Drywall Safety Act of 2012

Mr. Speaker, I yield myself such time as I may consume.

I rise to speak about the amended version of H.R. 4212, the Drywall Safety Act of 2012 returned to this Chamber by the Senate.

The House approved its own version of H.R. 4212 this past September by a voice vote. That version was the result of bipartisan negotiations that involved the sponsors of this bill, Mr. Rigell of Virginia and Mr. Deutch of Florida, along with the leadership from both sides of the aisle of the Energy and Commerce Committee and its Subcommittee on Commerce, Manufacturing, and Trade.

I believe the House produced a good bill that met Mr. Rigell's and Mr. Deutch's goal of getting the U.S. Government to take action regarding a problematic drywall situation.

The Senate version we are considering today retains significant portions of the House language, so I intend to vote in favor of what the Senate has sent back to us. Just like the previously approved House version, this Senate version requires that all new drywall be marked with a permanent label that can be used to identify who manufactured a particular sheet of drywall and when it was manufactured.

A major problem many homeowners experienced was that they didn't know who made the drywall in their homes or when it was made. The labeling requirement should make it easier to pin down exactly who is responsible for producing any given sheet of drywall.

In addition, just like the previously approved House version, the Senate version requires all drywall used in the United States to be subject to a sulfur content limit. After extensive investigation by the CPSC, sulfur was the element found to be associated with the awful odor and metal corrosion homeowners were experiencing.

The Senate version specifies the American Society for Testing and Metals, or ASTM, international standard for gypsum board labeling as the labeling standard that must be complied with. The House version did not pick a particular voluntary standard.

Instead, CPSC would have specified the industry-generated voluntary standard to be complied with or, failing that, write its own rule on the matter. The Senate version also specifically grants responsibility for the standard on sulfur content to an ASTM committee. Both of these changes are made because one trade association believed that, under the House version, the CPSC could rely on a voluntary standard that was not developed through a process with safeguards for due process, the airing of diverse views, and consensus decisionmaking. There's not one instance that anyone can point to where the CPSC has relied on a voluntary industry standard that was not produced through a process that involved due process, the airing of diverse views, and consensus decisionmaking.

In addition to referencing the ASTM voluntary standard-setting body twice, the Senate tweaked the future rulemaking section. The House granted CPSC authority to ``reduce'' the sulfur content limit or set limits regarding the composition or characteristics of drywall that are reasonably necessary to protect public health or safety. We granted this authority in case later down the road it becomes apparent that there are other problems associated with drywall that we have not yet identified. The Senate's version replaces the word ``reduce'' with ``modify,'' so the CPSC has the authority to modify the sulfur content limit. The word ``modify'' encompasses reducing the limit, so we are willing to live with this change.

I continue to support this bill despite these changes, because the time to act has long past. As far back as late 2008, consumers have complained about homes that smelled like rotten eggs, health concerns that included irritated and itchy eyes and skin, breathing problems, asthma attacks, persistent coughs, bloody and running noses, and recurring headaches. Complaints also included reports of blackened and corroded metal components in the home. The CPSC received nearly 4,000 such complaints from residents in 43 States who believed these conditions related to the presence of Chinese drywall in their homes. Most of these complaints were concentrated in the South, where there was a construction boom in 2006 and 2007 due to hurricanes in 2004 and 2005.

To help bring some relief to these homeowners and to reduce the chance of something like this ever happening again, this legislation does a few other things in addition to the labeling and sulfur content requirements:

It asks the Secretary of Commerce to engage the Chinese Government to prod those companies that exported problematic drywall to the United States--some of which are partly owned by the Chinese Government--to meet with U.S. officials about providing some sort of remedy to homeowners affected by this defective product;

The bill also asks the Secretary of Commerce to engage the Chinese Government to try to get the government to direct these companies to submit to the jurisdiction of our courts and comply with judgments that have been entered against them;

It also calls on the CPSC to revise guidance it published on the removal of

problematic drywall from homes to specify that this drywall should not be reused or put back into the drywall production stream. Once this drywall is removed from one home, we need to make sure it does not end up in another.

Despite issues with why H.R. 4212 is back here on the House floor, the Democratic leadership of the Energy and Commerce Committee and its Subcommittee on Commerce, Manufacturing, and Trade, and I along with them, support this bill and urge my colleagues to do the same.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. Speaker, I would be prepared to reserve my time if my friend, Mr. Rigell, would like to speak first.

Mr. Speaker, I yield myself such time as I may consume.

I rise in strong support of this amended form of H.R. 4212, the Contaminated Drywall Safety Act of 2012.

My friend Mr. Rigell is correct: when we have an opportunity to do something for the families in America who are really suffering and when we can do it in a commonsense and bipartisan way, we have every responsibility to take that action. That's what this bill is about, and that's what this evening is about.

In the wake of the 2005 and 2006 hurricane seasons, a domestic shortage of drywall developed in our country, drywall for rebuilding homes and businesses. To make up for this shortage, builders began importing several million tons of drywall from China; but it was not until 2009 that reports started

to surface that, unbeknownst to the builders or to the consumers, much of the drywall coming from China emitted high levels of corrosive sulfur.

Currently, thousands of homeowners in 42 States, as well as in the District of Columbia, Puerto Rico and American Samoa, have been enduring an emergency situation in which contaminated drywall from China has been causing ever worsening destruction and damage to their homes. It has also caused serious health problems for the families living in those homes. Like my friend from Virginia, in having the opportunity to visit with families and listen to them share their stories about the illnesses that come one after another after another to their children, ultimately forcing them to move from their homes, one can't be helped but be moved to action.

The problematic drywall corrodes copper piping and wiring in homes, which causes the failure of air-conditioning systems, telecommunications wiring, wiring for lighting and other household appliances. Such corrosion poses both potential fire and safety hazards in homes, and it causes undue financial hardship for homeowners who are constantly forced to repair or replace essential appliances.

The damage to the housing structures and the detrimental health impact on family members caused by contaminated Chinese drywall renders many of these homes simply uninhabitable. Such a situation forces some families to find alternate housing while also having to maintain the mortgages on their homes that are uninhabitable. In these difficult economic times, tremendous strain is being placed on limited family finances to constantly replace or make repairs to essential home appliances or to pay for other housing options while maintaining that mortgage on an uninhabitable home with Chinese drywall. These families have been and are in desperate need of assistance.

This bill seeks to provide assistance to homeowners who have contaminated drywall in their homes and to prevent contaminated drywall from entering the country in the future.

Our bill will assist homeowners who are victims of this problematic Chinese drywall by urging the Secretary of Commerce to insist that the Chinese Government facilitate a meeting between the companies that manufacture the contaminated drywall and the representatives of the U.S. Government to help remedy homeowners who have the contaminated drywall in their homes. In addition, the bill urges the Secretary of Commerce to insist that the Chinese Government direct the companies that manufactured this contaminated drywall and exported it to this country to submit to the jurisdiction of the United States Federal courts and to comply with any decisions issued by those courts on behalf of the homeowners with this contaminated drywall.

The bill will ensure that similar problematic drywall is not imported into this country in the future. It would require that each sheet of drywall that is imported for use in the U.S. be labeled with the name of the manufacturer and the month and year of manufacture. In addition, the bill requires that the Consumer Product Safety Commission ensure that future drywall manufactured or imported for use in the U.S. contain sulfur limits that do not cause elevated rates of corrosion in the home. The bill also requires the CPSC to revise their remediation guidance for homes with contaminated drywall to include a provision that contaminated drywall removed from homes should not be used in the production of new drywall.

This bill is a product of bipartisan negotiations, and it demonstrates how this House works best when both sides work together to get something done for the American people.

I really do want to express my sincere appreciation to my cochair of the Congressional Contaminated Drywall Caucus, Congressman Rigell, for all of his hard work and leadership on this issue.

I also want to thank the Energy and Commerce Committee, particularly Chairman Upton and Chairwoman Bono Mack, for their help as well as the help of Ranking Member Waxman and of the ranking member on the subcommittee, Congressman Butterfield.

I would also like to thank Congresswoman and Chair Ileana Ros- Lehtinen from the Foreign Affairs Committee for all of her hard work, together with that of Ranking Member Berman, in the commitment to finding a compromise to permit this bill to move forward.

Finally, I would like to recognize my friend Congressman Mario Diaz- Balart for his tireless work on this issue from the time the first reports of contaminated drywall surfaced and for providing much-needed assistance to those victims of contaminated Chinese drywall.

For all of these reasons and for all of the people who have been affected, I urge my colleagues this evening to support the passage of

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4212) to designate drywall manufactured in China a banned hazardous product, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous materials in the Record on H.R. 4212.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, as chairman of the House Subcommittee on Commerce, Manufacturing and Trade, which has jurisdiction over the Consumer Product Safety Commission, I rise today in strong support of H.R. 4212, an important bipartisan bill to help the Federal Government fight the problem of defective and potentially hazardous Chinese drywall.

I would like to thank my colleague, Mr. Rigell of Virginia, for all of his hard and thoughtful work on this important legislation.

Today, if something smells rotten in your home or in your business, Chinese drywall may be to blame. Scientific laboratory tests have identified emissions from some of this drywall to include sulfurous gases such as hydrogen sulfide, which leaves a stench muck like rotten eggs.

It's time to address this widespread problem, which exploded across our landscape after Hurricane Katrina. By some estimates, enough suspect Chinese drywall has entered the U.S. since 2006 to build more than 60,000 American homes, many of which are located in the southeastern U.S.

But here's the problem. The emissions from contaminated drywall worsen as the temperature and the humidity rise, causing copper surfaces, including pipes, wiring, and air conditioning coils to become blackened and corroded. As a result, many people have complained about respiratory problems such as chronic coughing, asthma attacks, and difficulty in breathing, and that's in addition to headaches and sinus issues.

Most of the companies which made this bad drywall are owned, at least in part, by the Chinese Government, and they have steadfastly refused to appear in American courts or to cooperate with the Federal Government's ongoing safety investigation.

In some cases, U.S. builders, to their credit, have stepped up on their own to remediate the problem, but thousands of others have had to sue or simply eat the costs of replacing this drywall.

H.R. 4212 is one way to help prevent this problem from happening again in the future.

But, at the same time, we're also trying to help people who've already been impacted. This bill directs the Secretary of Commerce to work with the Chinese Government in coming up with a fair solution to settle outstanding claims.

In addition, H.R. 4212 requires labeling of all drywall with the name of the manufacturer and the date of its manufacture. In the past, the lack of this critically important information has been a real problem because homeowners couldn't tell, in many cases, which company manufactured that bad drywall.

And finally, this legislation requires the Consumer Product Safety Commission to promulgate an important new standard to limit the sulfur content of drywall, unless industry comes up with an acceptable voluntary standard first.

Mr. Speaker, science has spoken. This isn't a case of we think we have a problem. Today, we know we have a problem. China chooses to ignore it, but America chooses to do something about it.

I strongly urge the adoption of this bill, and I reserve the balance of my time.

U.S. House of Representatives,

Committee on Foreign Affairs,

Washington, DC, October 5, 2011.

Hon. Fred Upton,

Chairman, Committee on Energy and Commerce, Washington, DC.

Dear Chairman Upton: Thank you for your consultation with

the Foreign Affairs Committee on the amended text of H.R.

4212, the Drywall Safety Act of 2012, given the referral of

that bill to our Committee.

I am writing to confirm the agreement of the Foreign

Affairs Committee to be discharged from consideration of H.R.

4214 in order to expedite its consideration on the House

floor. In agreeing to waive consideration of that bill, this

Committee does not waive any jurisdiction that it has over

provisions in that bill or any other matter. This also does

not constitute a waiver of the participation of the Committee

of Foreign Affairs in any conference on this bill. I ask that

you include a copy of this letter and your response in the

Congressional Record during floor consideration of the bill.

Thank you again for your consideration and collegiality in

this matter.

Cordially,

Ileana Ros-Lehtinen,

Chairman.

Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from Virginia (Mr. Rigell), my colleague and the author of this bill, a very hard worker.

As I have no further requests for time, in closing I just want to make one very important point here--and I think it's a great point to make right now--which is that Republicans and Democrats are united on this very important health and safety issue. ``Made in China'' is stamped on everything from kids' toys to consumer electronics, so let's just make sure it is stamped on our drywall, too. Let's also make sure that this is a safe product, that it's environmentally friendly, and that someone stands behind it.

I applaud Mr. Rigell for his hard work, and I thank Mr. Deutch very much for bringing it to our attention and for working with our committee. I, too, thank the staffs of the subcommittee and the full committee for all of their hard work over these past many days.

With that, Mr. Speaker, I am going to ask that my colleagues support H.R. 4212, and I yield back the balance of my time.

I thank the gentlelady for yielding, and I thank my colleagues for being here tonight to support a really great and much- needed piece of legislation.

I do rise in strong support of the Drywall Safety Act of 2012. This truly is a bill about protecting the American family, both their physical health and their financial health.

Mr. Speaker, this is about doing what is right to address a terrible injustice that has fallen upon so many families, many of whom live in the Second Congressional District of Virginia, and thousands across our country. These are families that are reeling financially, and also their health has been damaged because of drywall that was manufactured in a defective manner in China and then shipped to the United States and installed in homes across our great land.

They're our friends and neighbors, hardworking folks who saved, bought homes, and were living the American Dream, or really, so they thought. And their dream, Mr. Speaker, so often has turned into a true nightmare. Their children have developed just bloody noses and respiratory ailments.

Mr. Speaker, I've met with these families. It's really heartbreaking. They're having to pay for their current home, which is uninhabitable, and then go out and rent or maybe attempt to buy another home. It's a type of financial stress that so many of the families have been unable to adjust to. And many of them, so many of whom I've met with, have ended up having to file financial bankruptcy.

So I appreciate the leadership of the chairwoman this evening and my friend and colleague, Representative Deutch, a cochairman with me on the Contaminated Drywall Caucus. We've advanced, we believe, a sound piece of legislation, bipartisan, that really addresses this problem. It doesn't, and we don't portend that it fixes everything, but it is a major and significant step forward.

These families, the only thing they have left is, I think, hope that we'll do the right thing here tonight. It's been over 4 years that these families have been hurting. You know, they looked first to the lender, to the importers of the drywall, to the insurers. They didn't find any real relief there.

Some of the banks, to their credit, have given some consideration, but it's not enough. We've got to act tonight in this House, and I trust that we will.

The bill takes China to task directly for failing to require their state-owned manufacturers to compensate the victims of their contaminated products. It expresses the undivided sense of Congress that the Government of China needs to make right and ensure that those who have lost so much are made whole.

As the chairwoman pointed out, clear labeling requirements are incorporated into the legislation; and by limiting the amount of elemental sulfur allowed in the drywall, it will ensure that drywall that is defective is not imported into this country. As a lighter, smarter regulation advocate, I am delighted that we have gone the route of voluntary standards. If we can go that direction, that's our preferred way above the regulatory approach. So we set up the industry, itself, to advance by setting industry standards that will apply as well to foreign manufactured drywall products, and we will protect our homeowners that way.

In closing, I just want to express again my sincere appreciation to all of those who have made it possible for us to bring the bill to the floor, and I trust and hope that we will pass it by unanimous consent tonight.

I particularly want to thank my friend and colleague from Florida, Representative Deutch, for his leadership in serving as the cochairman of our caucus.

You've just been terrific, and your staff has been terrific.

I also want to thank the majority and minority members and the staffs on the Energy and Commerce Committee who worked so hard to navigate a lot of challenges to get this bill to the floor.

Mr. Speaker, this is commonsense legislation. It is much needed. I know these families and they are hurting. I trust and encourage my colleagues to do the right thing tonight--to advance this bill and to support it.

I thank Chairman Terry very much for yielding and my friend and colleague, the gentlelady from New York, for your support of this good bill.

Mr. Speaker, I rise in strong support of the Drywall Safety Act of 2012, as amended. I urge my colleagues to vote ``yes'' on really what is much-needed and commonsense legislation that's going to come before the House tonight.

For nearly 4 years, families across the country have suffered from the harmful effects of defective Chinese-manufactured drywall. They're friends and neighbors, and they're families, Mr. Speaker, who worked hard and saved and really set out for that classic American Dream to own their own home or to finish their retirement years in a home, and yet that dream turned into a literal nightmare when their home was filled with a mysterious and foul rotten egg type of odor. I've been in these homes. It completely makes the home uninhabitable. It takes all the copper wiring in the home and basically turns it into black soot. They have to replace the compressors on the air conditioners. And even worse is that their health deteriorates.

They turn first to the builders. The builders are not covered by their insurance. Some were able to help out the homeowners and renovate the home on their own, but many are not able to do that, and some builders have gone out of business. They turned then to the manufacturer of the contaminated drywall in China, but really have no recourse there. It's a profoundly sad situation where Americans, through no fault of their own, are experiencing bankruptcy and terrible financial problems.

But tonight we have an opportunity to do what's right and to stand with our friends and neighbors and pass this legislation. It will hold China responsible in no uncertain terms for failing to require their manufacturers to rightly compensate Americans who have been damaged and victimized by those contaminated products.

We express the undivided sense of Congress, Republicans and Democrats working together, that we're going to make sure that China is held accountable for what they've done here. It requires labeling on all the drywall products to make sure that we can find out who's responsible for the manufacturer of each and every piece of drywall that's manufactured; it will limit the amount of sulfur in the drywall, which was the cause of all of this; and, as has been pointed out by my colleague from New York, it's a voluntary standard as opposed to just more massive government intervention. I think that's the right path to go.

So I thank my friends and colleagues from both sides of the aisle for making this possible. The underlying legislation passed the House unanimously in September. The amendment that has been made, I think, is very modest. I especially want to thank my friend and colleague from Florida, Mr. Deutch, for working with me as cochair of the Chinese Drywall Caucus. I thank the chairman for yielding and for your support on this piece of legislation.