IIB 

111TH CONGRESS 

2D SESSION H. R. 2136 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2010 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To establish the Honorable Stephanie Tubbs Jones Fire Suppression 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. 


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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. 

4 This Act may be cited as the ‘‘Honorable Stephanie 

5 Tubbs Jones College Fire Prevention Act’’. 

6 SEC. 2. ESTABLISHMENT OF THE HONORABLE STEPHANIE 

7 TUBBS JONES FIRE SUPPRESSION DEM8 ONSTRATION INCENTIVE PROGRAM. 

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

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

11 the United States Fire Administration, shall establish a 

12 demonstration program to award grants on a competitive 

13 basis to eligible entities for the purpose of installing fire 

14 sprinkler systems, or other fire suppression or prevention 

15 technologies, in student housing and dormitories owned or 

16 controlled by such entities. 

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

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

19 (1) An institution of higher education (as that 

20 term is defined in section 102 of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1002)), including an 

22 institution eligible to receive assistance under part A 

23 or B of title III or title V of such Act. 

24 (2) A social fraternity or sorority exempt from 

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1 enue Code of 1986 (26 U.S.C. 501(a)), the active 

2 membership of which consists primarily of students 

3 in attendance at an institution of higher education 

4 (as that term is defined in section 102 of the Higher 

5 Education Act of 1965 (20 U.S.C. 1002)). 

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

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

8 entities that demonstrate the greatest financial need. 

9 (d) RESERVED AMOUNTS.— 

10 (1) IN GENERAL.—Of the amount made avail11 able to the Secretary for grants under this section 

12 for each fiscal year, the Secretary shall award— 

13 (A) not less than 10 percent to eligible en14 tities that are institutions described in sub15 section (b)(1) that are eligible to receive assist16 ance under part A or B of title III or title V 

17 of the Higher Education Act of 1965; and 

18 (B) not less than 10 percent to eligible en19 tities that are social fraternities and sororities 

20 described in subsection (b)(2). 

21 (2) PLAN REQUIRED.—The Secretary shall de22 velop a plan to inform entities described in subpara23 graphs (A) and (B) of paragraph (1) that such enti24 ties may be eligible to apply for grants under this 

25 section. 


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1 (3) INSUFFICIENT APPLICANTS.—If the Sec2 retary determines that there are an insufficient 

3 number of qualified applicants to award the reserved 

4 amounts required in accordance with paragraph (1), 

5 the Secretary shall make available the remainder of 

6 such reserved amounts for use by other eligible enti7 ties. 

8 (e) APPLICATION.—To seek a grant under this sec9 tion, an eligible entity shall submit an application to the 

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

11 by such information as the Secretary may require. 

12 (f) MATCHING REQUIREMENT.—As a condition of re13 ceipt of a grant under subsection (a), the applicant shall 

14 provide (directly or through donations from public or pri15 vate entities) non-Federal matching funds in an amount 

16 equal to not less than 50 percent of the cost of the activi17 ties for which assistance is sought. 

18 (g) SUPPLEMENT NOT SUPPLANT.—Funds made 

19 available under this program shall be used to supplement, 

20 not supplant, other funds that would otherwise be ex21 pended to carry out fire safety activities. 

22 (h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

23 Not more than 2 percent of a grant made under subsection 

24 (a) may be expended for administrative expenses with re25 spect to the grant. 


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1 (i) REPORTS.—Not later than 12 months after the 

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

3 annually thereafter until completion of the program, the 

4 Secretary shall provide to the Congress a report that in5 cludes the following: 

6 (1) The number and types of eligible entities re7 ceiving assistance under this section. 

8 (2) The amounts of such assistance, the 

9 amounts and sources of non-Federal funding lever10 aged for activities under grants under this section, 

11 and any other relevant financial information. 

12 (3) The number and types of student housing 

13 fitted with fire suppression or prevention tech14 nologies with assistance under this section, and the 

15 number of students protected by such technologies. 

16 (4) The types of fire suppression or prevention 

17 technologies installed with assistance under this sec18 tion, and the costs of such technologies. 

19 (5) Identification of Federal and State policies 

20 that present impediments to the development and in21 stallation of fire suppression or prevention tech22 nologies. 

23 (6) Any other information determined by the 

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1 tiveness of the program established under this sec2 tion in improving the fire safety of student housing. 

3 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this Act 

5 such sums as may be necessary for each of the fiscal years 

6 2010 through 2012. 

7 SEC. 3. ADMISSIBILITY AS EVIDENCE. 

8 (a) PROHIBITION.—Notwithstanding any other provi9 sion of law and subject to subsection (b), any application 

10 for assistance under this Act, any negative determination 

11 on the part of the Secretary with respect to such applica12 tion, or any statement of reasons for the determination, 

13 shall not be admissible as evidence in any proceeding of 

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

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

16 admission of an application, determination, or statement 

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

18 enforce an agreement entered into between the Secretary 

19 and an eligible entity under section 2. 

Passed the House of Representatives May 19, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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