Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	931	n/a	n/a
Engrossed in House	1,341	93	90%
Referred in Senate	1,319	5	8%
Engrossed Amendment Senate	1,141	47 Show Changes Hide Changes	44%

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HR 4212 RFS

112th CONGRESS

2d Session

H. EASCommentsClose CommentsPermalink

Resolved, That the bill from the House of Representatives (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

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AN ACT

T) entitled ‘An Act 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.Be it enacted by the Senat’, do pass with the followingCommentsClose CommentsPermalink

Strike all after the enacting clause and House of Representatives of the United States of America in Congress assembled,insert the following:CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Drywall Safety Act of 2012’. CommentsClose CommentsPermalink

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that-- CommentsClose CommentsPermalink





(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 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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 3. DRYWALL LABELING REQUIREMENT.

(a) Labeling Requirement- Except as provided in subsection (b), not later than one year after the date ofBeginning 180 days after the date of the 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 STANDARDgypsum board labeling provisions of standard ASTM C1264-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 be11 of ASTM International, as in effect not later than 2 years after the date ofon the day before the date of the 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 Commissiontreated 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)) 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. CommentsClose CommentsPermalink




(b) Revision of Voluntary Standard- If the gypsum board 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 Commisprovisions 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 of the revision by ASTM International. The labeling requirement of the revised voluntary standard shall become enforceable as a Commissionrevised provisions shall be treated as a rule promulgated by the Commission under section 14(c) of the Consumer Product Safetysuch 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 specifyas the Commission considers appropriate), unless within 90 days after receiving that notice the Commission determines that the labeling requirement of the revised voluntary standard doesrevised provisions do not meet the requirements of subsection (b)(1)(A)adequately identify gypsum board by manufacturer and month and year of manufacture, in which case the Commission shall continue to enforce the prior version. CommentsClose CommentsPermalink

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 of2 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. CommentsClose CommentsPermalink





(b) Rule Making; Consumer Product Safety Standard- A rule under subsection (a)-- CommentsClose CommentsPermalink





(1) shall be promulgated in accordance withsection 553 of title 5, United States Code; and CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(c) Exception- CommentsClose CommentsPermalink





(1) VOLUNTARY STANDARD- Subsection (a) shall not apply if the Commission determines that-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





and(B) such voluntary standard is or will be in effect not later than two years after the date of enactment of this Act; and CommentsClose CommentsPermalink





(C) such voluntary standard is developed by Subcommittee C11.01 on Specifications and Test Methods for Gypsum Products of ASTM International. CommentsClose CommentsPermalink





(2) FEDERAL REGISTER- Any determination made under paragraph (1) shall be published in the Federal Register. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(1) 180 days after publication of the Commission’s determination under subsection (c); or CommentsClose CommentsPermalink





(2) the effective date contained in the voluntary standard. CommentsClose CommentsPermalink





(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 specifyconsiders appropriate), 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. CommentsClose CommentsPermalink





(f) Future Rulemaking- Notwithstanding any other provision of this Act, tThe 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 withsection 553 of title 5, United States Code, to reducemodify 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). CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink

Passed the House of Representatives September 19, 2012.

Attest:

KAREN L. HAAS,

Clerk.

Attest: CommentsClose CommentsPermalink