Benjamin Franklin National Memorial Commemorative Medal and Fire Service Bill of Rights Act
PL 102-406 (H.R.2448), enacted 10/12/1992

106 STAT. 1986 
PUBLIC LAW 102-406—OCT. 12, 1992 
Public Law 102-406 
102d Congress 
An Act 
Oct. 12, 1992 
To provide for the minting of medals in commemoration of Bei^jamin Franklin 
[H.R. 2448] 
and to enact a fire service bill of rights. 
Be it enacted by the Senate and House of Representatives 
of 
Benjamin 
the United States of America in Congress assembled, 
N^Tona" 
SECTION 1. SHORT TITLE. 
afmmemlrative 
'^^^ ^^^ "^^^ ^^ ^^^^ ^^ ^^® "Benjamin Franklin National 
Medal and Fire 
Memorial Commemorative Medal and Fire Service Bill of Rights 
Service Bill of 
Act". 
fl USclfil 
SEC. 2. FINDINGS. 
?i*usc 5111 
'^^® Congress makes the following findings: 
note 
^^^ America's fire services should be acknowledged as our 
first responder to domestic emergencies. 
(2) Members of America's fire services deserve every protec-
tion from the dangers associated with emergency response. 
(3) Family members of those in the fire services should 
be provided for in the event of the service-connected loss or 
disability of any member of a fire service. 
(4) Members of fire services should be educated in the 
latest fire and life safety sciences, and should have access 
to ongoing training programs to be able to take full advantage 
of the latest information. 
(5) Fire services should be provided with state-of-the-art 
equipment and apparatus to handle all emergency situations. 
(6) America's fire services deserve to have access to up-
to-date fire and life safety programs to enable them to protect 
the public with minimal risk to the safety of their members. 
(7) Responding fire services have a right to know the kind 
of danger presented by hazardous materials they face in all 
emergency responses. 
(8) Fire services should be fully informed of the threat 
of infectious diseases their members face during the course 
of life safety activities. 
(9) America's fire services have the right to expect that 
the American people will be full partners in the struggle to 
preserve life and property from the ravages of fire and other 
disasters. 
(10) The history of American fire services and the sacrifices 
their members have made to protect lives and property in 
communities across the Nation deserve to be commemorated 
and honored. 
(11) A commemorative medal would help recognize the 
achievements and needs of America's fire services. 
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SEC. 3. AUTHORIZATION. 
(a) ISSUANCE.—^The Secretary of the Treasury (in this title 
referred to as the "Secretary") shall issue not more than 1,500,000 
medals each of which shall contain 1 ounce of silver. 
PUBLIC LAW 102-406—OCT. 12, 1992 
106 STAT. 1987 
(b) DESIGN.—^The design of the medals shall contain suitable 
emblems, devices, and inscriptions in commemoration of Benjamin 
Franklin's contributions to the American Fire Service. Such design 
shall be selected by the Secretary after consultation with the Chair-
man of the Benjamin Franklin National Memorial at the Franklin 
Institute, the Chairman of the Congressional Fire Services Institute, 
and the Chairman of the Commission of Fine Arts. 
(c) NATIONAL MEDALS.—^The medals issued under subsection 
(a) are national medals for purposes of chapter 51 of title 31, 
United States Code. 
SEC. 4. SOURCES OF BULUON. 
31 USC 5111 
The Secretary shall obtain silver for the medals authorized 
under section 3 from stockpiles established under the Strategic 
and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). 
SEC. 5. SALE OF MEDALS. 
31 USC 5111 
(a) IN GENERAL.—^The medals authorized under section 3 shall 
be sold by the Secretary at a price equal to the cost of production, 
plus the cost of designing and issuing such medals (including labor, 
materials, dies, use of machinery, and overhead expenses), and 
the surcharge provided for in subsection (d). 
(b) BULK SALES.—The Secretary shall make bulk sales of the 
medals authorized under section 3 at a reasonable discoiuit. 
(c) PREPAID ORDERS.—^The Secretary shall accept prepaid orders 
for the medals authorized under section 3 prior to the issuance 
of such medals. Sales under this subsection shall be at a reasonable 
discount to reflect the beneflt of prepayment. 
(d) SURCHARGES.—^All sales of the medals authorized imder 
section 3 shall include a surcharge of $15 per medal. 
SEC. 6. MARKETING. 
31 USC 
5111 
The Secretary shall develop a domestic marketing program 
to promote and sell the medals authorized under section 3 in 
the United States. 
SEC. 7. ISSUANCE OF MEDALS. 
31 USC 5111 
(a) IN GENERAL.—^The medals authorized under section 3 may 
be issued in uncirculated and proof qualities, except that not more 
than 1 facility of the United States Mint may be used to strike 
any particular quality. 
(b) COMMENCEMENT OF ISSUANCE.—The Secretary may issue 
the medals authorized under section 3 beginning on July 1, 1993. 
(c) TERMINATION OF AUTHORITY.—^No medals authorized under 
section 3 may be minted after June 30,1994. 
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. 
31 USC 5111 
(a) IN GENERAL.—Except as provided in subsection (b), no provi-
sion of law governing procurement or public contracts shall be 
applicable to the procurement of goods or services necessary for 
issuing the medals authorized under section 3. 
(b) EQUAL EMPLOYMENT OPPORTUNITY.—Subsection (a) shall 
not relieve any person entering into a contract under the authority 
of this title from compljdng with any law relating to equal employ-
ment opportunity. 
59-194 O—93 
7:QL3(Pt. 3) 
106 STAT. 1988 
PUBLIC LAW 102-406—OCT. 12, 1992 
31 use 5111 
SEC. 9. DISTRIBUTION OF SURCHARGES. 
(a) IN GENERAL.—Except as provided in section 11, all sur-
charges described in section 5(d) which are received by the Secretary 
shall be promptly paid by the Secretary as follows: 
(1) AMOUNTS PAID FOR THE BENJAMIN FRANKLIN NATIONAL 
MEMORIAL.—Subject to section 10, the Secretary shall pay to 
the Franklin Institute (custodian of the Benjamin FranJdin 
National Memorial) 12.5 percent of the amount of such sur-
charges received. Such amounts shall be used— 
(A) to restore and renovate the Benjamin Franklin 
National Memorial (in this section referred to as the 
"Memorial"); 
(B) for exhibits and programs in the Memorial or in 
the adjoining areas of the Franklin Institute relating to 
the Memorial, Benjamin Franklin, or to science and edu-
cation; 
(C) for funds for the acguisition and preservation of 
artifacts relating to Benjamin Franklin; and 
(D) to establish, in consultation with the Secretary 
of the Interior, an endowment in an amount determined 
sufficient for the Memorial, to ensure the continued upkeep 
and maintenance of the Memorial. 
(2) AMOUNTS PAID FOR OTHER PURPOSES.—Subject to section 
10, the Secretary shall pay, of the amount of the surcharges 
received— 
(A) 12.5 percent to the Institute of Life Safety Tech-
nology and Emergency Management Education to provide 
grants to colleges and universities for fire training courses 
at no cost to participants (such Institute shall not require 
the use of specific course materials as a condition for the 
receipt of a grant by a college or university); 
(B) 12.5 percent to the International Association of 
Fire Chiefs Foundation to award scholarships for college 
level courses in fire science, engineering, and related fields; 
(C) 12.5 percent to the Intemational Association of 
Fire Fighters Burn Foundation for bum injury research 
at hospital burn centers and other qualified medical 
research organizations; 
(D) 12.5 percent to the National Fire Protection 
Associations* Learn Not To Burn Foundation to deliver 
public education programs and resources to low income 
residents in rural and urban communities which have high 
fire injury and death rates; 
(E) 12.5 percent to the National Volunteer Fire Council 
Foundation to establish and maintain programs to promote 
the health and safety of all firefighters; 
(F) 12.5 percent to the National Association of Stete 
Fire Marshals to establish and maintein the "John Heinz 
Memorial Scholarship Fund" to provide educational schol-
arships to the surviving children and spouses of fallen 
firefighters and emergency medical personnel as qualified 
under the Public Safety Officers Benefit Program; and 
(G) 12.5 percent to the Intemational Association of 
Arson Investigators Educational Foundation to design and 
maintain arson prevention programs. 
(b) AVAILABILITY OF LIST OF SURVIVING CHILDREN AND SPOUSES 
TO NATIONAL ASSOCIATION OF STATE FIRE MARSHALS.—For purposes 
PUBLIC LAW 102-406—OCT. 12, 1992 
106 STAT. 1989 
of providing educational scholarships described in subsection 
(aX2)(F), the Attorney Greneral shall make a list of surviving chil-
dren and spouses referred to in such subsection available to the 
National Association of State Fire Marshals on a timely basis. 
SEC. 10. AUDITS. 
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(a) FRANKLIN INSTITUTE.—As a condition for receiving the pro-
ceeds of the surcharges pursuant to section 9(aXl), the Franklin 
Institute shall allow the Comptroller General to examine such 
books, records, docimients, and other data of the Institute as may 
be related to the expenditure of amounts paid, and the management 
and expenditures of the endowment established under subpara-
graph (F) of such section. 
(b) INSTITUTE OF LIFE SAFETY TECHNOLOGY AND EMERGENCY 
MANAGEMENT EDUCATION, NATIONAL ASSOCIATION OF STATE FIRE 
MARSHALS, AND THE FIVE FIRE SERVICE FOUNDATIONS.—As a condi-
tion for receiving the proceeds of the surcharges pursueint to section 
9(aX2), the Institute of Life Safety Technology and Emergency 
Management Education, the National Association of State Fire Mar-
shals, and the 5 fire service foundations described in subparagraphs 
(B), (C), (D), (E), and (G) of section 9(aX2), shall allow the Comptrol-
ler General to examine such books, records, documents, and other 
data as may be related to the expenditure of amoimts paid. 
(c) ADMINISTRATIVE, OVERHEAD, OR OTHER EXPENSES PROHIB-
ITED.—No funds received imder section 9, and no interest accruing 
on any such funds, may be used for administrative purposes, over-
head expenses, or for any other purpose not described in such 
section. 
SEC. 11. FINANCIAL ASSURANCES. 
31 USC 5111 
(a) No NET COST TO THE GOVERNMENT.—The Secretary shall "
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take all actions necessary to ensure that the issuance of the medals 
authorized under section 3 shall result in no net cost to the Federal 
Government. 
(b) RECOVERY OF COSTS TO FEDERAL GOVERNMENT.— 
(1) RELEASE OF SURCHARGES UPON RECEIPT OF FUNDS.— 
The Secretary shall not distribute the amount of any surcharge 
under section 9 imtil the Secretary has received funds, either 
from the sale of medals authorized under this Act or from 
private donations, sufficient to ensiure that the issuance of 
medals under this Act shall result in no net cost to the Federal 
Government. 
(2) RECOVERY OF EXPENSES FROM SURCHARGES.—If all costs 
to the Federal Grovemment in connection with the issuance 
of medals under this Act are not recovered from the sale of 
such medals or from private donations as of the termination 
of the program in accordance with section 7, the Secretary 
shall reduce the amount of the surcharges retained pursuant 
to paragraph (1) by the amoimt of such shortfall and apply 
such amoimt to tiie cost of issuing such medals. 
(3) DISTRIBUTION OF BALANCE OF SURCHARGES.—Any sur-
charges remaining after any reduction in the amount of such 
surcharges pursuant to paragraph (2) shall be distributed in 
accordance with section 9. 
(c) PAYMENT FOR MEDALS.—^No medal authorized under section 
3 shall be issued unless the Secretary has received— 
(1) full pajrment, as determined imder section 5; 
106 STAT. 1990 
PUBLIC LAW 102-406—OCT. 12, 1992 
(2) security satisfactory to the Secretary to indemnify the 
United States for full payment; or 
(3) a guarantee of full payment satisfactory to the Secretary 
from a depository institution whose deposits are insured by 
the Federal Deposit Insurance Corporation or the National 
Credit Union Administration Board. 
Approved October 12, 1992. 
LEGISLATIVE HISTORY—H.R. 2448: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 3, considered and passed House. 
Oct. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 12, Presidential remarks.