In the Senate of the United States, 
December 21, 2012. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4212) entitled ‘‘An Act to prevent the introduc-
tion into commerce of unsafe drywall, to ensure the manufac-
turer of drywall is readily identifiable, to ensure that prob-
lematic drywall removed from homes is not reused, and for 
other purposes.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
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
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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 di-
rect 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.—Beginning 180 days 
after the date of the enactment of this Act, the gypsum board 
labeling provisions of standard ASTM C1264–11 of ASTM 
International, as in effect on the day before the date of the 
enactment of this Act, shall be treated as a rule promulgated 
by the Consumer Product Safety Commission under section 
14(c) of the Consumer Product Safety Act (15 U.S.C. 
2063(c)). 
(b) REVISION OF STANDARD.—If the gypsum board la-
beling provisions of the standard referred to in subsection 
(a) are revised on or after the date of the enactment of this 
Act, ASTM International shall notify the Commission of 
such revision no later than 60 days after final approval
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of the revision by ASTM International. The revised provi-
sions shall be treated as a rule promulgated by the Commis-
sion under section 14(c) of such Act (15 U.S.C. 2063(c)), 
in lieu of the prior version, effective 180 days after the Com-
mission is notified of the revision (or such later date as 
the Commission considers appropriate), unless within 90 
days after receiving that notice the Commission determines 
that the revised provisions do not adequately identify gyp-
sum board by manufacturer and month and year of manu-
facture, in which case the Commission shall continue to en-
force the prior version. 
SEC. 4. SULFUR CONTENT IN DRYWALL STANDARD. 
(a) RULE ON SULFUR CONTENT IN DRYWALL RE-
QUIRED.—Except as provided in subsection (c), not later 
than 2 years after the date of the enactment of this Act, 
the Consumer Product Safety Commission shall promulgate 
a final rule pertaining to drywall manufactured or im-
ported for use in the United States that limits sulfur con-
tent 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 sec-
tion 553 of title 5, United States Code; and
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(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; 
(B) such voluntary standard is or will be in 
effect not later than two years after the date of 
enactment of this Act; and 
(C) such voluntary standard is developed by 
Subcommittee C11.01 on Specifications and Test 
Methods for Gypsum Products of ASTM Inter-
national. 
(2) FEDERAL
REGISTER.—Any determination 
made under paragraph (1) shall be published in the 
Federal Register. 
(d) TREATMENT OF VOLUNTARY STANDARD FOR PUR-
POSES OF ENFORCEMENT.—If the Commission determines 
that a voluntary standard meets the conditions in sub-
section (c)(1), the sulfur content limit in such voluntary
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(f) FUTURE RULEMAKING.—The Commission, at any 
time subsequent to publication of the consumer product safe-
ty 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 modify 
the sulfur content limit or to include any provision relating 
only to the composition or characteristics of drywall that 
the Commission determines is reasonably necessary to pro-
tect 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 the enactment 
of this Act, the Consumer Product Safety Commission shall 
revise its guidance entitled ‘‘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. 
Attest: 
Secretary.