I 

108TH CONGRESS 

1ST SESSION H. R. 1613

To establish a demonstration incentive program within the Department of 

Education to promote installation of fire sprinkler systems, or other 

fire suppression or prevention technologies, in qualified student housing 

and dormitories, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mrs. JONES of Ohio introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To establish a demonstration incentive program within the 

Department of Education to promote installation of fire 

sprinkler systems, or other fire suppression or prevention 

technologies, in qualified student housing and dormitories, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘College Fire Prevention Act’’. 

6 (b) FINDINGS.—The Congress finds the following: 
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1 (1) On Wednesday, January 19, 2000, a fire 

2 occurred at a Seton Hall University dormitory. 

3 Three male freshmen, all 18 years of age, died. 

4 Fifty-four students, 2 South Orange firefighters, 

5 and 2 South Orange police officers were injured. 

6 The dormitory was a 6-story, 350-room structure 

7 built in 1952, that housed approximately 600 stu8 dents. It was equipped with smoke alarms but no 

9 fire sprinkler system. 

10 (2) On Mother’s Day 1996 in Chapel Hill, 

11 North Carolina, a fire in the Phi Gamma Delta Fra12 ternity House killed 5 college juniors and injured 3. 

13 The 3-story plus basement fraternity house was 70 

14 years old. The National Fire Protection Association 

15 identified several factors that contributed to the 

16 tragic fire, including the lack of fire sprinkler pro17 tection. 

18 (3) It is estimated that between 1980 and 

19 1998, an average of 1,800 fires at dormitories, fra20 ternities, and sororities, involving 1 death, 70 inju21 ries, and $8,000,000 in property damage were re22 ported to public fire departments. 

23 (4) Within dormitories, fraternities, and sorori24 ties the leading cause of fires is arson or suspected 
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1 arson. The second leading cause of college building 

2 fires is cooking. The third leading cause is smoking. 

3 (5) New dormitories are generally required to 

4 have advanced safety systems such as fire sprinklers. 

5 But such requirements are rarely imposed retro6 actively on existing buildings. 

7 (6) In 1998, 93 percent of the campus building 

8 fires reported to fire departments occurred in build9 ings where there were smoke alarms present. How10 ever, only 34 percent had fire sprinklers present. 

11 SEC. 2. ESTABLISHMENT OF FIRE SUPPRESSION DEM12 ONSTRATION INCENTIVE PROGRAM. 

13 (a) GRANTS.—The Secretary of Education (in this 

14 Act referred to as the ‘‘Secretary’’), in consultation with 

15 the United States Fire Administration, shall establish a 

16 demonstration program to award grants on a competitive 

17 basis to eligible entities for the purpose of installing fire 

18 sprinkler systems, or other fire suppression or prevention 

19 technologies, in student housing and dormitories owned or 

20 controlled by such entities. 

21 (b) ELIGIBLE ENTITY.—For purposes of this Act, the 

22 term ‘‘eligible entity’’ means any of the following: 

23 (1) An accredited public or private institution 

24 of higher education (as that term is defined in sec-
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1 tion 101 of the Higher Education Act of 1965 (20 

2 U.S.C. 1001)). 

3 (2) An accredited historically Black college or 

4 university (as that term is used in section 322 of the 

5 Higher Education Act of 1965 (20 U.S.C. 1061)). 

6 (3) An accredited Hispanic-serving institution 

7 (as that term is defined in section 502 of the Higher 

8 Education Act of 1965 (20 U.S.C. 1101a)). 

9 (4) An accredited Tribally Controlled College or 

10 University (as that term is defined in section 2 of 

11 the Tribally Controlled College or University Assist12 ance Act of 1978 (25 U.S.C. 1801)). 

13 (5) A social fraternity or sorority exempt from 

14 taxation under section 501(a) of the Internal Rev15 enue Code of 1986 (26 U.S.C. 501(a)), the active 

16 membership of which consists primarily of students 

17 in attendance at an accredited institution of higher 

18 education. 

19 (c) SELECTION PRIORITY.—In making grants under 

20 subsection (a), the Secretary shall give priority to eligible 

21 entities that demonstrate the greatest financial need. 

22 (d) RESERVATIONS.—Of the amount made available 

23 to the Secretary for grants under this section for each fis24 cal year, the Secretary shall award—
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1 (1) not less than 10 percent to eligible entities 

2 that are historically Black colleges and universities, 

3 Hispanic-serving institutions, and Tribally Con4 trolled Colleges and Universities; and 

5 (2) not less than 10 percent to eligible entities 

6 that are social fraternities and sororities. 

7 (e) APPLICATION.—To seek a grant under this sec8 tion, an eligible entity shall submit an application to the 

9 Secretary at such time, in such manner, and accompanied 

10 by such information as the Secretary may require. 

11 (f) MATCHING REQUIREMENT.—As a condition on re12 ceipt of a grant under subsection (a), the applicant shall 

13 provide (directly or through donations from public or pri14 vate entities) non-Federal matching funds in an amount 

15 equal to not less than 50 percent of the cost of the activi16 ties for which assistance is sought. 

17 (g) LIMITATION ON ADMINISTRATIVE EXPENSES.—

18 Not more than 10 percent of a grant made under sub19 section (a) may be expended for administrative expenses 

20 with respect to the grant. 

21 (h) REPORTS.—Not later than 12 months after the 

22 date of the first award of a grant under this section and 

23 annually thereafter until completion of the program, the 

24 Secretary shall provide to the Congress a report that in25 cludes the following: 
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1 (1) The number and types of eligible entities re2 ceiving assistance under this section. 

3 (2) The amounts of such assistance, the 

4 amounts and sources of non-Federal funding lever5 aged for activities under grants under this section, 

6 and any other relevant financial information. 

7 (3) The number and types of student housing 

8 fitted with fire suppression or prevention tech9 nologies with assistance under this section, and the 

10 number of students protected by such technologies. 

11 (4) The types of fire suppression or prevention 

12 technologies installed with assistance under this sec13 tion, and the costs of such technologies. 

14 (5) Identification of Federal and State policies 

15 that present impediments to the development and in16 stallation of fire suppression or prevention tech17 nologies. 

18 (6) Any other information determined by the 

19 Secretary to be useful to evaluating the overall effec20 tiveness of the program established under this sec21 tion in improving the fire safety of student housing. 

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this Act 

24 $100,000,000 for each of the fiscal years 2004 through 

25 2008. At the end of fiscal year 2008, all unobligated ap-
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1 propriations authorized under this subsection shall revert 

2 to the general fund of the Treasury. 

3 SEC. 3. ADMISSIBILITY AS EVIDENCE. 

4 (a) PROHIBITION.—Notwithstanding any other provi5 sion of law and subject to subsection (b), any application 

6 for assistance under this Act, any negative determination 

7 on the part of the Secretary with respect to such applica8 tion, or any statement of reasons for the determination, 

9 shall not be admissible as evidence in any proceeding of 

10 any court, agency, board, or other entity. 

11 (b) EXCEPTION.—This section does not apply to the 

12 admission of an application, determination, or statement 

13 described in subsection (a) as evidence in a proceeding to 

14 enforce an agreement entered into between the Secretary 

15 of Education and an eligible entity under section 2.

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