IIB 
112TH CONGRESS 
2D SESSION 
H. R. 4212 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 20, 2012 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To prevent the introduction into commerce of unsafe drywall, 
to ensure the manufacturer of drywall is readily identifi-
able, to ensure that problematic drywall removed from 
homes is not reused, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 compa-
nies that manufactured and exported problematic 
drywall to the United States, facilitate a meeting be-
tween the companies and representatives of the 
United States Government on remedying home-
owners 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 jurisdic-
tion in United States Federal Courts and comply 
with any decisions issued by the Courts for home-
owners 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 
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14(c) of the Consumer Product Safety Act (15 U.S.C. 
2063(c)) requiring that each sheet of drywall manufac-
tured or imported for use in the United States be perma-
nently 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 manufac-
ture; 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 vol-
untary standard meets the conditions under subsection 
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(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 determina-
tion under subsection (b); or 
(2) the effective date contained in the voluntary 
standard. 
(d) REVISION OF VOLUNTARY STANDARD.—If the la-
beling 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 vol-
untary standard shall become enforceable as a Commis-
sion rule promulgated under section 14(c) of the Con-
sumer 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 Commis-
sion 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 
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case the Commission shall continue to enforce 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 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 safe-
ty rule promulgated under section 9 of the Con-
sumer 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 
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level not associated with elevated rates of corro-
sion 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 deter-
mines that a voluntary standard meets the conditions in 
subsection (c)(1), the sulfur content limit in such vol-
untary 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 Commis-
sion’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 
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the revision. The sulfur content limit of the revised vol-
untary standard shall become enforceable as a Commis-
sion 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 noti-
fied 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 Prod-
uct Safety Act (15 U.S.C. 2058). 
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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 problem-
atic drywall removed from homes pursuant to the guidance 
should not be reused or used as a component in production 
of new drywall. 
Passed the House of Representatives September 19, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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