I 
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 Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Foreign Affairs, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 Representa-
tives 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: 
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(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 im-
ported from China creates a corrosive environment 
for fire safety alarm devices, such as smoke and car-
bon monoxide alarms; electrical distribution compo-
nents, 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. 
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(5) Companies in China that manufactured and 
exported the contaminated drywall to the United 
States have refused to meet with United States offi-
cials, including representatives of the Consumer 
Product Safety Commission, have not provided fi-
nancial assistance to homeowners with contaminated 
drywall from China, and have not submitted to juris-
diction in United States Federal Courts that are 
hearing cases on contaminated drywall from China. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 con-
taminated drywall submit to jurisdiction in United 
States Federal Courts and comply with any decisions 
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issued by the Courts for homeowners with contami-
nated drywall. 
SEC. 3. BAN ON CONTAMINATED DRYWALL. 
(a) TREATMENT
AS BANNED HAZARDOUS SUB-
STANCE.—Any contaminated drywall shall be treated as 
a banned hazardous substance under the Federal Haz-
ardous 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 im-
posed under subsection (a) shall be treated as regulations 
of the Commission promulgated under or for the enforce-
ment 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 Commis-
sion shall promulgate a rule that allows the Commis-
sion 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— 
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(i) contaminated drywall, including 
during remediation or renovation; and 
(ii) any such drywall that was im-
ported 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 require-
ment 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 en-
force 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. 
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(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. 
Æ 
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