[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4442 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4442

   To require qualifying smoke alarms in certain federally assisted 
                    housing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2022

   Mr. Casey introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   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 
                                        nonrechargeable, 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 
                                nonrechargeable, 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 
                                        nonrechargeable, 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 
                                        nonrechargeable, 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 
                                        nonrechargeable, 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 
                                nonrechargeable, 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 
                                nonrechargeable, 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 
                                nonrechargeable, 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:
            ``(4) 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
            ``(5) 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 nonrechargeable, 
                        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 2023.
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