cure, and they 

primarily affect children. I would guess 

that everyone in this Chamber is personally aware of the devastating impact of these diseases with some family 

that they know. I, myself, have spent 

some time with a family from my district whose children have spinal muscular atrophy, SMA. It is a very rare 

pediatric disease that is the leading genetic cause of death in infants and toddlers. 

These are great kids. I’ve got a picture of one of them here. When they 

came to see me, they told me that 

their names were Cinderella and Sleeping Beauty. They really are. These are 

just really marvelous children. They’re 

great kids, and it’s a source of real sadness that their disease is the kind that 

is often incurable and often untreatable. 

The barriers to research on rare and 

genetic diseases are those that are 

common to most research. It’s already 

difficult to initiate the experimental 

and lengthy research needed to find 

treatments and cures; however, when 

the population of patients is so small, 

maybe only a couple dozen in a State, 

these problems are even more difficult 

to solve. 

This legislation is going to help us 

establish pediatric research networks 

and a consortia that are a proven way 

to overcome those gaps in research. 

Networks and consortia will be comprised of leading institutions that act 


smartinez on DSK6TPTVN1PROD with HOUSE