Text: H.R.4098 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4098 IH
101st CONGRESS
2d Session
 H. R. 4098
To provide for the minting of coins in commemoration of the bicentennial of
the death of Benjamin Franklin and to enact a fire service bill of rights
and programs to fulfill those rights.
IN THE HOUSE OF REPRESENTATIVES
February 22, 1990
Mr. WELDON (for himself, Mr. GRAY, Mr. WALGREN, Mr. BOEHLERT, Mr. ROE,
Mr. WALKER, Mr. ACKERMAN, Mr. AKAKA, Mr. ANNUNZIO, Mr. ANTHONY,
Mr. APPLEGATE, Mr. ARMEY, Mr. AUCOIN, Mr. BAKER, Mr. BALLENGER, Mr. BARTON
of Texas, Mr. BATEMAN, Mrs. BENTLEY, Mr. BEREUTER, Mr. BEVILL, Mr. BILBRAY,
Mr. BILIRAKIS, Mr. BLILEY, Mr. BORSKI, Mr. BOSCO, Mr. BOUCHER, Mr. BRENNAN,
Mr. BROOMFIELD, Mr. BROWDER, Mr. BROWN of Colorado, Mr. BROWN of California,
Mr. BRUCE, Mr. BRYANT, Mr. BUECHNER, Mr. BUNNING, Mr. BURTON of Indiana,
Mr. BUSTAMANTE, Mrs. BYRON, Mr. CALLAHAN, Mr. CAMPBELL of California,
Mr. CAMPBELL of Colorado, Mr. CARPER, Mr. CHANDLER, Mr. CHAPMAN, Mr. COBLE,
Mr. COLEMAN of Texas, Mrs. COLLINS, Mr. CONTE, Mr. COSTELLO, Mr. COUGHLIN,
Mr. COURTER, Mr. COYNE, Mr. CRAIG, Mr. CROCKETT, Mr. DANNEMEYER, Mr. DARDEN,
Mr. DAVIS, Mr. DELLUMS, Mr. DERRICK, Mr. DICKS, Mr. DORNAN of California,
Mr. DOUGLAS, Mr. DOWNEY, Mr. DREIER of California, Mr. DUNCAN, Mr. DWYER
of New Jersey, Mr. DYSON, Mr. EDWARDS of Oklahoma, Mr. EMERSON, Mr. ENGEL,
Mr. EVANS, Mr. FAUNTROY, Mr. FAWELL, Mr. FAZIO, Mr. FIELDS, Mr. FOGLIETTA,
Mr. FROST, Mr. FUSTER, Mr. GALLEGLY, Mr. GALLO, Mr. GAYDOS, Mr. GEJDENSON,
Mr. GEKAS, Mr. GEREN, Mr. GILMAN, Mr. GINGRICH, Mr. GONZALEZ, Mr. GOODLING,
Mr. GORDON, Mr. GRANDY, Mr. GRANT, Mr. GUNDERSON, Mr. HAMILTON, Mr. HANCOCK,
Mr. HANSEN, Mr. HASTERT, Mr. HARRIS, Mr. HAYES of Louisiana, Mr. HEFLEY,
Mr. HERGER, Mr. HERTEL, Mr. HOCHBRUECKNER, Mr. HOLLOWAY, Mr. HOPKINS,
Mr. HORTON, Mr. HOYER, Mr. HUBBARD, Mr. HUCKABY, Mr. HUGHES, Mr. HUNTER,
Mr. HYDE, Mr. INHOFE, Mr. IRELAND, Mrs. JOHNSON of Connecticut, Mr. JOHNSON
of South Dakota, Mr. JONES of Georgia, Mr. JONES of North Carolina, Mr. JONTZ,
Mr. KANJORSKI, Mr. KASICH, Mr. KENNEDY, Mrs. KENNELLY, Mr. KILDEE, Mr. KOLBE,
Mr. KOLTER, Mr. KOSTMAYER, Mr. KYL, Mr. LAGOMARSINO, Mr. LANCASTER,
Mr. LANTOS, Mr. LAUGHLIN, Mr. LEATH of Texas, Mr. LEHMAN of Florida,
Mr. LENT, Mr. LEWIS of California, Mr. LEWIS of Georgia, Mr. LIGHTFOOT,
Mr. LIVINGSTON, Ms. LONG, Mrs. LOWEY of New York, Mr. DONALD E. LUKENS,
Mr. MACHTLEY, Mr. MADIGAN, Mr. MANTON, Mr. MARLENEE, Mr. MARTIN of New
York, Mrs. MARTIN of Illinois, Mr. MATSUI, Mr. MAVROULES, Mr. MAZZOLI,
Mr. MCCLOSKEY, Mr. MCCOLLUM, Mr. MCCRERY, Mr. MCDADE, Mr. MCEWEN,
Mr. MCGRATH, Mr. MCMILLAN of North Carolina, Mr. MCNULTY, Mrs. MEYERS of
Kansas, Mr. MICHEL, Mr. MILLER of Ohio, Mr. MINETA, Mr. MFUME, Mr. MOLLOHAN,
Mr. MONTGOMERY, Mr. MOORHEAD, Mrs. MORELLA, Mr. MURPHY, Mr. MURTHA, Mr. NAGLE,
Mr. NEAL of North Carolina, Mr. NELSON of Florida, Mr. NIELSON of Utah,
Mr. NOWAK, Mr. PACKARD, Mr. PALLONE, Mr. PARKER, Mr. PARRIS, Mr. PASHAYAN,
Mr. PAYNE of New Jersey, Mr. PAYNE of Virginia, Mr. PENNY, Mr. PERKINS,
Mr. PICKLE, Mr. POSHARD, Mr. PURSELL, Mr. QUILLEN, Mr. RANGEL, Mr. RAVENEL,
Mr. RHODES, Mr. RICHARDSON, Mr. RIDGE, Mr. RINALDO, Mr. RITTER, Mr. ROBINSON,
Mr. ROHRABACHER, Ms. ROS-LEHTINEN, Mrs. ROUKEMA, Mr. ROWLAND of Connecticut,
Mr. RUSSO, Mrs. SAIKI, Mr. SAWYER, Mr. SAXTON, Mr. SCHAEFER, Mr. SCHEUER,
Mr. SCHIFF, Mr. SCHUETTE, Mr. SHAYS, Mr. SHARP, Mr. SHUMWAY, Mr. SHUSTER,
Mr. SIKORSKI, Mr. SISISKY, Mr. SKAGGS, Mr. SKEEN, Mr. SKELTON, Mr. SLATTERY,
Ms. SLAUGHTER of New York, Mr. SLAUGHTER of Virginia, Mr. SMITH of New Jersey,
Mr. DENNY SMITH, Mr. SMITH of Texas, Mr. SMITH of New Hampshire, Mr. ROBERT
F. SMITH, Mr. SMITH of Vermont, Mrs. SMITH of Nebraska, Mr. SOLOMON,
Mr. SPENCE, Mr. SPRATT, Mr. STALLINGS, Mr. STANGELAND, Mr. STEARNS,
Mr. STENHOLM, Mr. STUDDS, Mr. STUMP, Mr. SUNDQUIST, Mr. SWIFT, Mr. TALLON,
Mr. TAUKE, Mr. TAYLOR, Mr. THOMAS of Wyoming, Mr. TORRICELLI, Mr. TOWNS,
Mr. TRAFICANT, Mrs. UNSOELD, Mr. UPTON, Mr. VALENTINE, Mr. VANDER JAGT,
Mr. VENTO, Mr. VOLKMER, Mrs. VUCANOVICH, Mr. WALSH, Mr. WEBER, Mr. WHEAT,
Mr. WHITTAKER, Mr. WHITTEN, Mr. WILSON, Mr. WISE, Mr. WOLF, Mr. WOLPE,
Mr. WYDEN, Mr. WYLIE, Mr. YATRON, and Mr. YOUNG of Alaska) introduced the
following bill; which was referred jointly to the Committees on Banking,
Finance and Urban Affairs and Science, Space, and Technology
A BILL
To provide for the minting of coins in commemoration of the bicentennial of
the death of Benjamin Franklin and to enact a fire service bill of rights
and programs to fulfill those rights.
  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 `Benjamin Franklin Memorial Fire Service Bill
  of Rights Act'.
TITLE I--MINTING OF BENJAMIN FRANKLIN NATIONAL MEMORIAL COMMEMORATIVE COIN
SEC. 101. SHORT TITLE.
  This title may be cited as the `Benjamin Franklin National Memorial
  Commemorative Coin Act'.
SEC. 102. COIN SPECIFICATIONS.
  (a) Five Dollar Gold Coins-
  (1) ISSUANCE- The Secretary of the Treasury (hereinafter in this title
  referred to as the `Secretary') shall issue not more than 1,000,000 five
  dollar coins each of which shall--
  (A) weigh 8.359 grams;
  (B) have a diameter of 0.850 inches; and
  (C) contain 90 percent gold and 10 percent alloy.
  (2) DESIGN- The design of the five dollar coins shall be emblematic of the
  bicentennial of the death of Benjamin Franklin. On each five dollar coin
  there shall be a designation of the value of the coin, an inscription of
  the year `1990' and inscriptions of the words `Liberty', `In God We Trust',
  `United States of America', and `E Pluribus Unum'.
  (b) One Dollar Silver Coins-
  (1) ISSUANCE- The Secretary shall issue not more than 10,000,000 one dollar
  coins each of which shall--
  (A) weigh 26.73 grams;
  (B) have a diameter of 1.500 inches; and
  (C) contain 90 percent silver and 10 percent copper.
  (2) DESIGN- The design of the one dollar coins shall be emblematic of the
  role Benjamin Franklin played as the founder of the fire service in the
  United States. On each one dollar coin there shall be a designation of the
  value of the coin, an inscription of the year `1990' and inscriptions of
  the words `Liberty', `In God We Trust', `United States of America', and
  `E Pluribus Unum'.
  (c) Half Dollar Clad Coins-
  (1) ISSUANCE- The Secretary shall issue not more than 10,000,000 half
  dollar coins which shall--
  (A) weigh 11.34 grams;
  (B) have a diameter of 1.205 inches; and
  (C) be minted to the specifications for half dollar coins contained in
  section 5112(b) of title 31, United States Code.
  (2) DESIGN- The design of the half dollar coins shall be emblematic of
  the contributions of Benjamin Franklin to the United States. On each
  half dollar coin there shall be a designation of the value of the coin,
  an inscription of the year `1990', and inscriptions of the words `Liberty',
  `In God We Trust', `United States of America', and `E Pluribus Unum'.
  (d) LEGAL TENDER- The coins issued under this title shall be legal tender
  as provided in section 5103 of title 31, United States Code.
SEC. 103. SOURCES OF BULLION.
  (a) SILVER- The Secretary shall obtain silver for the coins minted under
  this title from stocks of silver held by the Secretary or from any other
  federally owned stocks of silver.
  (b) GOLD- The Secretary shall obtain gold for the coins minted under this
  title pursuant to the authority of the Secretary under existing law.
SEC. 104. DESIGN OF THE COINS.
  The design for each coin authorized by this title shall be selected
  by the Secretary after consultation with the Chairman 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.
SEC. 105. SALE OF THE COINS.
  (a) IN GENERAL- Notwithstanding any other provision of law, the coins issued
  under this title shall be sold by the Secretary at a price equal to the
  face value, plus the cost of designing and issuing such coins (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 at a reasonable discount
  to reflect the lower costs of such sales.
  (c) PREPAID ORDERS- The Secretary shall accept prepaid orders for the coins
  prior to the issuance of such coins. Sales under this subsection shall be
  at a reasonable discount to reflect the benefit of prepayment.
  (d) SURCHARGES- All sales shall include a surcharge of $35 per coin for
  the five dollar coins, $7 per coin for the one dollar coins, and $2 for
  the half dollar coins.
SEC. 106. ISSUANCE OF THE COINS.
  (a) FIVE DOLLAR COINS- The gold coins authorized by this title shall be
  issued in uncirculated and proof quality and shall be struck at no more
  than one facility of the United States Mint.
  (b) ONE DOLLAR AND HALF DOLLAR COINS- The one dollar and half dollar
  coins authorized under this title may be issued in uncirculated and proof
  qualities, except that not more than one facility of the United States Mint
  may be used to strike any particular combination of denomination and quality.
  (c) COMMENCEMENT OF ISSUANCE- The Secretary may issue the coins minted
  under this title beginning on January 1, 1990.
  (d) TERMINATION OF AUTHORITY- No coins shall be minted under this title
  after December 31, 1991.
SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
  (a) IN GENERAL- Except as provided in subsection (b), no provision of
  law governing procurement or public contracts shall be applicable to the
  procurement of goods or services necessary for carrying out the provisions
  of this title.
  (b) EQUAL EMPLOYMENT OPPORTUNITY- Subsection (a) shall not relieve any
  person entering into a contract under the authority of this title from
  complying with any law relating to equal employment opportunity.
SEC. 108. DISTRIBUTION OF SURCHARGES.
  All surcharges described in section 105(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 109, the Secretary shall pay to the Franklin Institute (custodian
  of the Benjamin Franklin National Memorial) 25 percent of the amount of
  such surcharges so received. Such amounts shall be used--
  (A) to restore and renovate the Benjamin Franklin National Memorial
  (hereafter in this section referred to as the `Memorial');
  (B) to construct or renovate areas adjacent to the Memorial relating to
  the various interests of Benjamin Franklin, such as science, education,
  and government;
  (C) for exhibits in the Memorial or in the adjoining areas of the Franklin
  Institute relating to the Memorial, Benjamin Franklin, or to science
  and education;
  (D) for capital funds for construction of access, parking, and facilities
  related to the Memorial;
  (E) for funds for the acquisition and preservation of artifacts relating
  to Benjamin Franklin; and
  (F) to establish an endowment in an amount determined sufficient for the
  Memorial, in consultation with the Secretary of the Interior, to ensure
  the continued upkeep and maintenance of the Memorial.
  (2) AMOUNTS PAID UNDER TITLE II- The Secretary shall pay, of the amount
  of the surcharges so received--
  (A) 25 percent to the National Fire Center and Museum Account of the
  Firefighter Assistance Trust Fund established pursuant to section 207;
  (B) 7 percent to the National Hero Scholarship Account of that Trust Fund;
  (C) 3 percent to the Firefighter Tuition Assistance Account of that
  Trust Fund;
  (D) 30 percent to the Hazardous Materials Response Computer Account of
  that Trust Fund;
  (E) 8 percent to the Research and Education Account of that Trust Fund; and
  (F) 2 percent to the Burn Research Grant Account of that Trust Fund.
SEC. 109. AUDITS.
  As a condition for receiving the proceeds of the surcharges pursuant to
  section 108(1), the Franklin Institute (custodian of the Benjamin Franklin
  National Memorial) shall allow the Comptroller General to examine such books,
  records, documents, and other data of the Memorial as may be related to
  the expenditure of amounts paid, and the management and expenditures of
  the endowment established, under paragraph (1)(F) of section 108.
SEC. 110. FINANCIAL ASSURANCES.
  (a) NO NET COST TO THE GOVERNMENT- The Secretary shall take all actions
  necessary to ensure that the issuance of the coins authorized by this
  title shall result in no net cost to the United States Government.
  (b) PAYMENT FOR COINS- No coin shall be issued under this title unless
  the Secretary has received--
  (1) full payment therefor;
  (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.
TITLE II--FIRE SERVICE BILL OF RIGHTS
SEC. 201. SHORT TITLE.
  This title may be referred to as the `Fire Service Bill of Rights Act'.
SEC. 202. FIRE SERVICE BILL OF RIGHTS.
  Section 2 of the Federal Fire Prevention and Control Act of 1974 (15
  U.S.C. 2201) is amended--
  (1) by inserting `(a) IN GENERAL- ' before `The Congress'; and
  (2) by adding at the end the following:
  `(b) Fire Service Bill of Rights-
  `(1) America's fire services should be acknowledged as our first responder
  to domestic emergencies.
  `(2) Members of America's fire services deserve every protection 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.
  `(c) NO PRIVATE RIGHT OF ACTION- Nothing in subsection (b) shall create
  any private right of action in any person under this or any other Act.'.
SEC. 203. ESTABLISHMENT OF NATIONAL FIRE CENTER AND MUSEUM.
  The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
  seq.) is amended by adding at the end the following:
`SEC. 28. NATIONAL FIRE CENTER AND MUSEUM.
  `(a) IN GENERAL- There is established the National Fire Center and Museum,
  which shall be a private nonprofit corporation and not an agency or
  instrumentality of the United States. The Museum shall be operated by
  the Board of Directors appointed pursuant to subsection (b). The Federal
  Government shall not be responsible for the operation and maintenance of
  the Museum.
  `(b) Board of Directors-
  `(1) IN GENERAL- Except as provided in paragraph (2), the Administrator
  shall, within 6 months after the date of enactment of the Fire Service Bill
  of Rights Act, appoint 8 persons to the Board of Directors, who shall serve
  without pay or compensation of any kind. The term of each director appointed
  by the Administrator shall be 4 years, except that one-half of the directors
  first appointed shall serve terms of 2 years, and directors appointed to
  replace a director whose term has not expired shall be appointed to serve
  out the remainder of such unexpired term. In making appointments to the
  Board, the Administrator shall ensure that representatives from national
  fire service organizations and businesses associated with fire protection
  and safety are included on the Board. Except as provided in paragraph (2),
  no director shall be an employee of the United States.
  `(2) EX OFFICIO MEMBERS- The Chairman of the Congressional Fire Services
  Institute shall serve as the Chairman of the Board. The Administrator
  shall serve as a nonvoting member of the Board.
  `(c) CURATOR- The Board of Directors shall appoint, and fix the pay of,
  a curator. The Curator shall--
  `(1) be responsible for the administration of the Museum; and
  `(2) make an annual report to the Board of Directors regarding the
  administration and operation of the Museum.
  `(d) FUNCTIONS OF THE MUSEUM- The Board of Directors shall ensure that
  the Museum provides--
  `(1) a depiction of the history of firefighting and related emergency
  services and professions in the United States;
  `(2) information to fire services and the public relating to the
  responsibilities of and technology used by fire services;
  `(3) a library of technical and general information about fire services
  and safety; and
  `(4) other services or displays the Board of Directors determines is
  beneficial to the operation of the Museum.
  `(e) LOCATION OF MUSEUM- The Museum shall be located in the District
  of Columbia.'.
SEC. 204. ESTABLISHMENT OF NATIONAL HERO SCHOLARSHIP.
  The Federal Fire Prevention and Control Act of 1974, as amended by section
  203 of this title, is further amended by adding at the end the following:
`SEC. 29. ESTABLISHMENT OF NATIONAL HERO SCHOLARSHIP.
  `(a) IN GENERAL- In any case in which a benefit is paid pursuant to section
  1201(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
  U.S.C. 3796(a)) after the date of enactment of this section to a child,
  spouse, or dependent parent of a deceased firefighter, the Administrator
  may grant scholarships to any such child, spouse, or dependent parent
  for study and training at institutions of higher education upon their
  enrollment in such a program.
  `(b) Limitations on Scholarships-
  `(1) IN GENERAL- The limitations on paying benefits contained in section 1202
  of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a)
  shall apply with respect to the granting of scholarships under this section.
  `(2) AMOUNT OF SCHOLARSHIP- The Administrator shall issue regulations
  establishing the amount to be paid in connection with the scholarships
  awarded each year under this section. All awards made in any one year under
  this section shall be of equal size, except that no scholarship awarded
  under this section shall be in an amount that exceeds the cost of tuition,
  fees, room, and board for the recipient for that year. No individual may
  receive scholarships under this section for more than 4 years.
  `(c) AMOUNTS PAID AS SCHOLARSHIPS NOT COUNTED AS INCOME- Any amount paid
  under this section shall not be counted as income for the purpose of
  any need-based scholarship or tuition assistance program provided by the
  United States.'.
SEC. 205. ESTABLISHMENT OF TUITION ASSISTANCE RELATING TO THE STUDY OF FIRE
PROTECTION AND SCIENCE.
  The Federal Fire Prevention and Control Act of 1974, as amended by
  preceding sections of this title, is further amended by adding at the end
  the following:
`SEC. 30. ESTABLISHMENT OF SCHOLARSHIPS FOR FIREFIGHTERS.
  `(a) IN GENERAL- The Administrator may award scholarships to individuals
  for study in a field relating to fire safety or protection at an institution
  of higher education.
  `(b) APPLICATION AND NOMINATION- A scholarship may not be made under this
  section unless an application or nomination is made to the Administrator
  at such time and in such manner as the Administrator may require by
  regulation. An application shall be submitted by an individual desiring a
  scholarship under this section and a nomination shall be submitted by an
  organization listed in subsection (e).
  `(c) ELIGIBILITY- Scholarships awarded under this section shall continue
  during the time the individual remains in that program in academic standing
  satisfactory to the Administrator. The Administrator shall determine
  by regulation--
  `(1) the type and content of the programs in which an individual must be
  enrolled in order to qualify for a scholarship; and
  `(2) the standards relating to satisfactory academic standing.
  `(d) AMOUNT OF SCHOLARSHIP- The Administrator shall issue regulations
  establishing the amount to be paid in connection with the scholarships
  awarded each year under this section. All awards made in any one year under
  this section shall be of equal size, except that no scholarship awarded
  under this section shall be in an amount that exceeds the cost of tuition,
  fees, room, and board for the recipient for that year. No individual may
  receive scholarships under this section for more than 4 years.
  `(e) NOMINATING ORGANIZATIONS- The organizations referred to in subsection
  (b) are--
  `(1) the International Association of Fire Chiefs;
  `(2) the International Association of Fire Fighters;
  `(3) the International Society of Fire Service Instructors;
  `(4) the International Association of Black Professional Fire Fighters;
  `(5) the National Volunteer Fire Council;
  `(6) the National Fire Protection Association; and
  `(7) other organizations concerned with fire protection and safety as
  determined by the Administrator.'.
SEC. 206. RESEARCH AND EDUCATION ACCOUNT.
  The Federal Fire Prevention and Control Act of 1974, as amended by
  preceding sections of this title, is further amended by adding at the end
  the following:
`SEC. 31. RESEARCH AND EDUCATION ACCOUNT.
  `The Administrator may use amounts in the Research and Education Account
  of the Fund established under section 32 to fund activities under sections
  6, 8, 9, 18, and 24, except for salaries and administrative expenses,
  and activities under sections 211 and 212 of the Fire Service Bill of
  Rights Act.'.
SEC. 207. ESTABLISHMENT OF FIREFIGHTER ASSISTANCE TRUST FUND.
  The Federal Fire Prevention and Control Act of 1974, as amended by
  preceding sections of this title, is further amended by adding at the end
  the following:
`SEC. 32. ESTABLISHMENT OF FIREFIGHTER ASSISTANCE TRUST FUND.
  `(a) Creation of Trust Fund-
  `(1) IN GENERAL- There is established in the Treasury of the United States
  a trust fund to be known as the `Firefighter Assistance Trust Fund'.
  `(2) ACCOUNTS IN TRUST FUND- The Fund shall consist of--
  `(A) a National Fire Center and Museum Account for funding activities
  under section 28;
  `(B) a National Hero Scholarship Account for funding activities under
  section 29;
  `(C) a Firefighter Tuition Assistance Account for funding activities under
  section 30;
  `(D) a Research and Education Account for funding activities under
  section 31;
  `(E) a Hazardous Materials Response Computer Account for funding activities
  under section 209 of the Fire Service Bill of Rights Act; and
  `(F) a Burn Research Grant Account for funding activities under section
  210 of the Fire Service Bill of Rights Act.
  `(b) PROVISION OF FUNDS TO ACCOUNTS- Each such account shall consist only
  of such amounts as may be--
  `(1) deposited in it from amounts made as donations;
  `(2) deposited in it as provided in section 108(2) of the Benjamin Franklin
  National Memorial Commemorative Coin Act; or
  `(3) acquired in connection with management activities pursuant to subsection
  (c).
  `(c) MANAGEMENT OF TRUST FUND- Section 9602(b) of the Internal Revenue
  Code of 1986 (relating to the management of trust funds) shall apply with
  respect to the Fund.
  `(d) Expenditures From Accounts-
  `(1) INITIAL EXPENDITURES- In the first fiscal year beginning after the
  expiration of one year after the date that coins are first issued under
  title I of the Benjamin Franklin Memorial Fire Service Bill of Rights Act,
  an amount not to exceed--
  `(A) the interest and 40 percent of the principal from the account
  established under subsection (a)(2)(A) shall be available, as provided by
  appropriation Acts, to establish and operate the Museum;
  `(B) the interest and principal from the accounts established under
  subparagraph (F) of subsection (a)(2) shall be available, as provided by
  appropriation Acts, to carry out section 210 of the Fire Service Bill of
  Rights Act; and
  `(C) the interest earned from the accounts established under subparagraphs
  (B), (C), and (D) of subsection (a)(2) shall be available, as provided
  by appropriation Acts, to carry out sections 29 through 31, respectively,
  of this Act.
  `(2) SUCCEEDING YEARS EXPENDITURES- In the fiscal years after the fiscal
  year described in paragraph (1), an amount equal to the interest earned from
  the accounts established under subparagraphs (A) through (D) of subsection
  (a)(2) shall be available, as provided by appropriation Acts, to carry out
  sections 28 through 31, respectively, of this Act, and as provided in section
  209 of the Benjamin Franklin Memorial Fire Service Bill of Rights Act.'.
SEC. 208. PLACING NATIONAL FIRE ACADEMY WITHIN THE FIRE ADMINISTRATION.
  (a) AMENDMENT- Section 7(a) of the Federal Fire Prevention and Control Act of
  1974 (15 U.S.C. 2206(a)) is amended by inserting `within the Administration'
  after `establish'.
  (b) TECHNICAL AMENDMENT- Section 17(g)(1)(C) of the Federal Fire Prevention
  and Control Act of 1974 is amended by inserting `, to the Administrator
  of the United States Fire Administration,' after `$18,464,000'.
SEC. 209. HAZARDOUS MATERIALS ACCIDENT RESPONSE EQUIPMENT.
  (a) NOTICE TO STATES- By October 1 of the first full fiscal year after
  $25,000,000 is accumulated in the Hazardous Materials Response Computer
  Account the Administrator shall notify each State fire marshal of--
  (1) the procedures for obtaining funds under this section;
  (2) specifications regarding the types and configurations of computer
  equipment that may be acquired with such funds; and
  (3) the amount of funds that will be available for such purposes in that
  fiscal year.
  (b) STATE PROPOSAL AND REQUIREMENTS- In order to obtain funds under this
  section, a State shall submit to the Administrator a proposal describing the
  method of notifying all fire services of the availability of such funds, the
  distribution of the funds by the State, and the purposes for which the funds
  will be used. In allocating funds, a State shall consider the availability
  to a fire service of existing equipment, alternative sources of funding,
  and the population to be served. Funds provided under this section shall
  be used exclusively to obtain equipment under this section for local fire
  services, and shall not be used for administrative expenses. Every fire
  service in a State desiring funding under this section shall be distributed
  funds by the State.
  (c) ALLOCATION OF FUNDS- The Administrator shall allocate funds available
  for carrying out this section among the States on the basis of population, to
  be distributed before the end of the fiscal year described in subsection (a).
  (d) REMAINING FUNDS- Any funds provided to a State but not used as provided
  in this section shall be returned to the Administrator for deposit into the
  National Hero Scholarship Account. Any funds in the Hazardous Materials
  Response Computer Account not appropriated for use under this section
  shall be deposited into the National Hero Scholarship Account.
SEC. 210. BURN RESEARCH AND EDUCATION GRANT.
  (a) IN GENERAL- The Administrator shall make a grant for medical research to
  a national firefighter's burn foundation that the Administrator determines is
  deserving of such a grant. The foundation must be dedicated to reducing burn
  injuries in order to be eligible to receive the grant. Any such foundation
  may apply for the grant, but a grant may be made to only one foundation.
  (b) APPLICATION- The grant referred to subsection (a) may not be made
  unless an application is made to the Administrator at such time and in
  such manner as the Administrator may require. The Administrator shall
  establish requirements necessary for the awarding of the grant.
  (c) REMAINING FUNDS- Any funds in the Burn Research Grant Account not
  appropriated for use under this section shall be deposited into the National
  Hero Scholarship Account.
SEC. 211. INFORMATION CONCERNING PROCEDURES FOR THE ACQUISITION OF SURPLUS
FEDERAL PROPERTY.
  (a) PREPARATION OF MANUAL- The Administrator, in consultation with the
  Administrator of General Services, shall prepare, and make available to
  fire services upon their request, a manual describing the procedures through
  which the Federal Government disposes of surplus property under the Federal
  Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). The
  manual should highlight how such fire services could obtain surplus property.
  (b) DATE OF AVAILABILITY- The Administrator shall make the manual referred
  to in subsection (a) available within 12 months after the date of the
  enactment of this Act and shall update the manual at such times thereafter
  as is necessary to reflect changes in the procedures described in the manual.
SEC. 212. INFORMATION ON INFECTIOUS DISEASES.
  The Administrator shall distribute information to fire services relating
  to the infectious diseases to which firefighters are particularly
  vulnerable. The Administrator shall distribute this information within 12
  months after the date of the enactment of this Act and shall update the
  information at such times thereafter as is necessary to reflect current
  scientific understanding.
SEC. 213. USE OF DONATIONS.
  Section 21 of the Federal Fire Prevention and Control Act of 1974 (15
  U.S.C. 2218) is amended by adding at the end the following:
  `(f) USE OF DONATED FUNDS- The Administrator may accept a donation under
  subsection (b)(2) that is conditioned on its being used to fund activities
  under section 28, 29, 30, or 31. Such a donation shall be deposited in
  the appropriate account in the Trust Fund established under section 32.'.
SEC. 214. DEFINITIONS.
  (a) DEFINITIONS RELATING TO THE FEDERAL FIRE PREVENTION AND CONTROL ACT
  OF 1974- Section 4 of the Federal Fire Prevention and Control Act of 1974
  (15 U.S.C. 2203) is amended by--
  (1) redesignating paragraph (4) as paragraph (5), paragraph (5) as paragraph
  (8), and paragraphs (6) and (7) as paragraphs (10) and (11), respectively;
  (2) adding after paragraph (3) the following:
  `(4) `firefighter' has the meaning given the term `public safety officer'
  in section 1203 of the Omnibus Crime Control and Safe Streets Act of 1968
  (42 U.S.C. 3796b), but does not include a `law enforcement officer' as
  defined in such section;';
  (3) adding after paragraph (5), as redesignated, the following:
  `(6) `Fund' means the Firefighter Assistance Trust Fund established under
  section 32;
  `(7) `institution of higher education' has the meaning that term is given in
  section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a));';
  and
  (4) adding after paragraph (8), as redesignated, the following:
  `(9) `Museum' means the National Fire Center and Museum;'.
  (b) DEFINITIONS RELATING TO TITLE II- As used in this title--
  (1) the terms contained in section 4 of the Federal Fire Prevention and
  Control Act of 1974 (15 U.S.C. 2203) apply with respect to this Act; and
  (2) the term `fire marshal' means an individual who is the head of a State
  agency responsible for the regulation of fire services in that State.
SEC. 215. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.
  No Federal funds shall be available to carry out the amendments made by
  sections 203, 204, and 205, or to carry out sections 209 and 210, except
  as provided in this Act. Nothing in this Act or the amendments made by this
  Act authorizes the appropriation of funds except as necessary to issue coins
  under title I or to make available amounts from the Fund under title II.
SEC. 216. BUY AMERICAN REQUIREMENT.
  (a) DETERMINATION BY THE ADMINISTRATOR- If the Administrator, with the
  concurrence of the United States Trade Representative and the Secretary of
  Commerce, determines that the public interest so requires, the Administrator
  is authorized to award to a domestic firm a contract that, under the use
  of competitive procedures, would be awarded to a foreign firm, if--
  (1) the final product of the domestic firm will be completely assembled
  in the United States;
  (2) when completely assembled, not less than 51 percent of the final
  product of the domestic firm will be domestically produced; and
  (3) the difference between the bids submitted by the foreign and domestic
  firms is not more than 6 percent.
In determining under this section whether the public interest so requires,
the Administrator shall take into account United States international
obligations and trade relations.
  (b) LIMITED APPLICATION- This section shall not apply to the extent
  to which--
  (1) such applicability would not be in the public interest;
  (2) compelling national security considerations require otherwise; or
  (3) the United States Trade Representative determines that such an award
  would be in violation of the General Agreement on Tariffs and Trade or an
  international agreement to which the United States is a party.
  (c) LIMITATION- This section shall apply only to contracts for which--
  (1) amounts are authorized by this Act (including the amendments made by
  this Act) to be made available; and
  (2) solicitation for bids are issued after the date of enactment of this Act.
  (d) REPORT TO CONGRESS- The Administrator shall report to the Congress
  on contracts covered under this section and entered into with foreign
  entities in fiscal years 1990 and 1991, and shall report to the Congress
  on the number of contracts that meet the requirements of subsection (a)
  but which are determined by the United States Trade Representative to be in
  violation of the General Agreement on Tariffs and Trade or an international
  agreement to which the United States is a party. The Administrator shall
  also report to the Congress on the number of contracts covered under this
  Act (including the amendments made by this Act) and awarded based upon
  the parameters of this section.
  (e) DEFINITIONS- For purposes of this section--
  (1) the term `domestic firm' means a business entity that is incorporated
  in the United States and that conducts business operations in the United
  States; and
  (2) the term `foreign firm' means a business entity not described in
  paragraph (1).