On Wednesday, September 19, 2012, the House is scheduled to consider H.R. 4212, the Contaminated Drywall Safety Act of 2012, under a suspension of the rules requiring a two-thirds majority vote for approval.  The bill was introduced on March 19, 2012, by Rep. Scott Rigell (R-VA) and referred to the Committee on Energy and Commerce. 

H.R. 4212 would express the sense of Congress that the Secretary of State should insist on the following:

1. China, which has ownership interests in the companies that manufactured and exported contaminated drywall to the United States, have the companies meet with U.S. government representatives about remedying affected homeowners; and
2. Such companies comply with any related U.S. court decisions.

The bill would treat contaminated drywall as a banned hazardous substance under the Federal Hazardous Substances Act and as an imminent hazard under the Consumer Product Safety Act.  H.R. 4212 would also direct the Consumer Product Safety Commission to promulgate rules for: (1) the exemption of certain drywall determined to be non-hazardous, and (2) the identification and disposal of contaminated drywall.

Finally, the bill would subject a person who fails to comply with the requirements of this Act to specified penalties under the Federal Hazardous Substances Act.

According to the sponsor’s office, contaminated Chinese-manufactured drywall was imported and used in home construction from approximately 2001-2009.  Scientific studies have shown this drywall to cause a corrosive environment for fire alarm systems, electrical distribution systems, gas piping, and refrigeration coils.  The Consumer Product Safety Commission (CPSC) has received reports of contaminated Chinese drywall in more than 3,991 homes in 43 states, the District of Columbia, American Samoa, and Puerto Rico.  The Chinese manufacturers, some of which are state owned, have refused to submit to the jurisdiction of U.S. courts.  Furthermore, reports from homeowners indicate that some contaminated drywall may be entering the recycling stream for use in new home construction or renovation.

The Congressional Budget Office (CBO) has not produced an estimate for H.R. 4212.