Drywall Safety Act of 2012
PL 112-266 (H.R.4212), enacted 01/14/2013

126 STAT. 2437 
PUBLIC LAW 112–266—JAN. 14, 2013 
Public Law 112–266 
112th Congress 
An Act 
To prevent the introduction into commerce of unsafe drywall, to ensure the manufac-
turer of drywall is readily identifiable, to ensure that problematic drywall removed 
from homes is not reused, and for other purposes. 
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 owner-
ship interests in the companies that manufactured and 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 compa-
nies 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 provi-
sions 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 labeling 
provisions of the standard referred to in subsection (a) are revised 
on or after the date of the enactment of this Act, ASTM Inter-
national shall notify the Commission of such revision no later 
than 60 days after final approval of the revision by ASTM Inter-
national. The revised provisions shall be treated as a rule promul-
gated by the Commission under section 14(c) of such 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 as the 
Commission considers appropriate), unless within 90 days after 
receiving that notice the Commission determines that the revised 
Effective date. 
Determination. 
Notification. 
Deadlines. 
Effective date. 
15 USC 2056c 
note. 
Drywall Safety 
Act of 2012. 
15 USC 2051 
note. 
Jan. 14, 2013 
[H.R. 4212] 
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126 STAT. 2438 
PUBLIC LAW 112–266—JAN. 14, 2013 
provisions do not adequately identify gypsum board by manufac-
turer and month and year of manufacture, 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 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 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 manu-
factured 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 Sub-
committee C11.01 on Specifications and Test Methods for 
Gypsum Products of ASTM International. 
(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 deter-
mination 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 considers appropriate), unless within 90 
days after receiving that notice the Commission determines that 
the sulfur content limit of the revised voluntary standard does 
Effective date. 
Determination. 
Notification. 
Deadlines. 
Effective date. 
Determination. 
Deadline. 
15 USC 2056c. 
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126 STAT. 2439 
PUBLIC LAW 112–266—JAN. 14, 2013 
LEGISLATIVE HISTORY—H.R. 4212: 
CONGRESSIONAL RECORD: 
Vol. 158 (2012): Sept. 19, considered and passed House. 
Dec. 21, considered and passed Senate, amended. 
Dec. 30, House considered concurring in Senate amendment. 
Vol. 158 (2013): Jan. 1, House concurred in Senate amendment. 
not meet the requirements of subsection (c)(1)(A), in which case 
the Commission shall continue to enforce the prior version. 
(f) FUTURE RULEMAKING.—The Commission, at any time subse-
quent 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 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 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 DIS-
POSAL 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 Corro-
sion 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. 
Approved January 14, 2013. 
Deadline. 
15 USC 2056c 
note. 
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