[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Pages S3737-S3738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. EDWARDS (for himself, Mr. Lautenberg, and Mr. Levin):
  S. 620. A bill to amend title VII of the Higher Education Act of 1965 
to provide for fire sprinkler systems, or other fire suppression or 
prevention technologies, in public and private college and university 
housing and dormitories, including fraternity and sorority housing and 
dormitories; to the Committee on Health, Education, Labor, and Pension.
  Mr. EDWARDS. Mr. President, I rise today along with my colleagues Mr. 
Lautenburg and Mr. Levin to re-introduce the College Fire Prevention 
Act. This measure would provide Federal matching grants for the 
installation of fire sprinkler systems in college and university 
dormitories and fraternity and sorority houses. I believe the time is 
now to address the sad situation of deadly fires that occur in our 
children's college living facilities.
  The tragic fire that occurred at Seton Hall University on Wednesday, 
January 19th, 2000, will not be forgotten. Three freshmen, all 18 years 
old, died. Fifty-four students, two South Orange firefighters and two 
South Orange police officers were injured. The dormitory, Boland Hall, 
was a six-story, 350-room structure built in 1952 that housed 
approximately 600 students. Astonishingly, the fire was contained to 
the third floor lounge of Boland Hall. This dormitory was equipped with 
smoke alarms but no sprinkler system.
  Unfortunately, the Boland Hall fire was not the first of its kind. 
And it reminded many people in North Carolina of their own tragic 
experience with dorm fires. In 1996, on Mother's Day and Graduation 
Day, a fire in the Phi Gamma Delta fraternity house at the University 
of North Carolina at Chapel Hill killed five college juniors and 
injured three others. The three-story fraternity house was 70 years 
old. The National Fire Protection Association identified several 
factors that contributed to the tragic fire, including the lack of fire 
sprinkler protection.
  Sadly, dorm fires are not rare. On December 9, 1997, a student died 
in a dormitory fire at Greenville College in Greenville, IL. The 
dormitory, Kinney Hall, was built in the 1960s and had no fire 
sprinkler system. On January 10, 1997, a student died at the University 
of Tennessee at Martin. The dormitory, Ellington Hall, had no fire 
sprinkler system. On January 3, 1997, a student died in a dormitory 
fire at Central Missouri State University in Warrensburg, MO. On 
October 21, 1994, five students died in a fraternity house fire in 
Bloomsburg, PA. The list goes on and on. In a typical year between 1980 
and 1998, the National Fire Protection Association estimates there were 
an average of 1,800 fires at dormitories, fraternities, and sororities, 
involving one death, 70 injuries, and $8 million in property damage.
  So now we must ask, what can be done? What can we do to curtail these 
tragic fires from taking the lives of our children, our young adults? 
We should focus our attention on the lack of fire sprinklers in college 
dormitories and fraternity and sorority houses. Sprinklers save lives.
  Despite the clear benefits of sprinklers, many college dorms do not 
have them. New dormitories are generally required to have advanced 
safety systems such as fire sprinklers. But such requirements are 
rarely imposed retroactively on existing buildings. In 1998, 93 percent 
of the campus building fires reported to fire departments occurred in 
buildings where there were smoke alarms present. However, only 34 
percent of them had fire sprinklers present.
  At my State's flagship university at Chapel Hill, for example, only 
14 of the 33 residence halls have sprinklers. Only 3 of 9 dorms at 
North Carolina Central University are equipped with the life-saving 
devices, and there are sprinklers in 4 of the 18 dorms at the 
University of North Carolina at Greensboro.
  The legislation I introduce today authorizes the Secretary of 
Education, in consultation with the United States Fire Administration, 
to award grants to States, private or public colleges or universities, 
fraternities, or sororities to assist them in providing fire sprinkler 
systems for their student housing and dormitories. These entities would 
be required to produce matching funds equal to one-half of the cost of 
the project. This legislation authorizes $80 million for fiscal years 
2004 through 2008.
  In North Carolina, we decided to initiate a drive to install 
sprinklers in our public college and university dorms. The overall cost 
is estimated at $57.5 million. Given how much it is going to cost North 
Carolina's public colleges and universities to install sprinklers, I 
think it's clear that the $100 million that this measure authorizes is 
just a drop in the bucket. But my hope is that by providing this small 
incentive we can encourage more colleges to institute a comprehensive 
review of their dorm's fire safety and to install sprinklers. All they 
need is a helping hand. With this modest measure of prevention, we can 
help prevent the needless and tragic loss of young lives.
  Parents should not have to worry about their children living in fire 
traps. When we send our children away to college, we are sending them 
to a home away from home where hundreds of other students eat, sleep, 
burn candles, use electric appliances and smoke. We must not compromise 
on their safety. As the Fire Chief from Chapel Hill wrote me: ``Every 
year, parents send their children off to college seeking an education 
unaware that one of the greatest dangers facing their children is the 
fire hazards associated with dormitories, fraternity and sorority 
houses and other forms of student housing .  .  . The only complete 
answer to making student-housing safe is to install fire sprinkler 
systems.'' In short, the best way to ensure the protection of our 
college students is to install fire sprinklers in our college 
dormitories and fraternity and sorority houses. My proposal has been 
endorsed by the National Fire Protection Association. I ask all of my 
colleagues to join me in supporting this important legislation. Thank 
you.
  I ask unanimous consent that the text of the legislation and the 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                                    March 4, 2003.
     Hon. John Edwards,
     U.S. Senate,
     Washington, DC.
       Senator Edwards: On behalf of the National Fire Prevention 
     Association (NFPA) and our 70,000 members, I want to thank 
     you for introducing the College Fire Prevention Act. We are 
     pleased to support your legislative efforts to provide 
     federal assistance for the installation of fire sprinkler 
     systems in college and university housing and dormitories.
       Each year, an estimated 1,800 fires occur in dormitories 
     and fraternity and sorority houses. These fires are 
     responsible for an average of one death, seventy injuries and 
     over $8 million in property damage. Of these fires, only 35% 
     had fire sprinkler systems present.

[[Page S3738]]

     As you know, in your home state of North Carolina, a tragic 
     fire on Mother's Day in 1996 killed five students in a 
     fraternity house.
       Our statistics show that properly installed and maintained 
     fire sprinkler systems have a proven track records of 
     protecting lives and property in all types of occupancies. In 
     particular, the retrofitting of fire sprinkler systems in 
     college and university housing will greatly improve the 
     safety of these public and private institutions.
       Thank you for your leadership on this crucial issue. NFPA 
     is ready to assist in any way to see this legislation passed.
           Sincerely,
                                                 John C. Biechman,
     Vice-President, Government Affairs.
                                  ____

     Chapel Hill Fire Department, Chapel Hill, NC, March 12, 2003.
     Senator John Edwards,
     Dirksen Senate Office Building,
     Washington, DC.
       Dear Senator Edwards: One of the most under addressed fire 
     safety problems in America today is university and college 
     student housing. Every year, parents send their children off 
     to college seeking an education unaware that one of the 
     greatest dangers facing their children is the fire hazards 
     associated with dormitories, fraternity and sorority houses 
     and other forms of student housing. We in Chapel Hill 
     experienced a worst-case scenario, when in 1996 a fire in a 
     fraternity house on Mother's Day/Graduation Day claimed five 
     young lives and injured three more. We recognized the only 
     complete answer to making student-housing safe is to install 
     fire sprinkler systems.
       I had the privilege of reading a draft copy of your 
     proposed legislation amending the Higher Education Act of 
     1965 to create a matching grants program supporting the 
     lifesaving step of installing fire sprinkler systems in 
     student housing. I strongly urge you to introduce this 
     legislation and I pledge to assist you in promoting this 
     important Bill. Your proposed legislation is the only real 
     solution to the fire threat in student housing. Higher 
     education cannot prepare our young people to contribure to 
     society if they do not survive the experience.
       After thirteen years of being responsible for fire 
     protection at the University of North Carolina--Chapel Hill, 
     I am convinced that where students reside, alarms systems are 
     not enough, clear exit ways are not enough, quick fire 
     department response is not enough and educational programs 
     are not enough. The only way you can insure fire safety for 
     college student housing is to place a fire sprinkler system 
     over them. Thank you for recognizing the magnitude of this 
     threat and for proposing a solution to it.
       Tell me how we can help.
           Sincerely,
                                                     Daniel Jones,
                                                       Fire Chief.

                                 S. 620

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

     SECTION 1. COLLEGE FIRE PREVENTION ASSISTANCE.

       Title VII of the Higher Education Act of 1965 (20 U.S.C. 
     1133 et seq.) is amended by adding at the end the following:

              ``PART E--COLLEGE FIRE PREVENTION ASSISTANCE

     ``SEC. 771. SHORT TITLE.

       ``This part may be cited as the `College Fire Prevention 
     Act'.

     ``SEC 772. FINDINGS.

       ``Congress makes the following findings:
       ``(1) On Wednesday, January 19, 2000, a fire occurred at a 
     Seton Hall University dormitory. Three male freshmen, all 18 
     years of age, died. Fifty-four students, 2 South Orange 
     firefighters, and 2 South Orange police officers were 
     injured. The dormitory was a 6-story, 350-room structure 
     built in 1952, that housed approximately 600 students. It was 
     equipped with smoke alarms but no fire sprinkler system.
       ``(2) On Mother's Day 1996 in Chapel Hill, North Carolina, 
     a fire in the Phi Gamma Delta Fraternity House killed 5 
     college juniors and injured 3. The 3-story plus basement 
     fraternity house was 70 years old. The National Fire 
     Protection Association identified several factors that 
     contributed to the tragic fire, including the lack of fire 
     sprinkler protection.
       ``(3) It is estimated that between 1980 and 1998, an 
     average of 1,800 fires at dormitories, fraternities, and 
     sororities, involving 1 death, 70 injuries, and $8,000,000 in 
     property damage were reported to public fire departments.
       ``(4) Within dormitories, fraternities, and sororities the 
     number 1 cause of fires is arson or suspected arson. The 
     second leading cause of college building fires is cooking, 
     while the third leading cause is smoking.
       ``(5) New dormitories are generally required to have 
     advanced safety systems such as fire sprinklers. But such 
     requirements are rarely imposed retroactively on existing 
     buildings.
       ``(6) In 1998, 93 percent of the campus building fires 
     reported to fire departments occurred in buildings where 
     there were smoke alarms present. However, only 34 percent had 
     fire sprinklers present.

     ``SEC. 773. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $80,000,000 for each of the fiscal years 2004 through 
     2008.

     ``SEC. 774. GRANTS AUTHORIZED.

       ``(a) Program Authority.--The Secretary, in consultation 
     with the United States Fire Administration, is authorized to 
     award grants to States, private or public colleges or 
     universities, fraternities, and sororities to assist them in 
     providing fire sprinkler systems, or other fire suppression 
     or prevention technologies, for their student housing and 
     dormitories.
       ``(b) Matching Funds Requirement.--The Secretary may not 
     award a grant under this section unless the entity receiving 
     the grant provides, from State, local, or private sources, 
     matching funds in an amount equal to not less than one-half 
     of the cost of the activities for which assistance is sought.

     ``SEC. 775. PROGRAM REQUIREMENTS.

       ``(a) Application.--Each entity desiring a grant under this 
     part shall submit to the Secretary an application at such 
     time and in such manner as the Secretary may require.
       ``(b) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to applicants that demonstrate 
     in the application submitted under subsection (a) the 
     inability to fund the sprinkler system, or other fire 
     suppression or prevention technology, from sources other than 
     funds provided under this part.
       ``(c) Limitation on Administrative Expenses.--An entity 
     that receives a grant under this part shall not use more than 
     4 percent of the grant funds for administrative expenses.

     ``SEC. 776. DATA AND REPORT.

       ``The Comptroller General shall--
       ``(1) gather data on the number of college and university 
     housing facilities and dormitories that have and do not have 
     fire sprinkler systems and other fire suppression or 
     prevention technologies; and
       ``(2) report such data to Congress.

     ``SEC. 777. ADMISSIBILITY.

       ``Notwithstanding any other provision of law, any 
     application for assistance under this part, 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.''.
                                 ______