Following is text of the letter sent from Senators Collins and Daniel Inouye and Thad Cochran, Chairman and Ranking Member of the Senate Appropriations Committee, and Dick Durbin, Chairman of the Subcommittee on Financial Services and General Government:
The Honorable Thomas Moore The Honorable Nancy A. Nord
Acting Chairman Commissioner
U.S. Consumer Product Safety Commission U.S. Consumer Product Safety Commission
4330 East West Highway 4330 East West Highway
Bethesda, MD 20814 Bethesda, MD 20814
Dear Acting Chairman Moore and Commissioner Nord:
Since 2006, more than 550 million pounds of drywall have been imported from the People's Republic of China. On May 21, 2009, the Commission's Director of the Division of Health Sciences testified that since December 22, 2008, the Commission has received over 320 complaints about problems associated with drywall from China. The Director stated that these complaints include: structural effects on homes, such as metal corrosion in air conditioning units, copper pipes and electrical wiring; as well as health effects on homeowners, such as unexplained nosebleeds, insomnia, skin irritation and asthma. These complaints have been lodged by homeowners in 16 states and the District of Columbia.
We understand that you are currently leading a coordinated, comprehensive, and multi-faceted federal investigation of imported drywall products. Among other activities, the Commission is examining the potential health effects of the drywall, probing electrical and fire safety issues, and tracing the origin and distribution of the drywall products. While the Committee appreciates the work that the Commission has undertaken with the other federal agencies in responding to this problem, we are troubled that you are considering delaying key aspects of the investigation, including the completion of the testing program. Therefore, we expect you to use approximately $2,000,000 of funds made available for fiscal year 2009 to carry out the necessary health and safety testing of imported drywall.
The Committee is well aware of the increased demands placed on the Commission in recent years, particularly the responsibilities imposed under the Consumer Product Safety Improvement Act of 2008 and the Virginia Graeme Baker Pool and Spa Safety Act. Commensurate with those new responsibilities, Congress provided the Commission with a 32 percent funding increase for fiscal year 2009. Moreover, the Commission has received a 68 percent funding increase since fiscal year 2007. The Committee believes that Congress has provided you with adequate resources to implement recent mandates and to carry out the Chinese drywall investigation without delay.
Given the importance and urgency of addressing the current health and safety impacts associated with drywall imports, the Committee directs the Commission to use existing appropriations to expedite its investigation and testing. We understand that the estimated cost of conducting the required tests and associated expenses is approximately $2,000,000. Of this amount, CPSC should spend $100,000 to carry out a campaign to educate and respond to concerns from the general public about the health and environmental impacts of defective drywall products.
We request that you provide the Senate Committee on Appropriations with a detailed progress report specifying the status and findings to date of the investigation conducted on imported drywall. Please provide a copy of that report to the Senate Committee on Commerce, Science, and Transportation. We expect this report no later than 30 days from the date of this letter. Please submit subsequent monthly progress reports to both the Senate Committee on Appropriations and the Senate Committee on Commerce, Science, and Transportation. When definitive results are known, please submit to both Committees a final report summarizing your conclusions and recommended actions to be taken.
As the investigation unfolds and you learn about what additional steps may need to be taken, the Committee will evaluate the Commission's funding needs, particularly with regard to fiscal year 2010.
We look forward to learning about your efforts to analyze the drywall problem. By promptly completing this critical investigation, the Commission will be able to more effectively lead the federal response. Your investigation is paramount in preventing other American households from experiencing similar risks to their dwellings and health.
Thank you for your prompt response.
Sincerely,
Daniel K. Inouye Thad Cochran
Chairman Ranking Member
Committee on Appropriations Committee on Appropriations
Richard J. Durbin Susan M. Collins
Chairman Ranking Member
Subcommittee on Financial Services Subcommittee on Financial Services
and General Government and General Government