[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Referred in Senate (RFS)]
2d Session
H. R. 642
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24 (legislative day, September 17), 2008
Received
October 2 (legislative day, September 17), 2008
Read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
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:
LORRAINE C. MILLER,
Clerk.