[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3406 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3406

 To amend the Oklahoma City National Memorial Act of 1997 to transfer 
   the Oklahoma City National Memorial to the Oklahoma City National 
              Memorial Foundation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2003

Mr. Istook (for himself, Mr. Lucas of Oklahoma, Mr. Cole, Mr. Sullivan, 
 and Mr. Carson of Oklahoma) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Oklahoma City National Memorial Act of 1997 to transfer 
   the Oklahoma City National Memorial to the Oklahoma City National 
              Memorial Foundation, 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. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMORIAL ACT OF 1997.

    (a) Short Title.--This section may be cited as the ``Oklahoma City 
National Memorial Act Amendments of 2003''.
    (b) Foundation Defined; Conforming Amendment.--Section 3 of the 
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (2), (3), and (4), respectively;
            (2) by inserting immediately preceding paragraph (2) (as so 
        redesignated by paragraph (1) of this subsection) the following 
        new paragraph:
            ``(1) Foundation.--The term `Foundation' means the Oklahoma 
        City National Memorial Foundation, a not-for-profit corporation 
        that is--
                    ``(A) described in section 501(c)(3) of the 
                Internal Revenue Code of 1986;
                    ``(B) exempt from taxation under section 501(a) of 
                such Code; and
                    ``(C) dedicated to the support of the Memorial.''; 
                and
            (3) in paragraph (3), by striking ``designated under 
        section 5(a)''.
    (c) Administration of Memorial by Foundation.--Section 4 of the 
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``a unit'' and inserting ``an 
                affiliate''; and
                    (B) by striking the second sentence;
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Administration of Memorial.--The Foundation shall administer 
the Memorial in accordance with this Act and the general objectives of 
the `Memorial Mission Statement', adopted March 26, 1996, by the 
Foundation.''; and
            (4) in subsection (c) (as so redesignated by paragraph (2) 
        of this subsection) by striking ``1997 (hereafter'' and all 
        that follows through the final period and inserting ``1997. The 
        map shall be on file and available for public inspection in the 
        appropriate office of the Foundation.''.
    (d) Transfer of Memorial Property, Rights, Authorities, and 
Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997 
(16 U.S.C. 450ss-3) is amended to read as follows:

``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND 
              DUTIES.

    ``(a) Transfer of Memorial Property.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of the Oklahoma City National Memorial Act 
        Amendments of 2003, the Trust shall transfer to the 
        Foundation--
                    ``(A) all assets of the Trust, including all real 
                and personal property of the Memorial, any 
                appurtenances, buildings, facilities, monuments, 
                contents, artifacts, contracts and contract rights, 
                accounts, deposits, intangibles, trademarks, trade 
                names, copyrights, all other intellectual property, and 
                all other real and personal property of every kind and 
                character comprising the Memorial;
                    ``(B) any property owned by the Trust that is 
                adjacent or related to the Memorial; and
                    ``(C) all property maintained for the Memorial, 
                together with all rights, authorities, and duties 
                relating to the ownership, administration, operation, 
                and management of the Memorial.
            ``(2) Subsequent gifts.--Any artifact, memorial, or other 
        personal property that is received by, or is intended by any 
        person to be given to, the Trust after the date of transfer of 
        property under paragraph (1) shall be the property of the 
        Foundation.
    ``(b) Assumption of Trust Obligations.--Any obligations of the 
Trust relating to the Memorial that have been approved by the Trust 
before the date on which the property is transferred under subsection 
(a) shall become the responsibility of the Foundation on the date of 
the transfer.
    ``(c) Dissolution of Trust.--Not later than 30 days after the 
transfer under subsection (a) is completed--
            ``(1) the Trust shall be dissolved; and
            ``(2) the Trust shall notify the Secretary of the date of 
        dissolution.
    ``(d) Authority to Enter Into Agreements.--The Secretary, acting 
through the National Park Service, is authorized to enter into 1 or 
more cooperative agreements with the Foundation for the National Park 
Service to provide interpretive services related to the Memorial and 
such other assistance as may be agreed upon between the Secretary and 
the Foundation. The costs of the services and other agreed assistance 
shall be paid by the Secretary.
    ``(e) Limitation.--Nothing in this Act shall prohibit the use of 
State and local law enforcement for the purposes of security related to 
the Memorial.''.
    (e) Repeal of Duties and Authorities of Trust.--
            (1) In general.--Section 6 of the Oklahoma City National 
        Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.
            (2) Effective date.--The repeal under this subsection shall 
        take effect upon the transfer of the Memorial property, rights, 
        authorities, and duties pursuant to the amendments made by 
        subsection (d).
    (f) Authorization of Appropriations.--Section 7 of the Oklahoma 
City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--
            (1) in paragraph (1), by inserting ``for an endowment fund 
        subject to paragraph (2)'' after ``the sum of $5,000,000''; and
            (2) in paragraph (2)--
                    (A) by striking ``Trust or to the Oklahoma City 
                Memorial''; and
                    (B) by striking ``or operation'' and inserting 
                ``operation, or endowment''.
    (g) Authorization of Secretary to Reimburse Previous Costs Paid by 
Foundation or Trust.--
            (1) Authorization for reimbursement.--To the extent that 
        funds are made available for this subsection, the Secretary of 
        the Interior shall reimburse the Oklahoma City National 
        Memorial Foundation for funds obligated or expended by the 
        Oklahoma City National Memorial Foundation or the Oklahoma City 
        National Memorial Trust to the Secretary of the Interior for 
        interpretive services, security, and other costs and services 
        related to the Oklahoma City National Memorial before the date 
        of the enactment of this Act. The Oklahoma City National 
        Memorial Foundation may use such reimbursed funds for the 
        operation, maintenance, and permanent endowment of the Oklahoma 
        City National Memorial.
            (2) Authorization for appropriation.--There is authorized 
        to be appropriated to the Secretary of the Interior $1,500,000 
        to carry out this subsection.
    (h) Repeal of Disposition of Site of Alfred P. Murrah Federal 
Building.--Section 8 of the Oklahoma City National Memorial Act of 1997 
(16 U.S.C. 450ss-6) is repealed.
    (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City 
National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.
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