[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 642

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honorable Stephanie Tubbs Jones 
College Fire Prevention Act''.

SEC. 2. ESTABLISHMENT OF THE HONORABLE STEPHANIE TUBBS JONES FIRE 
              SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM.

    (a) Grants.--The Secretary of Education (in this Act referred to as 
the ``Secretary''), in consultation with the United States Fire 
Administration, shall establish a demonstration program to award grants 
on a competitive basis to eligible entities for the purpose of 
installing fire sprinkler systems, or other fire suppression or 
prevention technologies, in student housing and dormitories owned or 
controlled by such entities.
    (b) Eligible Entity.--For purposes of this Act, the term ``eligible 
entity'' means any of the following:
            (1) An institution of higher education (as that term is 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002)), including an institution eligible to receive 
        assistance under part A or B of title III or title V of such 
        Act.
            (2) A social fraternity or sorority exempt from taxation 
        under section 501(a) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(a)), the active membership of which consists 
        primarily of students in attendance at an institution of higher 
        education (as that term is defined in section 102 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002)).
    (c) Selection Priority.--In making grants under subsection (a), the 
Secretary shall give priority to eligible entities that demonstrate the 
greatest financial need.
    (d) Reserved Amounts.--
            (1) In general.--Of the amount made available to the 
        Secretary for grants under this section for each fiscal year, 
        the Secretary shall award--
                    (A) not less than 10 percent to eligible entities 
                that are institutions described in subsection (b)(1) 
                that are eligible to receive assistance under part A or 
                B of title III or title V of the Higher Education Act 
                of 1965 ; and
                    (B) not less than 10 percent to eligible entities 
                that are social fraternities and sororities described 
                in subsection (b)(2).
            (2) Plan required.--The Secretary shall develop a plan to 
        inform entities described in subparagraphs (A) and (B) of 
        paragraph (1) that such entities may be eligible to apply for 
        grants under this section.
            (3) Insufficient applicants.--If the Secretary determines 
        that there are an insufficient number of qualified applicants 
        to award the reserved amounts required in accordance with 
        paragraph (1), the Secretary shall make available the remainder 
        of such reserved amounts for use by other eligible entities.
    (e) Application.--To seek a grant under this section, an eligible 
entity shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require.
    (f) Matching Requirement.--As a condition of receipt of a grant 
under subsection (a), the applicant shall provide (directly or through 
donations from public or private entities) non-Federal matching funds 
in an amount equal to not less than 50 percent of the cost of the 
activities for which assistance is sought.
    (g) Supplement Not Supplant.--Funds made available under this 
program shall be used to supplement, not supplant, other funds that 
would otherwise be expended to carry out fire safety activities.
    (h) Limitation on Administrative Expenses.--Not more than 2 percent 
of a grant made under subsection (a) may be expended for administrative 
expenses with respect to the grant.
    (i) Reports.--Not later than 12 months after the date of the first 
award of a grant under this section and annually thereafter until 
completion of the program, the Secretary shall provide to the Congress 
a report that includes the following:
            (1) The number and types of eligible entities receiving 
        assistance under this section.
            (2) The amounts of such assistance, the amounts and sources 
        of non-Federal funding leveraged for activities under grants 
        under this section, and any other relevant financial 
        information.
            (3) The number and types of student housing fitted with 
        fire suppression or prevention technologies with assistance 
        under this section, and the number of students protected by 
        such technologies.
            (4) The types of fire suppression or prevention 
        technologies installed with assistance under this section, and 
        the costs of such technologies.
            (5) Identification of Federal and State policies that 
        present impediments to the development and installation of fire 
        suppression or prevention technologies.
            (6) Any other information determined by the Secretary to be 
        useful to evaluating the overall effectiveness of the program 
        established under this section in improving the fire safety of 
        student housing.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act such sums for each of the fiscal 
years 2009 through 2011.

SEC. 3. ADMISSIBILITY AS EVIDENCE.

    (a) Prohibition.--Notwithstanding any other provision of law and 
subject to subsection (b), any application for assistance under this 
Act, any negative determination on the part of the Secretary with 
respect to such application, or any statement of reasons for the 
determination, shall not be admissible as evidence in any proceeding of 
any court, agency, board, or other entity.
    (b) Exception.--This section does not apply to the admission of an 
application, determination, or statement described in subsection (a) as 
evidence in a proceeding to enforce an agreement entered into between 
the Secretary and an eligible entity under section 2.

            Passed the House of Representatives September 23, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 642

_______________________________________________________________________

                                 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.