[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Engrossed Amendment House (EAH)]


  1st Session

                                 S. 871

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                    September 23, 1997.

    Resolved, That the bill from the Senate (S. 871) entitled ``An Act to 
establish the Oklahoma City National Memorial as a unit of the National Park 
System; to designate the Oklahoma City Memorial Trust, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oklahoma City National Memorial Act 
of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    Congress finds that--
            (1) few events in the past quarter-century have rocked 
        Americans' perception of themselves and their institutions, and 
        brought together the people of our Nation with greater 
        intensity than the April 19, 1995, bombing of the Alfred P. 
        Murrah Federal Building in downtown Oklahoma City;
            (2) the resulting deaths of 168 people, some of whom were 
        children, immediately touched thousands of family members whose 
        lives will forever bear scars of having those precious to them 
        taken away so brutally;
            (3) suffering with such families are countless survivors, 
        including children, who struggle not only with the suffering 
        around them, but their own physical and emotional injuries and 
        with shaping a life beyond April 19;
            (4) such losses and struggles are personal and, since they 
        resulted from so public an attack, they are also shared with a 
        community, a Nation, and the world;
            (5) the story of the bombing does not stop with the attack 
        itself or with the many losses it caused. The responses of 
        Oklahoma's public servants and private citizens, and those from 
        throughout the Nation, remain as a testament to the sense of 
        unity, compassion, even heroism, that characterized the rescue 
        and recovery following the bombing;
            (6) during the days immediately following the Oklahoma City 
        bombing, Americans and people from around the world of all 
        races, political philosophies, religions and walks of life 
        responded with unprecedented solidarity and selflessness; and
            (7) given the national and international impact and 
        reaction, the Federal character of the site of the bombing, and 
        the significant percentage of the victims and survivors who 
        were Federal employees the Oklahoma City Memorial will be 
        established, designed, managed and maintained to educate 
        present and future generations, through a public/private 
        partnership, to work together efficiently and respectfully in 
        developing a National Memorial relating to all aspects of the 
        April 19, 1995, bombing in Oklahoma City.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) Memorial.--The term ``Memorial'' means the Oklahoma 
        City National Memorial designated under section 4(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Trust.--The term ``Trust'' means the Oklahoma City 
        National Memorial Trust designated under section 5(a).

SEC. 4. OKLAHOMA CITY NATIONAL MEMORIAL.

    (a) In order to preserve for the benefit and inspiration of the 
people of the United States and the world, as a National Memorial 
certain lands located in Oklahoma City, Oklahoma, there is established 
as a unit of the National Park System the Oklahoma City National 
Memorial. The Memorial shall be administered by the Trust in 
cooperation with the Secretary and in accordance with the provisions of 
this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et 
seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467).
    (b) The Memorial area shall be comprised of the lands, facilities 
and structures generally depicted on the map entitled ``Oklahoma City 
National Memorial'', numbered OCNM 001, and dated May 1997 (hereafter 
referred to in this Act as the ``map''):
            (1) Such map shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service and the Trust.
            (2) After advising the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Resources of the 
        House of Representatives, in writing, the Trust, as established 
        by section 5 of this Act, in consultation with the Secretary, 
        may make minor revisions of the boundaries of the Memorial when 
        necessary by publication of a revised drawing or other boundary 
        description in the Federal Register.

SEC. 5. OKLAHOMA CITY NATIONAL MEMORIAL TRUST.

    (a) Establishment.--There is established a wholly owned Government 
corporation to be known as the Oklahoma City National Memorial Trust.
    (b) Board of Directors.--
            (1) In general.--The powers and management of the Trust 
        shall be vested in a board of Directors (hereinafter referred 
        to as the ``Board'') consisting of the following 9 members:
                    (A) The Secretary or the Secretary's designee.
                    (B) Eight individuals, appointed by the President, 
                from a list of recommendations submitted by the 
                Governor of the State of Oklahoma; and a list of 
                recommendations submitted by the Mayor of Oklahoma 
                City, Oklahoma; and a list of recommendations submitted 
                by the United States Senators from Oklahoma; and a list 
                of recommendations submitted by United States 
                Representatives from Oklahoma. The President shall make 
                the appointments referred to in this subparagraph 
                within 90 days after the enactment of this Act.
            (2) Terms.--Members of the Board appointed under paragraph 
        (1)(B) shall each serve for a term of 4 years, except that of 
        the members first appointed, 2 shall serve for a term of 3 
        years; and 2 shall serve a term of 2 years. Any vacancy in the 
        Board shall be filled in the same manner in which the original 
        appointment was made, and any member appointed to fill a 
        vacancy shall serve for the remainder of that term for which 
        his or her predecessor was appointed. No appointed member may 
        serve more than 8 years in consecutive terms.
            (3) Quorum.--Five members of the Board shall constitute a 
        quorum for the conduct of business by the Board.
            (4) Organization and compensation.--The Board shall 
        organize itself in such a manner as it deems most appropriate 
        to effectively carry out the authorized activities of the 
        Trust. Board members shall serve without pay, but may be 
        reimbursed for the actual and necessary travel and subsistence 
        expenses incurred by them in the performance of the duties of 
        the Trust.
            (5) Liability of directors.--Members of the Board of 
        Directors shall not be considered Federal employees by virtue 
        of their membership on the Board, except for purposes of the 
        Federal Tort Claims Act and the Ethics in Government Act, and 
        the provisions of chapter 11 of title 18, United States Code.
            (6) Meetings.--The Board shall meet at least three times 
        per year in Oklahoma City, Oklahoma and at least two of those 
        meetings shall be opened to the public. Upon a majority vote, 
        the Board may close any other meetings to the public. The Board 
        shall establish procedures for providing public information and 
        opportunities for public comment regarding operations 
        maintenance and management of the Memorial; as well as, policy, 
        planning and design issues.
            (7) Staff.--
                    (A) Non-national park service staff.--The Trust is 
                authorized to appoint and fix the compensation and 
                duties of an executive director and such other officers 
                and employees as it deems necessary without regard to 
                the provisions of title 5, United States Code, 
                governing appointments in the competitive service, and 
                may pay them without regard to the provisions of 
                chapter 51, and subchapter III of chapter 53, title 5, 
                United States Code, relating to classification and 
                General Schedule pay rates.
                    (B) Interim park service staff.--At the request of 
                the Trust, the Secretary shall provide for a period not 
                to exceed 2 years, such personnel and technical 
                expertise, as necessary, to provide assistance in the 
                implementation of the provisions of this Act.
                    (C) Park service staff.--At the request of the 
                Trust, the Secretary shall provide such uniformed 
                personnel, on a reimbursable basis, to carry out day-
                to-day visitor service programs.
                    (D) Other federal employees.--At the request of the 
                Trust, the Director of any other Federal agency may 
                provide such personnel, on a reimbursable basis, to 
                carry out day-to-day visitor service programs.
            (8) Necessary powers.--The Trust shall have all necessary 
        and proper powers for the exercise of the authorities vested in 
        it.
            (9) Taxes.--The Trust and all properties administered by 
        the Trust shall be exempt from all taxes and special 
        assessments of every kind by the State of Oklahoma, and its 
        political subdivisions including the county of Oklahoma and the 
        city of Oklahoma City.
            (10) Government corporation.--
                    (A) The Trust shall be treated as a wholly owned 
                Government corporation subject to chapter 91 of title 
                31, United States Code (commonly referred to as the 
                Government Corporation Control Act). Financial 
                statements of the Trust shall be audited annually in 
                accordance with section 9105 of title 31 of the United 
                States Code.
                    (B) At the end of each calendar year, the Trust 
                shall submit to the Committee on Energy and Natural 
                Resources of the United States Senate and the Committee 
                on Resources of the House of Representatives a 
                comprehensive and detailed report of its operations, 
                activities, and accomplishments for the prior fiscal 
                year. The report also shall include a section that 
                describes in general terms the Trust's goals for the 
                current fiscal year.

SEC. 6. DUTIES AND AUTHORITIES OF THE TRUST.

    (a) Overall Requirements of the Trust.--The Trust shall administer 
the operation, maintenance, management and interpretation of the 
Memorial including, but not limited to, leasing, rehabilitation, repair 
and improvement of property within the Memorial under its 
administrative jurisdiction using the authorities provided in this 
section, which shall be exercised in accordance with--
            (1) the provisions of law generally applicable to units of 
        the National Park Service, including: ``An Act to establish a 
        National Park Service, and for other purposes'' approved August 
        25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
            (2) the Act of August 21, 1935 (49 Stat. 666; U.S.C. 461-
        467;
            (3) the general objectives of the ``Memorial Mission 
        Statement'', adopted March 26, 1996, by the Oklahoma City 
        Memorial Foundation;
            (4) the ``Oklahoma City Memorial Foundation 
        Intergovernmental Letter of Understanding'', dated October 28, 
        1996; and
            (5) the Cooperative Agreement to be entered into between 
        the Trust and the Secretary pursuant to this Act.
    (b) Authorities.--
            (1) The Trust may participate in the development of 
        programs and activities at the properties designated by the 
        map, and the Trust shall have the authority to negotiate and 
        enter into such agreements, leases, contracts and other 
        arrangements with any person, firm, association, organization, 
        corporation or governmental entity, including, without 
        limitation, entities of Federal, State and local governments as 
        are necessary and appropriate to carry out its authorized 
        activities. Any such agreements may be entered into without 
        regard to section 321 of the Act of June 30, 1932 (40 U.S.C. 
        303b).
            (2) The Trust shall establish procedures for lease 
        agreements and other agreements for use and occupancy of 
        Memorial facilities, including a requirement that in entering 
        into such agreements the Trust shall obtain reasonable 
        competition.
            (3) The Trust may not dispose of or convey fee title to any 
        real property transferred to it under this Act.
            (4) Federal laws and regulations governing procurement by 
        Federal agencies shall not apply to the Trust, with the 
        exception of laws and regulations related to Federal Government 
        contracts governing working conditions, and any civil rights 
        provisions otherwise applicable thereto.
            (5) The Trust, in consultation with the Administrator of 
        Federal Procurement Policy, shall establish and promulgate 
        procedures applicable to the Trust's procurement of goods and 
        services including, but not limited to, the award of contracts 
        on the basis of contractor qualifications, price, commercially 
        reasonable buying practices, and reasonable competition.
    (c) Management Program.--Within one year after the enactment of 
this Act, the Trust, in consultation with the Secretary, shall develop 
a cooperative agreement for management of those lands, operations and 
facilities within the Memorial established by this Act. In furtherance 
of the general purposes of this Act, the Secretary and the Trust shall 
enter into a Cooperative Agreement pursuant to which the Secretary 
shall provide technical assistance for the planning, preservation, 
maintenance, management, and interpretation of the Memorial. The 
Secretary also shall provide such maintenance, interpretation, 
curatorial management, and general management as mutually agreed to by 
the Secretary and the Trust.
    (d) Donations.--The Trust may solicit and accept donations of 
funds, property, supplies, or services from individuals, foundations, 
corporations, and other private or public entities for the purposes of 
carrying out its duties.
    (e) Proceeds.--Notwithstanding section 1341 of title 31 of the 
United States Code, all proceeds received by the Trust shall be 
retained by the Trust, and such proceeds shall be available, without 
further appropriation, for the administration, operation, preservation, 
restoration, operation and maintenance, improvement, repair and related 
expenses incurred with respect to Memorial properties under its 
administrative jurisdiction. The Secretary of the Treasury, at the 
option of the Trust shall invest excess monies of the Trust in public 
debt securities which shall bear interest at rates determined by the 
Secretary of the Treasury taking into consideration the current average 
market yield on outstanding marketable obligations of the United States 
of comparable maturity.
    (f) Suits.--The Trust may sue and be sued in its own name to the 
same extent as the Federal Government. Litigation arising out of the 
activities of the Trust shall be conducted by the Attorney General; 
except that the Trust may retain private attorneys to provide advice 
and counsel. The District Court for the Western District of Oklahoma 
shall have exclusive jurisdiction over any suit filed against the 
Trust.
    (g) Bylaws, Rules and Regulations.--The Trust may adopt, amend, 
repeal, and enforce bylaws, rules and regulations governing the manner 
in which its business may be conducted and the powers vested in it may 
be exercised. The Trust is authorized, in consultation with the 
Secretary, to adopt and to enforce those rules and regulations that are 
applicable to the operation of the National Park System and that may be 
necessary and appropriate to carry out its duties and responsibilities 
under this Act. The Trust shall give notice of the adoption of such 
rules and regulations by publication in the Federal Register.
    (h) Insurance.--The Trust shall require that all leaseholders and 
contractors procure proper insurance against any loss in connection 
with properties under lease or contract, or the authorized activities 
granted in such lease or contract, as is reasonable and customary.

SEC. 7. LIMITATIONS ON FUNDING.

    Authorization of Appropriations--
            (1) In general.--In furtherance of the purposes of this 
        Act, there is hereby authorized the sum of $5,000,000, to 
        remain available until expended.
            (2) Matching requirement.--Amounts appropriated in any 
        fiscal year to carry out the provisions of this Act may only be 
        expended on a matching basis in a ratio of at least one non-
        Federal dollar to every Federal dollar. For the purposes of 
        this provision, each non-Federal dollar donated to the Trust or 
        to the Oklahoma City Memorial Foundation for the creation, 
        maintenance, or operation of the Memorial shall satisfy the 
        matching dollar requirement without regard to the fiscal year 
        in which such donation is made.

SEC. 8. ALFRED P. MURRAH FEDERAL BUILDING.

    Prior to the construction of the Memorial the Administrator of 
General Services shall, among other actions, exchange, sell, lease, 
donate, or otherwise dispose of the site of the Alfred P. Murrah 
Federal Building, or a portion thereof, to the Trust. Any such disposal 
shall not be subject to--
            (1) the Public Buildings Act of 1959 (40 U.S.C. 601 et 
        seq.);
            (2) the Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. et seq.); or
            (3) any other Federal law establishing requirements or 
        procedures for the disposal of Federal property.

SEC. 9. GENERAL ACCOUNTING OFFICE STUDY.

    Six years after the first meeting of the Board of Directors of the 
Trust, the General Accounting Office shall conduct an interim study of 
the activities of the Trust and shall report the results of the study 
to the Committee on Energy and Natural Resources and the Committee on 
Appropriations of the United States Senate, and the Committee on 
Resources and Committee on Appropriations of the House of 
Representatives. The study shall include, but shall not be limited to, 
details of how the Trust is meeting its obligations under this Act.

            Attest:

                                                                 Clerk.