[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Enrolled Bill (ENR)]

        S.871

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 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.

    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 ``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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.