I 

111TH CONGRESS 

1ST SESSION H. R. 2136 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Ms. FUDGE introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

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. 

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’’. 

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1 SEC. 2. ESTABLISHMENT OF THE HONORABLE STEPHANIE 

2 TUBBS JONES FIRE SUPPRESSION DEM3 ONSTRATION INCENTIVE PROGRAM. 

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

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

6 the United States Fire Administration, shall establish a 

7 demonstration program to award grants on a competitive 

8 basis to eligible entities for the purpose of installing fire 

9 sprinkler systems, or other fire suppression or prevention 

10 technologies, in student housing and dormitories owned or 

11 controlled by such entities. 

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

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

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

15 term is defined in section 102 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1002)), including an 

17 institution eligible to receive assistance under part A 

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

19 (2) A social fraternity or sorority exempt from 

20 taxation under section 501(a) of the Internal Rev21 enue Code of 1986 (26 U.S.C. 501(a)), the active 

22 membership of which consists primarily of students 

23 in attendance at an institution of higher education 

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

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

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

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

3 entities that demonstrate the greatest financial need. 

4 (d) RESERVED AMOUNTS.— 

5 (1) IN GENERAL.—Of the amount made avail6 able to the Secretary for grants under this section 

7 for each fiscal year, the Secretary shall award— 

8 (A) not less than 10 percent to eligible en9 tities that are institutions described in sub10 section (b)(1) that are eligible to receive assist11 ance under part A or B of title III or title V 

12 of the Higher Education Act of 1965; and 

13 (B) not less than 10 percent to eligible en14 tities that are social fraternities and sororities 

15 described in subsection (b)(2). 

16 (2) PLAN REQUIRED.—The Secretary shall de17 velop a plan to inform entities described in subpara18 graphs (A) and (B) of paragraph (1) that such enti19 ties may be eligible to apply for grants under this 

20 section. 

21 (3) INSUFFICIENT APPLICANTS.—If the Sec22 retary determines that there are an insufficient 

23 number of qualified applicants to award the reserved 

24 amounts required in accordance with paragraph (1), 

25 the Secretary shall make available the remainder of 

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1 such reserved amounts for use by other eligible enti2 ties. 

3 (e) APPLICATION.—To seek a grant under this sec4 tion, an eligible entity shall submit an application to the 

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

6 by such information as the Secretary may require. 

7 (f) MATCHING REQUIREMENT.—As a condition of re8 ceipt of a grant under subsection (a), the applicant shall 

9 provide (directly or through donations from public or pri10 vate entities) non-Federal matching funds in an amount 

11 equal to not less than 50 percent of the cost of the activi12 ties for which assistance is sought. 

13 (g) SUPPLEMENT NOT SUPPLANT.—Funds made 

14 available under this program shall be used to supplement, 

15 not supplant, other funds that would otherwise be ex16 pended to carry out fire safety activities. 

17 (h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

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

19 (a) may be expended for administrative expenses with re20 spect to the grant. 

21 (i) 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 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this Act 

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

25 2010 through 2012. 

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1 SEC. 3. ADMISSIBILITY AS EVIDENCE. 

2 (a) PROHIBITION.—Notwithstanding any other provi3 sion of law and subject to subsection (b), any application 

4 for assistance under this Act, any negative determination 

5 on the part of the Secretary with respect to such applica6 tion, or any statement of reasons for the determination, 

7 shall not be admissible as evidence in any proceeding of 

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

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

10 admission of an application, determination, or statement 

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

12 enforce an agreement entered into between the Secretary 

13 and an eligible entity under section 2. 

Æ 

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