[Congressional Record Volume 153, Number 166 (Tuesday, October 30, 2007)]
[House]
[Pages H12189-H12191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CJ'S HOME PROTECTION ACT OF 2007
Mr. DONNELLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2787) to amend the National Manufactured Housing
Construction and Safety Standards Act of 1974 to require that weather
radios be installed in all manufactured homes manufactured or sold in
the United States, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2787
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 ``CJ's Home Protection Act of
2007''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) nearly 20,000,000 Americans live in manufactured homes,
which often provide a more accessible and affordable way for
many families to buy their own homes;
(2) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(3) NOAA Weather Radio (NWR) is a nationwide network of
radio stations broadcasting continuous weather information
directly from a nearby National Weather Service (NWS) office,
and broadcasts NWS warnings, watches, forecasts, and other
all-hazard information 24 hours a day;
(4) the operators of manufactured housing communities
should be encouraged to provide a safe place of shelter for
community residents or a plan for the evacuation of community
residents to a safe place of shelter within a reasonable
distance of the community for use by community residents in
times of severe weather, including tornados and high winds,
and local municipalities should be encouraged to require
approval of these plans;
(5) the operators of manufactured housing communities
should be encouraged to provide a written reminder
semiannually to all owners of manufactured homes in the
manufactured housing community to replace the batteries in
their weather radios; and
(6) weather radio manufacturers should include, in the
packaging of weather radios, a written reminder to replace
the batteries twice each year and written instructions on how
to do so.
SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY
STANDARD.
Section 604 of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C.
5403) is amended by adding at the end the following new
subsection:
``(i) Weather Radios.--
``(1) Construction and safety standard.--The Federal
manufactured home construction and safety standards
established by the Secretary under this section shall require
that each manufactured home delivered for sale shall be
supplied with a weather radio inside the manufactured home
that--
``(A) is capable of broadcasting emergency information
relating to local weather conditions;
``(B) is equipped with a tone alarm;
``(C) is equipped with Specific Alert Message Encoding, or
SAME technology; and
``(D) complies with Consumer Electronics Association (CEA)
Standard 2009-A (or current revision thereof) Performance
Specification for Public Alert Receivers.
``(2) Liability protections.--No aspect of the function,
operation, performance, capabilities, or utilization of the
weather radio required under this subsection, or any
instructions related thereto, shall be subject to the
requirements of section 613 or 615 or any regulations
promulgated by the Secretary pursuant to the authority under
such sections.''.
SEC. 4. ESTABLISHMENT.
Not later than the expiration of the 90-day period
beginning on the date of the enactment of this Act, the
consensus committee established pursuant to section 604(a)(3)
of the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5304(a)(3)) shall develop
and submit to the Secretary of Housing and Urban Development
a proposed Federal manufactured home construction and safety
standard required under section 604(i) of such Act (as added
by the amendment made by section 3 of this Act).
Notwithstanding section 604(a)(5)(B) of such Act, the
Secretary of Housing and Urban Development shall issue a
final order promulgating the standard required by such
section 604(i) not later than the expiration of the 90-day
period beginning upon receipt by the Secretary of the
proposed standard developed and submitted by the consensus
committee.
SEC. 5. STUDY.
The Secretary of Housing and Urban Development shall
conduct a study regarding conditioning the applicability of
the requirement under the amendment made by section 3 of this
Act (relating to supplying weather radios in manufactured
homes) on the geographic location at which a manufactured
home is placed, but only to the extent that such requirement
applies to new manufactured homes and new site-built homes.
In conducting such study and making determinations under the
study, the Secretary shall take into consideration severe
weather conditions, such as high winds and flooding, and wind
zones and other severe weather data available from the
National Weather Service. Not later than the expiration of
the 18-month period beginning on the date of the enactment of
this Act, the Secretary shall complete the study and submit a
report regarding the results of the study to the Committee on
Financial Services of the House of Representatives and to the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Donnelly) and the gentleman from Alabama (Mr. Bachus) each
will control 20 minutes.
The Chair recognizes the gentleman from Indiana.
General Leave
Mr. DONNELLY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on this legislation and to insert extraneous material thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. DONNELLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2787, CJ's Home Protection Act
of 2007, introduced by my colleague and friend from Indiana (Mr.
Ellsworth). H.R. 2787 would require that weather radios be installed in
all new manufactured homes manufactured or sold in the United States.
Mr. Speaker, this legislation passed the Financial Services Committee
unanimously on September 18 of this year. It would ensure that
manufactured homes continue to provide the highest level of safety to
their residents in the event of devastating weather conditions, such as
hurricanes and tornadoes, which many regions of the country, including
my home State of Indiana, are all too familiar with.
In Indiana, and in my congressional district, we have a proud and a
strong tradition of providing first-class manufactured housing for
Americans and providing quality jobs for Hoosiers. Manufactured homes
house 22 million people in over 10.5 million homes. These manufactured
homes have continued a tradition of quality and safe construction over
the years. They present a high-quality, affordable housing option for
families, and will continue to do so for years to come.
Mr. Speaker, this is a thoughtful and deeply personal piece of
legislation, and I commend Mr. Ellsworth for working together with
manufacturers and advocates alike to craft a bill in H.R. 2787 that
works for everybody. I urge Members to vote in favor of this
legislation.
Mr. Speaker, I am glad to yield such time as he may consume to the
gentleman from Indiana (Mr. Ellsworth).
Mr. ELLSWORTH. I would like to thank the gentleman, my good friend
from Indiana (Mr. Donnelly).
Mr. Speaker, I rise today in support of CJ's Home Protection Act.
Nearly 2 years ago, a killer F3 tornado struck my district in southwest
Indiana. The tornado hit a manufactured housing community after most
people had gone to bed on a Saturday night, and it took the lives of 25
Hoosiers, 20 in my county and five in Warrick County next door, lives
that might have been saved if the victims knew a storm was approaching.
CJ Martin, an energetic, smiling 2-year-old boy, was one of the
victims that night. He and the other 24 victims are the reason I am
here today, as well as the victims who have suffered the same across
our country. His picture is a reminder of the destruction that comes to
families and communities when severe weather strikes without warning.
[[Page H12190]]
Mr. Speaker, I was the sheriff of the county back in 2005, and I
oversaw the recovery effort in the wake of this storm. The picture
doesn't do it justice. The horror and devastation the storm left behind
is something I will remember for the rest of my life. That is why this
bill is so important to me.
I met Kathryn Martin, CJ's mother, right after the storm, and in the
months afterwards she took that pain and suffering and turned it into
an effort to pass this same legislation in the State of Indiana, which
she was successful in doing.
{time} 1415
Kathryn was successful in getting the bill passed, and because of the
awareness she raised about weather radios, the people in my hometown of
Evansville, Indiana, have the most weather radios in households per
capita.
When I met Kathryn, I promised her that if I ever got to Congress, I
would introduce a Federal bill that did the same thing she was trying
to push in our State. This bill before us today fulfills that promise.
CJ's Home Protection Act amends the Federal Manufactured Home
Construction and Safety Standard to require that each manufactured home
delivered for sale shall be supplied with a weather radio inside the
manufactured home.
One might ask, not every area in this country suffers tornadoes. You
are right about that. A tornado took CJ's life, but it could have just
as easily been a fire like in California, flash flooding and even
tsunamis. An added bonus of this bill would be that weather radios are
also used to put out AMBER alerts.
The radio must be capable of broadcasting emergency information
related to local weather conditions, equipped with a tone alarm and
specific alert message encoding, and comply with Consumer Electronics
Association standards for public receivers.
Like a smoke detector, these inexpensive devices can provide families
with the warning they need to take action and protect themselves when
severe weather strikes. This bill is about improving public safety,
plain and simple. It is not about demonizing the manufactured housing
industry. Kathryn and John Martin and the other residents of this
community love their homes, and the manufactured homes provide
affordable, high-quality homes for thousands of American families.
In fact, when my wife Beth and I were first married, we agreed to buy
a manufactured home as our first home. Unfortunately, the manufactured
housing park told us we were too young to move there so we had to make
other arrangements.
I continue to be a strong supporter of manufactured housing. I see
this legislation as adding one more feature to enhance the safety
features of these structures. This bill is sponsored by the American
Red Cross, the International Association of Firefighters, and the
Michigan Committee for Severe Weather Awareness.
Before I close, I want to thank the chairman of this committee,
Barney Frank, Spencer Bachus, Congressman Dennis Moore and
Congresswoman Kay Granger for their support and being supporters of
this bill, as well as Congressman Joe Donnelly. I would also like to
thank my staff for their tireless work on this effort.
Severe weather does not distinguish between Republicans and
Democrats. It doesn't care whether you live in Indiana, California,
Alabama, or Kansas. This is public safety legislation, and for a mere
$30 to $80, we can perhaps save the next 2-year-old boy from this type
of devastation.
Mr. DONNELLY. Mr. Speaker, I reserve the balance of my time.
Mr. BACHUS. Mr. Speaker, I rise in strong support of CJ's Home
Protection Act of 2007.
Congressman Ellsworth said a picture is worth a thousand words, and
he held up a picture of CJ Martin. When the Congressman brought CJ's
mother, Kathryn Martin, to my office, he brought that picture with him.
It brought back memories to me of another picture, of not a little boy
but of a little girl, and I have that picture with me today.
This is a picture of Whitney Crowder. Now, unlike CJ, I am happy to
say that today she is an eighth grader in a Tuscaloosa city school. She
is doing well, but she has had a lot to overcome. Just like CJ, she and
her family lived in manufactured housing.
Let me tell you, manufactured housing in the South has replaced a lot
of substandard housing. It provides affordable housing for a lot of
Alabamians. As many as one out of five Alabamians lives in a
manufactured house. It is affordable. It is clean, and it provides a
very good home.
Whitney was living in one of these manufactured houses. An alert went
out that said a tornado was 30 miles off. She had approximately 20
minutes; but the TV wasn't on. She didn't have a weather alert radio.
And although the TV stations were able to track that storm and to tell
within a quarter mile where it was going and when it would arrive
there, she and her grandmother and the rest of her family didn't have
the TV on. Some people say why don't you require these in cars. Why
just manufactured housing? Well, in fact studies show when people are
in cars they have the radio on and more often than not they receive an
alert.
But as is the case in Alabama with this storm and another storm that
took 32 lives a few years before that, people were asleep. I think the
Martins were asleep. They had no idea that a killer tornado was bearing
down on them, even though warnings were going out.
As I said, although I am happy to say that Whitney survived the
tornado, her brother Wesley, 16-month-old, and her father did not. They
were killed.
We have come to a time in our country where we really have no excuse
not to do the few elementary things we can do to prevent the death or
at least lessen the likelihood of the death of CJ Martin in Indiana or
Wesley Crowder and his dad, Whitney's father, in Alabama. Technology
today in an F-5 or F-4 storm gives 30 to 40 minutes' warning. With that
warning you only need two things: You need shelter from the storm, you
need a place to go, and you need to receive that warning.
Now, in 2003 this Congress passed the Tornado Shelters Act, which
allows communities to use community block grant money to build
shelters, a shelter from the storm, a shelter that could exist for the
Martins or the Crowder family, and a mobile community.
I am happy to report in my district, the Sixth Congressional District
of Alabama, we now have six of these shelters in or near manufactured
housing communities. But people don't have to go to those. If they are
in manufactured housing, they can go to a nearby building with a
basement or interior room. Manufactured housing, a mobile home as some
of us call them, they don't have basements and interior rooms. It is
not wrong; it is just something they are not designed to have. But
there are permanent structures nearby, whether it be a school, a
tornado shelter that we authorized in 2003, or maybe even their
parents' house. The Crowders had an aunt and uncle that lived only
about 400 yards away in a site-built house with a basement. They would
have been safe from that storm. The technology was there to warn them.
The shelter was there to receive them, but there was no weather radio.
Now, what's the cost of a radio? Some people have talked about the
cost that you are imposing, although the manufactured housing industry
as far as I know has said they support this bill. Well, Wal-Mart just
came out with a weather radio for $12. So that's the cost if you buy
them in bulk. You can put them in for $12 in a mobile home,
manufactured housing. $12. What is the cost of not acting? For the
Crowder family there are all sorts of costs. The greatest cost was the
loss of two individuals, a little 16-month-old boy, Whitney's little
brother, and her father. Also the cost to Whitney and her mother and
the 12 other people injured by this storm. The cost was several million
dollars in health care costs.
Now, we are not here to save money; we are here to save lives. But
this bill will not only save lives; it will save money. A killer
tornado like this hit Oak Grove at night, and among the things it did
was paralyze a man. That man is still paralyzed to this day and his
cost of treatment is, as we all know, hundreds of thousands of dollars
a year. One radio in that gentleman's manufactured housing home could
have saved him a life of paralysis. But, instead, it took 30 lives and
denied him mobility for the rest of his life.
[[Page H12191]]
As the Congressman from Indiana said, this is not about Republicans
or Democrats. There are certain things we ought to say, it is time to
do this; and technology has reached that time. When 40 percent to 50
percent to sometimes as many as 60 percent of the deaths every year
from these killer tornadoes are in mobile homes, manufactured housing,
and families live in these houses, whether they be our grandparents,
our parents, our children, our neighbors, our loved ones, or people we
don't even know, you see the devastation here. There were site-built
homes here. This is a manufactured house. Twenty-seven manufactured
housing units in this area, a mobile home community, no longer existed.
As the gentleman from Indiana said, looking at this picture really
doesn't do it justice. People actually commented when they came upon
this area which was about half a mile long and 400 yards wide, it
looked like a garbage dump. You couldn't tell there had been a
community there. It looked like there were a few junk cars because the
cars were rolled over and over.
We can rebuild these communities; but CJ, we can't bring him back. We
can't bring Whitney's little brother and father back, but we can do our
best for literally pennies to prevent some of these deaths.
I think that is why 55 TV stations throughout this Nation have made
this their cause. They visited us in Washington last year. They said,
Look, we will get the warning out and there are shelters available. But
please require the installation of a $12 radio so we can bridge that
gap between warning and safe shelter.
That is what we are here to do today. In this House where we
sometimes are in conflict and at loggerheads, can't we this time come
together in a united way in an effort that will cost almost nothing and
which the manufactured housing industry said we are willing to do this,
and require these radios. And not only when a tornado comes or when a
devastating flood comes like came to Texas and people were asleep in a
mobile home community and several of those homes were swept away. This
will save lives.
So I commend CJ Martin's mother. That's what America is about,
someone saying I lost my son but I don't want it to happen again. It is
about the Crowder family who wrote me a letter, a grandmother saying
please push this bill.
We will never go back and know whether CJ could have survived had
this legislation been passed. We will never know whether Wesley Crowder
and his father would survive, but we do know by talking to people
throughout the United States that these radios have in many, many cases
already saved lives and will save lives if we install them in
manufactured housing.
{time} 1430
We have a shot at significantly reducing over half the deaths from
tornados simply by taking the step together united, Republicans and
Democrats, and passing this legislation.
I commend Chairman Frank for expeditiously moving this legislation,
and I commend the Member from Indiana for his thoughtfulness and his
care and dedication to this issue.
Mr. DONNELLY. Mr. Speaker, I want to thank the ranking member for his
thoughtful and eloquent remarks; Congressman Ellsworth for his tireless
effort on behalf of this, and the manufactured housing industry for
their assistance.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Indiana (Mr. Donnelly) that the House suspend the rules
and pass the bill, H.R. 2787, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________