I 

113TH CONGRESS 

1ST SESSION H. R. 1437 

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 9, 2013 

Ms. FUDGE (for herself, Mr. RANGEL, Mr. MCGOVERN, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. PRICE of North Carolina, Mr. CONYERS, Mr. 

DANNY K. DAVIS of Illinois, Mr. LEWIS, Ms. CLARKE, Mr. CUMMINGS, 

Mr. CLAY, and Ms. BROWN of Florida) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Tubbs Jones College Fire Prevention Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROVED FIRE SUPPRESSION SYSTEM.— 

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

8 a fire suppression system that— 

9 (A) meets with applicable codes and stand10 ards for the jurisdiction where it is being in11 stalled, or the standards promulgated by na12 tional model code organizations such as the Na13 tional Fire Protection Association or the Inter14 national Code Council; 

15 (B) ensures that the safety of students 

16 with disabilities is met; and 

17 (C) may include— 

18 (i) an automatic fire sprinkler system; 

19 (ii) a fire and smoke alarm and detec20 tion system; and 

21 (iii) a mass communication system 

22 that can be used in the event of a fire, dis23 aster, or other emergency. 

24 (2) INSTITUTION OF HIGHER EDUCATION.—The 

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


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1 meaning given the term in section 102 of the Higher 

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

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

4 the Secretary of Education. 

5 SEC. 3. ESTABLISHMENT OF THE HONORABLE STEPHANIE 

6 TUBBS JONES FIRE SUPPRESSION DEM7 ONSTRATION INCENTIVE PROGRAM. 

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

9 the United States Fire Administration, shall establish a 

10 demonstration program to award grants on a competitive 

11 basis to any eligible entity for the purpose of installing 

12 approved fire suppression systems in student housing and 

13 dormitories owned or controlled by that eligible entity. 

14 (b) ELIGIBLE ENTITY.—In this Act, the term ‘‘eligi15 ble entity’’ means any of the following: 

16 (1) An institution of higher education, including 

17 an institution eligible to receive assistance under 

18 part A or B of title III or title V of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1057 et seq.; 20 

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

21 (2) A social fraternity or sorority exempt from 

22 taxation under section 501(a) of the Internal Rev23 enue Code of 1986 (26 U.S.C. 501(a)), the active 

24 membership of which consists primarily of students 

25 in attendance at an institution of higher education. 


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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 (20 

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

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

15 (B) not less than 10 percent to eligible en16 tities that are social fraternities and sororities 

17 described in subsection (b)(2). 

18 (2) PLAN REQUIRED.—The Secretary shall de19 velop a plan to inform eligible entities described in 

20 subparagraphs (A) and (B) of paragraph (1) that 

21 such entities may be eligible to apply for grants 

22 under this section. 

23 (3) INSUFFICIENT APPLICANTS.—If the Sec24 retary determines that there are an insufficient 

25 number of qualified applicants to award the reserved 


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1 amounts required in accordance with paragraph (1), 

2 the Secretary shall make available the remainder of 

3 such reserved amounts for use by other eligible enti4 ties. 

5 (e) APPLICATION.—To seek a grant under this sec6 tion, an eligible entity shall submit an application to the 

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

8 by such information as the Secretary may require. 

9 (f) MATCHING REQUIREMENT.—As a condition of re10 ceipt of a grant under subsection (a), the eligible entity 

11 shall provide (directly or through donations from public 

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

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

14 the activities for which assistance is sought. 

15 (g) SUPPLEMENT NOT SUPPLANT.—Funds made 

16 available under this program shall be used to supplement, 

17 not supplant, other funds that would otherwise be ex18 pended to carry out fire safety activities. 

19 (h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

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

21 (a) may be expended for administrative expenses with re22 spect to the grant. 

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

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

25 annually thereafter until completion of the program, the 


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1 Secretary shall provide to Congress a report that in2 cludes— 

3 (1) the number and types of eligible entities re4 ceiving assistance under this section; 

5 (2) the amount of assistance received under this 

6 section, the amount and source of non-Federal fund7 ing leveraged for activities under grants under this 

8 section, and any other relevant financial information; 

9 (3) the number and types of student housing 

10 fitted with fire suppression or prevention tech11 nologies with assistance under this section, and the 

12 number of students protected by such technologies; 

13 (4) the types of fire suppression or prevention 

14 technologies installed with assistance under this sec15 tion, and the costs of such technologies; 

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

17 policy that presents an impediment to the develop18 ment and installation of fire suppression or preven19 tion technologies; and 

20 (6) any other information determined by the 

21 Secretary to be useful in evaluating the overall effec22 tiveness of the program established under this sec23 tion in improving the fire safety of student housing. 

24 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this Act 


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

2 2014 through 2016. 

3 SEC. 4. 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 and an eligible entity under section 3. 

Æ 


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