[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3561 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3561
To require owners of covered federally assisted rental dwelling units
to install temperature sensors in such units, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2022
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require owners of covered federally assisted rental dwelling units
to install temperature sensors in such units, 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 ``Housing Temperature Safety Act of
2022''.
SEC. 2. TEMPERATURE SENSORS.
(a) Definitions.--In this Act:
(1) Assistance.--The term ``assistance''--
(A) means any grant, loan, subsidy, contract,
cooperative agreement, or other form of financial
assistance; and
(B) does not include the insurance or guarantee of
a loan, mortgage, or pool of loans or mortgages.
(2) Covered federally assisted rental dwelling unit.--The
term ``covered federally assisted rental dwelling unit'' means
a residential dwelling unit that is made available for rental
and for which assistance is provided, or that is part of a
housing project for which assistance is provided, under--
(A) the public housing program under the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
(B) the programs for rental assistance under
section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), including--
(i) the program for project-based rental
assistance; and
(ii) the program for tenant-based rental
assistance;
(C) the AIDS Housing Opportunities program under
subtitle D of title VIII of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12901 et
seq.);
(D) the program for supportive housing for the
elderly under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q);
(E) the program for supportive housing for persons
with disabilities under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013); or
(F) the programs under sections 514, 515, and 516
of the Housing Act of 1949 (42 U.S.C. 1484, 1485,
1486).
(3) Owner.--The term ``owner'' means, with respect to a
covered federally assisted rental dwelling unit, any private
person or entity, including a cooperative, an agency of the
Federal Government, or a public housing agency, having the
legal right to lease or sublease the dwelling unit.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) Temperature sensor.--The term ``temperature sensor''
means an internet capable temperature reporting device able to
track the ambient air temperature to the tenth degree
Fahrenheit and Celsius.
(b) Installation and Maintenance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each owner of a covered federally
assisted rental dwelling unit shall ensure that each
temperature sensor in the covered federally assisted rental
dwelling unit is installed and maintained in accordance with
the rule issued by the Secretary under paragraph (2) on each
level of the covered federally assisted rental dwelling unit.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue a rule that
establishes standards and requirements for the installation and
maintenance of temperature sensors in covered federally
assisted rental dwelling units.
(c) Data Reporting.--
(1) In general.--Each owner of a covered federally assisted
rental dwelling unit shall, 6 times each day, collect data from
temperature sensors installed pursuant to subsection (b), which
shall include--
(A) the temperature recorded during each
temperature reading; and
(B) the time and date of each temperature reading.
(2) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish guidance
with respect to--
(A) the collection of temperature sensor data by
owners of covered federally assisted rental dwelling
units, including the protection of personally
identifiable information;
(B) the retention of the data described in
subparagraph (A) by owners of covered federally
assisted rental dwelling units for not less than 2
years; and
(C) the reporting of the data described in
subparagraph (A) to the Secretary unless a tenant of
the covered federally assisted dwelling unit has opted
out of having that data reported by the owner to the
Secretary.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, and each year thereafter, the Secretary shall submit to
Congress a report that--
(1) describes the status of the implementation of
subsection (b), and includes--
(A) the percentage of covered federally assisted
dwelling units without a temperature sensor pursuant to
subsection (b);
(B) the percentage of temperature sensors that have
been installed by owners of covered federally assisted
dwelling units; and
(C) the number of fatalities that occurred due to
fire, hypothermia, heat exhaustion, and other
temperature-related causes in covered federally
assisted dwelling units and whether a temperature
sensor was present in the dwelling unit; and
(2) discloses the results of data collection instituted by
the Secretary before the date of enactment of this Act to
determine the prevalence of temperature sensors in covered
federally assisted dwelling units.
(e) Relation to State Law.--
(1) Rule of construction.--Nothing in this section shall be
construed to annul, alter, or affect, or exempt any person
subject to the provisions of this section from complying with,
the laws of any State with respect to installing or maintaining
temperature sensors, except to the extent that those laws are
inconsistent with any provision of this section, and then only
to the extent of the inconsistency.
(2) Determination of inconsistencies.--The Secretary is
authorized to determine whether the inconsistencies described
in paragraph (1) exist and may not determine that any State law
is inconsistent with any provision of this section if the
Secretary determines that the State law provides for greater
protection or safety.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this Act.
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