II 

112TH CONGRESS 

1ST SESSION S. 1766 

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 SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Mr. BROWN of Ohio introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

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’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 1766 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROVED FIRE SUPPRESSION SYSTEM.— 

4 The term ‘‘approved fire suppression system’’ means 

5 a fire suppression system that— 

6 (A) meets with applicable codes and stand7 ards for the jurisdiction where it is being in8 stalled, or the standards promulgated by na9 tional model code organizations such as the Na10 tional Fire Protection Association or the Inter11 national Code Council; 

12 (B) ensures that the safety of students 

13 with disabilities is met; and 

14 (C) may include— 

15 (i) an automatic fire sprinkler system; 

16 (ii) a fire and smoke alarm and detec17 tion system; and 

18 (iii) a mass communication system 

19 that can be used in the event of a fire, dis20 aster, or other emergency. 

21 (2) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning given the term in section 102 of the Higher 

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

25 (3) SECRETARY.—The term ‘‘Secretary’’ means 

26 the Secretary of Education. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 1766 IS

1 SEC. 3. ESTABLISHMENT OF THE HONORABLE STEPHANIE 

2 TUBBS JONES FIRE SUPPRESSION DEM3 ONSTRATION INCENTIVE PROGRAM. 

4 (a) GRANTS.—The Secretary, in consultation with 

5 the United States Fire Administration, shall establish a 

6 demonstration program to award grants on a competitive 

7 basis to any eligible entity for the purpose of installing 

8 approved fire suppression systems in student housing and 

9 dormitories owned or controlled by that eligible entity. 

10 (b) ELIGIBLE ENTITY.—In this Act, the term ‘‘eligi11 ble entity’’ means any of the following: 

12 (1) An institution of higher education, including 

13 an institution eligible to receive assistance under 

14 part A or B of title III or title V of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1057 et seq.; 20 

16 U.S.C. 1060 et seq.; 20 U.S.C. 1101 et seq.). 

17 (2) A social fraternity or sorority exempt from 

18 taxation under section 501(a) of the Internal Rev19 enue Code of 1986 (26 U.S.C. 501(a)), the active 

20 membership of which consists primarily of students 

21 in attendance at an institution of higher education. 

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

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

24 entities that demonstrate the greatest financial need. 

25 (d) RESERVED AMOUNTS.— 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 1766 IS

1 (1) IN GENERAL.—Of the amount made avail2 able to the Secretary for grants under this section 

3 for each fiscal year, the Secretary shall award— 

4 (A) not less than 10 percent to eligible en5 tities that are institutions described in sub6 section (b)(1) that are eligible to receive assist7 ance under part A or B of title III or title V 

8 of the Higher Education Act of 1965 (20 

9 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq.; 20 

10 U.S.C. 1101 et seq.); and 

11 (B) not less than 10 percent to eligible en12 tities that are social fraternities and sororities 

13 described in subsection (b)(2). 

14 (2) PLAN REQUIRED.—The Secretary shall de15 velop a plan to inform entities described in subpara16 graphs (A) and (B) of paragraph (1) that such enti17 ties may be eligible to apply for grants under this 

18 section. 

19 (3) INSUFFICIENT APPLICANTS.—If the Sec20 retary determines that there are an insufficient 

21 number of qualified applicants to award the reserved 

22 amounts required in accordance with paragraph (1), 

23 the Secretary shall make available the remainder of 

24 such reserved amounts for use by other eligible enti25 ties. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 1766 IS

1 (e) APPLICATION.—To seek a grant under this sec2 tion, an eligible entity shall submit an application to the 

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

4 by such information as the Secretary may require. 

5 (f) MATCHING REQUIREMENT.—As a condition of re6 ceipt of a grant under subsection (a), the eligible entity 

7 shall provide (directly or through donations from public 

8 or private entities) non-Federal matching funds in an 

9 amount equal to not less than 50 percent of the cost of 

10 the activities for which assistance is sought. 

11 (g) SUPPLEMENT NOT SUPPLANT.—Funds made 

12 available under this program shall be used to supplement, 

13 not supplant, other funds that would otherwise be ex14 pended to carry out fire safety activities. 

15 (h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

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

17 (a) may be expended for administrative expenses with re18 spect to the grant. 

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

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

21 annually thereafter until completion of the program, the 

22 Secretary shall provide to Congress a report that in23 cludes— 

24 (1) the number and types of eligible entities re25 ceiving assistance under this section; 


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 1766 IS

1 (2) the amount of assistance received under this 

2 section, the amount and source of non-Federal fund3 ing leveraged for activities under grants under this 

4 section, and any other relevant financial information; 

5 (3) the number and types of student housing 

6 fitted with fire suppression or prevention tech7 nologies with assistance under this section, and the 

8 number of students protected by such technologies; 

9 (4) the types of fire suppression or prevention 

10 technologies installed with assistance under this sec11 tion, and the costs of such technologies; 

12 (5) identification of any Federal, State, or local 

13 policy that presents an impediment to the develop14 ment and installation of fire suppression or preven15 tion technologies; and 

16 (6) any other information determined by the 

17 Secretary to be useful to evaluating the overall effec18 tiveness of the program established under this sec19 tion in improving the fire safety of student housing. 

20 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this Act 

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

23 2012 through 2014. 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 1766 IS

1 SEC. 4. 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 3. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS