[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7131-H7134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY ACT OF 2022
Ms. WATERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 7981) to require qualifying smoke alarms in certain
federally assisted housing, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7981
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)).
[[Page H7132]]
``(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
[[Page H7133]]
`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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Waters) and the gentlewoman from Missouri (Mrs. Wagner)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. WATERS. 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
gentlewoman from California?
There was no objection.
Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
I thank Representative Dean for introducing H.R. 7981, the Public and
Federally Assisted Housing Fire Safety Act of 2022, in response to the
devastating apartment fire that occurred in a Philadelphia public
housing unit, where 12 people died, including 9 children.
The subsequent investigation into this tragedy, found that the
majority of the smoke alarms in the home were inoperable, as they had
either been removed from the walls or had no batteries inside.
With proper fire safety tools in place, these deaths could have been
prevented. A 2021 study from the National Fire Protection Agency found
that nearly three out of five home fire deaths are caused by fires in
properties with no smoke alarms present, or smoke alarms that failed to
operate. Functional smoke alarms can reduce the number of home fire
deaths.
To help prevent similar tragedies like the one in Philadelphia from
occurring, H.R. 7981 would require the installation of either tamper-
resistant or hardwired smoke alarms in federally assisted housing,
better ensuring families have adequate warning when a fire occurs.
Additionally, this bill will help ensure families across America
better understand and properly use fire safety features in their homes
through a national education campaign led by HUD.
I commend Representative Dean for her work on this very important
issue, and I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume.
On January 5, a fire broke out in an apartment building in
Philadelphia, a terrible tragedy that took the lives of 12 people,
including 9 children.
Even though the building was operated by the Philadelphia Housing
Authority, not one of the battery-powered smoke detectors was
operational that morning, so residents had no warning as the fire grew
out of control.
While HUD already has regulations in place to ensure that federally
assisted units install functioning smoke detectors, after a
heartbreaking event like this, Congress has a responsibility to ensure
that the rules are updated to prevent future tragedies.
H.R. 7981 would require Public Housing Authorities and property
owners within HUD's programs to install smoke alarms that are tamper-
resistant and hardwired, or use long-term, 10-year batteries.
Making sure that we have modern, up-to-date safety code devices like
smoke alarms in all our federally assisted housing units is fundamental
when it comes to trying to protect the lives of our residents.
H.R. 7981 will create safer homes for HUD's residents.
I congratulate Ms. Dean for her tremendous work on this, and I urge
my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
[[Page H7134]]
Ms. WATERS. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Pennsylvania (Ms. Dean).
Ms. DEAN. Mr. Speaker, I thank Chairwoman Waters and Representative
Wagner for their support for this important legislation.
I rise in support of my bill, H.R. 7981, the Public and Federally
Assisted Housing Fire Safety Act.
This bipartisan legislation, which passed by a unanimous voice vote
out of the Financial Services Committee last month, would help protect
the more than 10 million Americans who live in public or federally
assisted housing, to protect them from the risk of fire, by requiring
the installation of hardwired or tamper-resistant smoke alarms in
federally assisted housing.
My colleagues from Southeastern Pennsylvania, Representatives Dwight
Evans, Brendan Boyle, Brian Fitzpatrick, and Mary Gay Scanlon, have
joined me in introducing this important legislation, as our community
was devastated earlier this year by the horrific blaze that occurred in
a public housing unit.
As has been detailed, in the early morning hours of January 5 of this
year, a fire broke out in a Philadelphia row house owned by the
Philadelphia Housing Authority and converted into apartments, killing
three sisters and nine of their children.
My heart breaks for this beautiful family. They were loving mothers,
aspiring students, babies, some only 2 and 3 years old. I want to take
a moment to remember them by simply saying their names.
The eldest sister, Rosalee ``Rose'' McDonald, 33, was a loving mother
to six children, all of whom perished in the fire. Her children:
Quintien Tate-McDonald, 16; Destiny McDonald, 15; Dekwan ``Day-Day''
Robinson, 8; J'Kwan ``Jay-Jay'' Robinson, 5; Taniesha Robinson, 3; and
Tiffany Robinson, 2.
The middle sister, Virginia ``Jenny'' Thomas, 30, was a loving mother
to four children, three of whom perished in the fire. Her children:
Natasha Wayne, 7; Shaniece Wayne, 10; and Janiyah Roberts, 3.
And finally, Quinsha White, 18 years old, the younger sister to
Rosalee and Virginia. She was still just a senior in high school when
she died.
Heartbreakingly, as the facts around this fire emerged, it became
clear that these tragic deaths might have been possibly prevented with
proper safeguards.
Of the seven smoke alarms in the converted row home, all of which
were the kind that requires frequent battery replacement, four were in
drawers, one was on the floor without batteries, one was in the ceiling
without batteries, and a final alarm, working, was located in the
basement.
This situation, sadly, is not unique. According to 2015 HUD data on
the top 25 deficiencies in public housing, missing or inoperable smoke
detectors was the 15th prevalent deficiency, with 7,700 deficiencies
cited.
In 2020, an ABC News investigation found that ``more than 1 million
people in the U.S. are living in federally funded housing complexes
that inspectors found had fallen short on working smoke detectors.''
It is clear to me that the status quo is not keeping families safe.
My legislation is desperately needed to raise the bar, to ensure that
the 10 million Americans who live in public and federally assisted
housing have the basic, lifesaving benefit of working, reliable smoke
alarms.
This bill would also authorize $2 million for HUD to run a national
education campaign on health and safety requirements in public housing,
including how to properly use fire safety features like smoke alarms,
carbon monoxide detectors, and self-closing doors.
I am pleased to have the support of key stakeholders, including the
International Code Council, who provided guidance in drafting this
bill, the National Fire Protection Association, National Association of
State Fire Marshals, the International Association of Fire Fighters.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. WATERS. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Pennsylvania.
Ms. DEAN. Also, I thank my colleagues from Pennsylvania, including
Senator Casey, who has introduced the identical legislation in the
Senate.
Finally, I thank Chairwoman Waters, and her staff, for their guidance
and support in crafting this legislation.
I thank the whole Financial Services Committee for supporting this
bill in our markup. I implore my colleagues to join me in supporting
this important bill.
Mrs. WAGNER. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Ms. WATERS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, H.R. 7981 is a commonsense bill that will save countless
lives by improving the quality and reliability of smoke alarms in
public and federally assisted housing. It is no wonder why the bill was
passed out of our committee with bipartisan support and is being
supported by the fire safety community, as well as affordable housing
advocates.
I thank Representative Dean for this bill, and I, again, urge my
colleagues to join me in supporting H.R. 7981.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Waters) that the House suspend the
rules and pass the bill, H.R. 7981, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HARRIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________