[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1977 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1977
To require the Consumer Product Safety Commission to study drywall
imported from China in 2004 through 2007, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Mr. Wexler introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Consumer Product Safety Commission to study drywall
imported from China in 2004 through 2007, 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 2009''.
SEC. 2. CPSC STUDY OF CERTAIN IMPORTED CHINESE DRYWALL.
(a) In General.--
(1) Study.--Within 120 days after the date of enactment of
this Act, the Consumer Product Safety Commission, working in
conjunction with the National Institute for Standards and
Technology and the Environmental Protection Agency, shall
initiate and conclude a study of the material and chemical
composition of at least 10 samples of drywall that was--
(A) imported from China during the period 2004
through 2007; and
(B) used in residential dwellings in the United
States.
(2) Specific state samples.--The Commission shall include
at least 1 sample of drywall from residences located in
Florida, Louisiana, Mississippi, Texas, and Virginia.
(b) Contents.--The study shall include an analysis of--
(1) the chemical and organic composition of the drywall
samples, using the most sophisticated testing capabilities
available;
(2) the effect of these chemicals and organic compounds (or
the gasses or other emissions emanating from the drywall) on
metal wiring, air conditioning and heating units, and other
metal fixtures commonly found in those residences; and
(3) any health or environmental impacts that may result
from exposure to the chemicals or compounds found in the
drywall.
(c) Report.--The Commission shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce containing its
findings, conclusions, and recommendations.
SEC. 3. CONSUMER PRODUCT SAFETY STANDARD PROCEEDING.
Within 180 days after the date of enactment of this Act, the
Commission shall initiate a proceeding to determine whether a consumer
product safety standard regulating the composition of materials used in
drywall is necessary to protect the health and safety of residential
homeowners.
SEC. 4. INTERIM BAN ON DRYWALL EXCEEDING FIVE PERCENT ORGANIC
COMPOUNDS.
(a) In General.--Within 30 days after the date of enactment of this
Act, the Commission shall--
(1) designate drywall containing over 5 percent organic
compounds by weight as a product with a product defect which
constitutes a substantial product hazard (within the meaning of
section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C.
2064(a)(2))); and
(2) issue an order under section 15(c)(1)(A) and (B) (15
U.S.C. 2064(c)(1)(A) and (B)) to manufacturers, distributors,
and retailers of such drywall.
(b) Duration of Ban.--The rule and order issued under subsection
(a) of this section shall remain in effect until--
(1) the date on which the Commission publishes a
determination, pursuant to the proceeding initiated under
section 3, that a consumer product safety standard regulating
the composition of materials used in drywall is not necessary
to protect the health and safety of residential homeowners; or
(2) if the Commission determines that such a consumer
product safety standard is necessary, the date on which such a
standard takes effect.
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