[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7981 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 7981
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To require qualifying smoke alarms in certain federally assisted
housing, 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 ``Public and Federally Assisted
Housing Fire Safety Act of 2022''.
SEC. 2. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
(a) Public Housing, Tenant-Based Assistance, and Project-Based
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
``(9) Qualifying smoke alarms.--
``(A) In general.--Each public housing agency shall
ensure that a qualifying smoke alarm is installed in
accordance with applicable codes and standards
published by the International Code Council or the
National Fire Protection Association and the
requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in any
dwelling unit in public housing owned or operated by
the public housing agency, including in basements but
excepting crawl spaces and unfinished attics, and in
each common area in a project containing such a
dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph is--
``(aa) hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper
resistant;
``(CC) contains
silencing means; and
``(DD) provides
notification for
persons with hearing
loss as required by the
National Fire
Protection Association
Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''; and
(2) in section 8 (42 U.S.C. 1437f)--
(A) by inserting after subsection (k) the
following:
``(l) Qualifying Smoke Alarms.--
``(1) In general.--Each owner of a dwelling unit receiving
project-based assistance under this section shall ensure that
qualifying smoke alarms are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this paragraph
and not substantially rehabilitated after the
date of enactment of this paragraph is--
``(I) hardwired; or
``(II) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(aa) is sealed;
``(bb) is tamper resistant;
``(cc) contains silencing
means; and
``(dd) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this paragraph, is
hardwired.''; and
(B) in subsection (o), by adding at the end the
following:
``(22) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit receiving
tenant-based assistance or project-based assistance
under this subsection shall have a qualifying smoke
alarm installed in accordance with applicable codes and
standards published by the International Code Council
or the National Fire Protection Association and the
requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph is--
``(aa) hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper
resistant;
``(CC) contains
silencing means; and
``(DD) provides
notification for
persons with hearing
loss as required by the
National Fire
Protection Association
Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(b) Supportive Housing for the Elderly.--Section 202(j) of the
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the
end the following:
``(10) Qualifying smoke alarms.--
``(A) In general.--Each owner of a dwelling unit
assisted under this section shall ensure that
qualifying smoke alarms are installed in accordance
with the requirements of applicable codes and standards
and the National Fire Protection Association Standard
72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit,
including in basements but excepting crawl spaces and
unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph is--
``(aa) hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper
resistant;
``(CC) contains
silencing means; and
``(DD) provides
notification for
persons with hearing
loss as required by the
National Fire
Protection Association
Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(c) Supportive Housing for Persons With Disabilities.--Section
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(j)) is amended by adding at the end the following:
``(8) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit assisted
under this section shall contain qualifying smoke
alarms that are installed in accordance with applicable
codes and standards published by the International Code
Council or the National Fire Protection Association and
the requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph is--
``(aa) hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper
resistant;
``(CC) contains
silencing means; and
``(DD) provides
notification for
persons with hearing
loss as required by the
National Fire
Protection Association
Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(d) Housing Opportunities for Persons With AIDS.--Section 856 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905)
is amended by adding at the end the following new subsection:
``(j) Qualifying Smoke Alarms.--
``(1) In general.--Each dwelling unit assisted under this
subtitle shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published by the International Code Council or the National
Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but
excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this subsection
and not substantially rehabilitated after the
date of enactment of this subsection is--
``(I) hardwired; or
``(II) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(aa) is sealed;
``(bb) is tamper resistant;
``(cc) contains silencing
means; and
``(dd) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this subsection, is
hardwired.''.
(e) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) is amended--
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
``(k) Qualifying Smoke Alarms.--
``(1) In general.--Housing and related facilities
constructed with loans under this section shall contain
qualifying smoke alarms that are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this subsection
and not substantially rehabilitated after the
date enactment of this subsection is--
``(I) hardwired; or
``(II) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(aa) is sealed;
``(bb) is tamper resistant;
``(cc) contains silencing
means; and
``(dd) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this subsection, is
hardwired.''; and
(2) in section 515(m) (42 U.S.C. 1485(m)) by adding at the
end the following:
``(3) Qualifying Smoke Alarms.--
``(A) In general.--Housing and related facilities
rehabilitated or repaired with amounts received under a loan
made or insured under this section shall contain qualifying
smoke alarms that are installed in accordance with applicable
codes and standards published by the International Code Council
or the National Fire Protection Association and the
requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built
before the date of enactment of this paragraph
and not substantially rehabilitated after the
date of enactment of this paragraph is--
``(aa) hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(AA) is sealed;
``(BB) is tamper resistant;
``(CC) contains silencing
means; and
``(DD) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this paragraph, is
hardwired.''.
(f) Farm Labor Housing Direct Loans & Grants.--Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that such housing shall contain qualifying smoke
alarms that are installed in accordance with applicable codes
and standards published by the International Code Council or
the National Fire Protection Association and the requirements
of the National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but
excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.'';
and
(2) in subsection (g)--
(A) in paragraph (3) by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(5) the term `smoke alarm' has the meaning given the term
`smoke detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2225(d)); and
``(6) the term `qualifying smoke alarm' means a smoke alarm
that--
``(A) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph is--
``(i) hardwired; or
``(ii) uses 10-year non rechargeable,
nonreplaceable primary batteries and--
``(I) is sealed;
``(II) is tamper resistant;
``(III) contains silencing means;
and
``(IV) provides notification for
persons with hearing loss as required
by the National Fire Protection
Association Standard 72, or any
successor standard; or
``(B) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the amendments made by this section such sums
as are necessary for each of fiscal years 2023 through 2027.
(h) Effective Date.--The amendments made by subsections (a) through
(f) shall take effect on the date that is 2 years after the date of
enactment of this Act.
(i) No Preemption.--Nothing in the amendments made by this section
shall be construed to preempt or limit the applicability of any State
or local law relating to the installation and maintenance of smoke
alarms in housing that requires standards that are more stringent than
the standards described in the amendments made by this section.
SEC. 3. FIRE SAFETY EDUCATIONAL PROGRAM.
(a) In General.--The Secretary of Housing and Urban Development
shall, not later than 1 year after the date of enactment of this Act,
complete a national educational campaign that educates the general
public about health and safety requirements in housing and how to
properly use safety features in housing, including self-closing doors,
smoke alarms, and carbon monoxide detectors.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Housing and Urban Development to carry
out this section, $2,000,000 for fiscal year 2024.
Passed the House of Representatives July 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.