H6134 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

With that, Mr. Speaker, I reserve the 

balance of my time. 

Mr. BARROW. Mr. Speaker, I yield 

myself such time as I may consume. 

Mr. Speaker, I too rise in support of 

H.R. 5910, the Global Investment in 

American Jobs Act of 2012. 

Our success as a country depends 

more and more on being competitive in 

a global economy. The United States 

has historically been a very attractive 

investment for foreign businesses. In 

fact, foreign-owned businesses add over 

5 million good-paying jobs to the U.S. 

labor force, produce nearly 18 percent 

of all U.S. exports, pay nearly 17 percent of all U.S. corporate income taxes, 

and purchase nearly $2 trillion in goods 

and services from other domestic small 

businesses. 

This bill simply requires the Department of Commerce to work with the 

heads of other relevant Federal departments to conduct a review of U.S. laws 

and policies that affect foreign investment in the U.S. and then make recommendations on how we can be more 

competitive in attracting foreign investment. 

As our global competitors continue 

to develop, we have to evolve as well 

just to keep up. This bill will give us a 

fuller picture of our challenges and opportunities so we can develop a coordinated strategy for economic success. 

It’s the key to our economic well-being 

in the decades to come. 

I want to thank Congressman DOLD, 

Congressman ROSKAM, and Congressman PETERS for their collaborative and 

bipartisan work on this bill. Working 

together isn’t just the right way to do 

things around here; it’s the only way to 

actually get anything done around 

here. However much we may tend to 

forget that in this body, it’s the only 

way to truly represent the Nation as a 

whole. 

With that, Mr. Speaker, I reserve the 

balance of my time. 

Mrs. BONO MACK. Mr. Speaker, I am 

pleased to yield 5 minutes to one of the 

very hardworking authors of this legislation, the gentleman from Illinois 

(Mr. DOLD). 

Mr. DOLD. Mr. Speaker, I certainly 

want to thank my good friend from 

California for yielding the time and for 

her leadership on the subcommittee. 

Mr. Speaker, global investment 

grows our economy right here at home. 

It means good-paying, solid American 

jobs. The United States is the premier 

location around the world for companies to invest and establish operations, 

but the reality is that other nations 

are getting better at challenging the 

United States for foreign direct investment opportunities. In fact, the United 

States share of global foreign investment has declined, as my friend from 

California pointed out, from over 41 

percent in 1999 to what is under 18 percent—actually 17.6 percent in 2009. 

While America still leads the way in 

attracting this inbound or inward investment, the data make it clear that 

we must do better in order to remain 

the premier location for global investment in the 21st century. That’s why I 

am proud to introduce and champion 

H.R. 5910, the Global Investment in 

American Jobs Act. I urge my colleagues who are focused on improving 

our economy and creating American 

jobs to vote in support of this legislation so that it can get signed quickly 

by the President. 

The Global Investment in American 

Jobs Act has earned broad bipartisan 

support both here in the House and in 

the United States Senate. And I want 

to thank Congressman ROSKAM, Congressman BARROW, Congressman 

PETERS, as well as Senators KERRY and 

CORKER, for helping lead the push for 

this legislation. I also want to thank 

the many cosponsors who recognize 

how important this legislation is to 

growing our economy and keeping jobs 

here at home. 

This legislation provides a road map 

for enhancing the U.S. competitiveness 

and attracting foreign direct investment into the United States. It does 

this by expanding on an existing Commerce Department report and charges 

the Commerce Department to identify 

certain policies and regulations— 

whether those are in existence intentionally or, more importantly, indirectly or unintentionally—that might 

uniquely create a barrier for investment here in the United States. It also 

helps us gain a better understanding of 

which current policies promote this 

much-needed global investment into 

the United States and into our communities. 

Mr. Speaker, in Illinois, insourcing 

currently accounts for a little over 

273,000 direct jobs, including many 

great jobs in the 10th District of Illinois. But it’s not just in Illinois. The 

benefits of this inbound investment is 

seen in literally every State, helping us 

to sustain innovation, manufacturing, 

trade, supplier networks, and over 5 

million direct jobs throughout our Nation. 

b 2030 

But with other nations actively reforming their policies in an effort to 

make their countries increasingly 

more competitive for these global investments, it’s critical that the United 

States do the same. 

Promoting and encouraging global 

investment into our country, and the 

jobs that will come with it, is something that we all should promote. It is 

something that has been identified as 

key to economic growth in our country, certainly in the Chicago region, 

and it is something that I’m proud to 

lead the charge on in Congress. 

I urge my colleagues to vote ‘‘yea’’ 

on the legislation, and I want to thank 

my colleague from Georgia for his help 

and leadership as well. 

Mr. BARROW. Mr. Speaker, there 

being no further speakers on our side, I 

would inquire of the gentlelady from 

California if she has any further speakers on hers. 

Mrs. BONO MACK. No, I do not have 

any further speakers. At this time, I’m 

prepared to close. 

Mr. BARROW. With that, Mr. Speaker, it falls to me only to thank, once 

again, Congressman DOLD, Congressman ROSKAM, and Congressman PETERS

for their work on this bill. 

I yield back the balance of my time. 

Mrs. BONO MACK. Mr. Speaker, I’m 

just going to say that there’s absolutely no magic bullet for putting 

Americans back to work again, but 

what we can do and what we should do 

is eliminate the endless roadblocks to 

job creation which are acting like a 

tire boot on the U.S. economy. Today 

we’re simply going nowhere fast. 

This bill will help to get America 

moving again by removing many of 

those barriers and by developing a 

much-needed plan for attracting toptier businesses from around the world. 

Today, with more than 23 million 

Americans who are unemployed or underemployed, it’s time to cut that tire 

boot off of our economy and to develop 

a new roadmap for prosperity. The 

Global Investment in American Jobs 

Act of 2012 is one way for us to start on 

that journey. 

Mr. Speaker, again, I applaud my colleagues for their hard work, and I 

thank them very much for what 

they’ve done. 

I strongly urge all of my colleagues 

to adopt H.R. 5910. It is a bipartisan 

bill. It’s supported by leading business 

groups. And when it comes to job creation, it’s another piece to the puzzle 

that simply fits perfectly. 

I yield back the balance of my time. 

The SPEAKER pro tempore. 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. 5910, as 

amended. 

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

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

DRYWALL SAFETY ACT OF 2012 

Mrs. BONO MACK. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 4212) to designate drywall 

manufactured in China a banned hazardous product, and for other purposes, 

as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 4212 

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 


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September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6135 

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. 

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

California (Mrs. BONO MACK) and the 

gentleman from Florida (Mr. DEUTCH) 

each will control 20 minutes. 

The Chair recognizes the gentlewoman from California. 

GENERAL LEAVE

Mrs. BONO MACK. 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 H.R. 4212. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

Mrs. BONO MACK. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, as chairman of the 

House Subcommittee on Commerce, 

Manufacturing and Trade, which has 

jurisdiction over the Consumer Product Safety Commission, I rise today in 

strong support of H.R. 4212, an important bipartisan bill to help the Federal 

Government fight the problem of defective and potentially hazardous Chinese 

drywall. 

I would like to thank my colleague, 

Mr. RIGELL of Virginia, for all of his 

hard and thoughtful work on this important legislation. 

Today, if something smells rotten in 

your home or in your business, Chinese 

drywall may be to blame. Scientific 

laboratory tests have identified emissions from some of this drywall to include sulfurous gases such as hydrogen 

sulfide, which leaves a stench muck 

like rotten eggs. 

It’s time to address this widespread 

problem, which exploded across our 

landscape after Hurricane Katrina. By 

some estimates, enough suspect Chinese drywall has entered the U.S. since 

2006 to build more than 60,000 American 

homes, many of which are located in 

the southeastern U.S. 

But here’s the problem. The emissions from contaminated drywall worsen as the temperature and the humidity rise, causing copper surfaces, including pipes, wiring, and air conditioning coils to become blackened and 

corroded. As a result, many people 

have complained about respiratory 

problems such as chronic coughing, 

asthma attacks, and difficulty in 

breathing, and that’s in addition to 

headaches and sinus issues. 

Most of the companies which made 

this bad drywall are owned, at least in 

part, by the Chinese Government, and 

they have steadfastly refused to appear 

in American courts or to cooperate 

with the Federal Government’s ongoing safety investigation. 

In some cases, U.S. builders, to their 

credit, have stepped up on their own to 

remediate the problem, but thousands 

of others have had to sue or simply eat 

the costs of replacing this drywall. 


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H6136 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

H.R. 4212 is one way to help prevent 

this problem from happening again in 

the future. 

But, at the same time, we’re also trying to help people who’ve already been 

impacted. This bill directs the Secretary of Commerce to work with the 

Chinese Government in coming up with 

a fair solution to settle outstanding 

claims. 

In addition, H.R. 4212 requires labeling of all drywall with the name of the 

manufacturer and the date of its manufacture. In the past, the lack of this 

critically important information has 

been a real problem because homeowners couldn’t tell, in many cases, 

which company manufactured that bad 

drywall. 

And finally, this legislation requires 

the Consumer Product Safety Commission to promulgate an important new 

standard to limit the sulfur content of 

drywall, unless industry comes up with 

an acceptable voluntary standard first. 

Mr. Speaker, science has spoken. 

This isn’t a case of we think we have a 

problem. Today, we know we have a 

problem. China chooses to ignore it, 

but America chooses to do something 

about it. 

I strongly urge the adoption of this 

bill, and I reserve the balance of my 

time. 

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC, October 5, 2011. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

Washington, DC. 

DEAR CHAIRMAN UPTON: Thank you for 

your consultation with the Foreign Affairs 

Committee on the amended text of H.R. 4212, 

the Drywall Safety Act of 2012, given the referral of that bill to our Committee. 

I am writing to confirm the agreement of 

the Foreign Affairs Committee to be discharged from consideration of H.R. 4214 in 

order to expedite its consideration on the 

House floor. In agreeing to waive consideration of that bill, this Committee does not 

waive any jurisdiction that it has over provisions in that bill or any other matter. This 

also does not constitute a waiver of the participation of the Committee of Foreign Affairs in any conference on this bill. I ask 

that you include a copy of this letter and 

your response in the Congressional Record 

during floor consideration of the bill. 

Thank you again for your consideration 

and collegiality in this matter. 

Cordially, 

ILEANA ROS-LEHTINEN, 

Chairman. 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC, September 17, 2012. 

Hon. ILEANA ROS-LEHTINEN, 

Chairman, Committee on Foreign Affairs, Washington, DC. 

DEAR CHAIRMAN ROS-LEHTINEN, Thank you 

for your letter regarding H.R. 4212, the ‘‘Contaminated Drywall Safety Act of 2012.’’ As 

you noted, there are provisions of the bill 

that fall within the Rule X jurisdiction of 

the Committee on Foreign Affairs. 

I appreciate your willingness to forgo action on H.R. 4212, and I agree that your decision should not prejudice the Committee on 

Foreign Affairs with respect to its jurisdictional prerogatives on this or similar legislation, including the appointment of conferees 

in the event of a conference on this bill. 

I will include a copy of your letter and this 

response in the Congressional Record during 

consideration of H.R. 4212 on the House floor. 

Thank you again for assistance on this 

matter. 

Sincerely, 

FRED UPTON, 

Chairman. 

Mr. DEUTCH. Mr. Speaker, I would 

be prepared to reserve my time if my 

friend, Mr. RIGELL, would like to speak 

first. 

Mrs. BONO MACK. Mr. Speaker, I am 

pleased to yield 5 minutes to the gentleman from Virginia (Mr. RIGELL), my 

colleague and the author of this bill, a 

very hard worker. 

Mr. RIGELL. I thank the gentlelady 

for yielding, and I thank my colleagues 

for being here tonight to support a 

really great and much-needed piece of 

legislation. 

I do rise in strong support of the 

Drywall Safety Act of 2012. This truly 

is a bill about protecting the American 

family, both their physical health and 

their financial health. 

Mr. Speaker, this is about doing what 

is right to address a terrible injustice 

that has fallen upon so many families, 

many of whom live in the Second Congressional District of Virginia, and 

thousands across our country. These 

are families that are reeling financially, and also their health has been 

damaged because of drywall that was 

manufactured in a defective manner in 

China and then shipped to the United 

States and installed in homes across 

our great land. 

They’re our friends and neighbors, 

hardworking folks who saved, bought 

homes, and were living the American 

Dream, or really, so they thought. And 

their dream, Mr. Speaker, so often has 

turned into a true nightmare. Their 

children have developed just bloody 

noses and respiratory ailments. 

Mr. Speaker, I’ve met with these 

families. It’s really heartbreaking. 

They’re having to pay for their current 

home, which is uninhabitable, and then 

go out and rent or maybe attempt to 

buy another home. It’s a type of financial stress that so many of the families 

have been unable to adjust to. And 

many of them, so many of whom I’ve 

met with, have ended up having to file 

financial bankruptcy. 

So I appreciate the leadership of the 

chairwoman this evening and my friend 

and colleague, Representative DEUTCH, 

a cochairman with me on the Contaminated Drywall Caucus. We’ve advanced, 

we believe, a sound piece of legislation, 

bipartisan, that really addresses this 

problem. It doesn’t, and we don’t portend that it fixes everything, but it is 

a major and significant step forward. 

These families, the only thing they 

have left is, I think, hope that we’ll do 

the right thing here tonight. It’s been 

over 4 years that these families have 

been hurting. You know, they looked 

first to the lender, to the importers of 

the drywall, to the insurers. They 

didn’t find any real relief there. 

b 2040 

Some of the banks, to their credit, 

have given some consideration, but it’s 

not enough. We’ve got to act tonight in 

this House, and I trust that we will. 

The bill takes China to task directly 

for failing to require their state-owned 

manufacturers to compensate the victims of their contaminated products. It 

expresses the undivided sense of Congress that the Government of China 

needs to make right and ensure that 

those who have lost so much are made 

whole. 

As the chairwoman pointed out, clear 

labeling requirements are incorporated 

into the legislation; and by limiting 

the amount of elemental sulfur allowed 

in the drywall, it will ensure that 

drywall that is defective is not imported into this country. As a lighter, 

smarter regulation advocate, I am delighted that we have gone the route of 

voluntary standards. If we can go that 

direction, that’s our preferred way 

above the regulatory approach. So we 

set up the industry, itself, to advance 

by setting industry standards that will 

apply as well to foreign manufactured 

drywall products, and we will protect 

our homeowners that way. 

In closing, I just want to express 

again my sincere appreciation to all of 

those who have made it possible for us 

to bring the bill to the floor, and I 

trust and hope that we will pass it by 

unanimous consent tonight. 

I particularly want to thank my 

friend and colleague from Florida, Representative DEUTCH, for his leadership 

in serving as the cochairman of our 

caucus. 

You’ve just been terrific, and your 

staff has been terrific. 

I also want to thank the majority 

and minority members and the staffs 

on the Energy and Commerce Committee who worked so hard to navigate 

a lot of challenges to get this bill to 

the floor. 

Mr. Speaker, this is commonsense 

legislation. It is much needed. I know 

these families and they are hurting. I 

trust and encourage my colleagues to 

do the right thing tonight—to advance 

this bill and to support it. 

Mr. DEUTCH. Mr. Speaker, I yield 

myself such time as I may consume. 

I rise in strong support of this 

amended form of H.R. 4212, the Contaminated Drywall Safety Act of 2012. 

My friend Mr. RIGELL is correct: 

when we have an opportunity to do 

something for the families in America 

who are really suffering and when we 

can do it in a commonsense and bipartisan way, we have every responsibility 

to take that action. That’s what this 

bill is about, and that’s what this 

evening is about. 

In the wake of the 2005 and 2006 hurricane seasons, a domestic shortage of 

drywall developed in our country, 

drywall for rebuilding homes and businesses. To make up for this shortage, 

builders began importing several million tons of drywall from China; but it 

was not until 2009 that reports started 


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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