[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8528-H8530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      HONORABLE STEPHANIE TUBBS JONES COLLEGE FIRE PREVENTION ACT

  Mrs. DAVIS of California. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 642) to establish a 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 642

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Davis) and the gentleman from Louisiana (Mr. Boustany) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. DAVIS of California. Mr. Speaker, I request 5 legislative days 
during which Members may revise and extend their remarks and insert 
extraneous material on H.R. 642 into the Record.

[[Page H8529]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. DAVIS of California. I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 642, the College Fire 
Prevention Act. This legislation is the result of the life work of the 
late Representative Stephanie Tubbs Jones.
  Many of us know the commitment of Representative Tubbs Jones to the 
cause of campus fire safety. Every September, she would come to the 
floor to advocate for the recognition of September as Campus Fire 
Safety Month. Because of her efforts, States around the country also 
recognized September as Campus Fire Safety Month and helped to make 
students aware of the dangers they face and to ensure that colleges and 
universities do all they can to assist students.
  H.R. 642 builds on Representative Tubbs Jones' work to protect 
students on campus by creating a demonstration program within the 
Department of Education to encourage colleges and universities to 
install fire sprinkler systems and other fire suppression and 
prevention technologies in student housing and dormitories.
  I can think of no better time to talk about campus fire safety than 
now, when our students are returning to schools. We all know that in 
the hustle and bustle of moving in and getting ready for class, 
thoughts of whether one is prepared for a fire can sometimes get lost.
  Historically, August and September are two of the most fatal months 
for campus fires. We can assist institutions in avoiding these 
preventable tragedies by encouraging colleges and universities to 
educate students about fire safety before they arrive on campus.
  In passing this legislation here today, we not only honor the work of 
Representative Stephanie Tubbs Jones, but we also ensure the safety of 
students on campus.
  I urge the passage of this timely and important legislation.
  I reserve the balance of my time.
  Mr. BOUSTANY. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 642, the Honorable Stephanie Tubbs Jones 
College Fire Prevention Act, and I join my colleagues in honoring our 
colleague.
  So often in this Chamber, we consider legislation to expand access to 
college and strengthen our Federal higher education programs. Today, we 
have an opportunity to discuss the need to bolster safety on college 
campuses, specifically fire safety.
  The timing and the name of this bill are appropriate because this 
month is often designated as Campus Fire Safety Month, and there was no 
Member more concerned about protecting our college students from the 
dangers of fire than the late Representative Stephanie Tubbs Jones. 
This bill would honor Representative Tubbs Jones by naming a 
demonstration program in her honor.
  Our Nation's college students should be able to live on campus with 
the confidence that they will be safe in their dorms, apartments, or 
other housing. This measure will take a step toward ensuring that 
colleges have the ability to ensure their buildings are properly 
equipped with the latest fire safety measures.
  This measure, combined with the provisions enacted by Congress in the 
Higher Education Opportunity Act, will increase campus fire safety on 
colleges and universities. The provisions included in the Higher 
Education Opportunity Act required colleges to provide a fire safety 
report to the Secretary of Education. The report must include 
statistics showing the number of fires and injuries resulting from 
fires on campus over the past year. It will also require colleges to 
report on the type of fire prevention technologies they are utilizing 
and any plans the colleges may have to improve their fire prevention 
and detection technologies. The bill before us today will help colleges 
think creatively about fire safety and ensure that they have the funds 
to move forward with their plans.
  Today, we have the opportunity to honor Representative Tubbs Jones' 
commitment to the safety of college students and pass a measure that 
will help colleges keep our young people safe from devastating fires.
  While I urge my colleagues to support this resolution, our efforts to 
help college students will be incomplete until we also approve a true 
and honest all-of-the-above energy reform package that puts our Nation 
on the path to energy independence. Our higher education system is 
being squeezed by high energy costs just as the rest of society is. 
Schools are being forced to limit their operations and reduce the 
number of school days just to save on utility costs and save their 
students the price of a day's commute.
  The majority met behind closed doors to craft a bill that offers more 
in the way of political cover than actual energy reform. This is not 
the change Americans need, and it's not the change they deserve. We 
need a real energy policy, not one that looks good on paper but keeps 
vital American resources under lock and key.
  Mr. Speaker, I urge my colleagues to support this bill.
  I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Speaker, I'm pleased to recognize the 
gentleman from South Carolina (Mr. Clyburn) for as much time as he may 
consume.
  Mr. CLYBURN. Let me begin by thanking Representative Susan Davis for 
allowing me to participate in this session here this afternoon.
  I would like to take a moment to say a personal word about my dear 
friend Stephanie Tubbs Jones, who was a powerful voice for justice, 
equality and opportunity, who served the people of Ohio's 11th 
Congressional District and this Nation with passion and dedication. 
Unfortunately, Stephanie passed away unexpectedly last month, and it is 
a great loss to this cause and to our country.
  Throughout her five terms in Congress, Representative Tubbs Jones 
tirelessly advocated for campus fire safety and was the author of 
numerous pieces of legislation on the issue. She introduced, and saw 
pass, a resolution supporting the goals and ideals of Campus Fire 
Safety Month. She was also the primary sponsor of the College Fire 
Prevention Act, which she introduced in the 107th Congress and then 
reintroduced in the 108th, the 109th and the 110th.
  I am here today to pay tribute to her efforts as a champion for 
campus fire safety and am proud to take her place as the lead sponsor 
of the College Fire Prevention Act so that we can continue her legacy 
by passing this important measure and renaming it the Stephanie Tubbs 
Jones College Fire Prevention Act.
  The Stephanie Tubbs Jones College Fire Prevention Act will establish 
a demonstration incentive program within the Department of Education to 
promote the installation of fire sprinkler systems, or other fire 
suppression or prevention technologies, in qualified student housing or 
dormitories.
  Since January 2000, over 125 people have died in campus-related 
fires, with over 83 percent of them occurring in off-campus housing. 
That is why National Campus Fire Safety Month is focused on educating 
students about fire safety so they can be prepared no matter where a 
fire should ignite.
  Congress has not ignored this growing problem. We realize that 
knowledge is power, and that is why we passed the provisions of the 
Campus Fire Safety Right-to-Know Act in the 2008 Higher Education 
Opportunity Act, which became law last month.
  This legislation requires the Secretary of Education to report the 
number of campus-related fires that have occurred and the number of 
deaths and interests that resulted from those fires. The report will 
also contain the number of residence hall rooms equipped with automatic 
fire sprinkler systems and fire alarms. It is also important that this 
report give parents and students an understanding of how much fire 
prevention training is provided to students and staff, the college or 
university's fire safety policies, and any future plans for improving 
fire safety.
  Nearly a year ago, I took to this floor to offer my condolences to 
the families, friends and loved ones of students lost in a fire at 
Ocean Isle, North Carolina. Seven students perished in that fire; six 
from the University of South Carolina, which I proudly represent in 
this body, and one from Clemson University. At that time, we mourned 
their lives and the future promise they held and the fact that they 
were cut short in such a dramatic way.

[[Page H8530]]

  However, today, I think we can see the legacy of their lives in this 
room. We have made strides in promoting campus fire safety because of 
their moving stories, and we will continue to improve campus fire 
safety to prevent other families from sharing in this tragic 
experience.
  Today, I'm here to pay that favor forward.

                              {time}  1530

  I add my voice to those here today to pay tribute to Representative 
Tubbs Jones' courageous efforts and say that I am committed to the 
issue of campus fire safety.
  Mr. BOUSTANY. Mr. Speaker, we're pleased to join our colleagues on 
the other side of the aisle in paying this tribute to our colleague.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. DAVIS of California. Mr. Speaker, we come on the floor once 
again to honor the life and work of the late Stephanie Tubbs Jones, and 
we do that with this bill, very important bill, H.R. 642, the College 
Fire Prevention Act. I'm delighted that Mr. Clyburn was able to be here 
and to continue her legacy in this way.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Davis) that the House suspend the 
rules and pass the bill, H.R. 642, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________