[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Pages S8410-S8415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              OKLAHOMA CITY NATIONAL MEMORIAL ACT OF 1997

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 134, Senate bill 871.
  The VICE PRESIDENT. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 871) 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.

  The Senate proceeded to consider the bill.
  Mr. NICKLES. Mr. President, today, the Senate is considering S. 871, 
the Oklahoma City National Memorial Act of 1997. This important 
legislation will establish the Oklahoma City National Memorial as a 
unit of the National Park Service and create the Oklahoma City Memorial 
Trust. The memorial will commemorate the national tragedy ingrained in 
all of our minds that occurred in downtown Oklahoma City at 9:02 a.m. 
on April 19, 1995, in which 168 Americans lost their lives and 
countless thousands more lost family members and friends.
  The Oklahoma City National Memorial will serve as a monument to those 
whose lives were taken and others who will bear the physical and mental 
scars for the rest of their days. The memorial will stand as a symbol 
to the hope, generosity, and courage shown by Oklahomans and fellow 
Americans across the country following the Oklahoma City bombing. This 
will be a place of remembrance, peace, spirituality, comfort, and 
learning.
   Under this legislation, the National Park Service Memorial site will 
encompass the footprint of the Alfred P. Murrah Federal Building, 5th 
Street between Robinson and Harvey, the site of the Water Resources 
Building, and the Journal Record Building. An international competition 
was held to determine the design of the Oklahoma City National 
Memorial, and the winning design was announced on Tuesday, July 1. I 
commend the Oklahoma City Memorial Foundation for an excellent 
selection of the winning design.
  In addition to designating the memorial site as a unit of the 
National Park Service, this bill also establishes a

[[Page S8411]]

wholly owned government corporation to be known as the Oklahoma City 
National Memorial Trust. The trust, consisting of a chairman and an 
eight-member board, will be charged with administering the operation, 
maintenance, management, and interpretation of the memorial site.
  Further, the legislation authorizes a one-time $5 million Federal 
donation for construction and maintenance of the memorial. The Federal 
appropriation will be matched by $5 million from the Oklahoma State 
Legislature and $14 million in private donations.
  While the thousands of family members and friends of those killed in 
the bombing will forever bear scars of having their loved ones taken 
away, the Oklahoma City National Memorial will revere the memory of the 
survivors and those lost, and venerate the bonds that drew us all 
closer together as a result.
  Mr. President, while it is impossible to recognize everyone whose 
hard work and effort made this memorial possible, I will submit for the 
Record a list of individuals who formed the core of the memorial design 
foundation. In addition, I would like to extend particular appreciation 
to Gov. Frank Keating; Oklahoma City mayor, Ron Norick; Mr. Bob 
Johnson, director of the Oklahoma City Memorial Foundation charged with 
selecting the design for the Memorial; Vice Chairman Karen Luke; Mr. 
Tom McDaniel; Mrs. Polly Nichols; Mr. Don Ferrell; and Mr. Richard 
Williams. Our country is proud of you, and I am confident our country 
will be proud of the Oklahoma City National Memorial.
  I ask unanimous consent that the list of individuals who formed the 
core of the memorial design foundation be printed in the Record.
  There being no objection, the list was ordered to be printed in the 
Record, as follows:

               Oklahoma City Memorial Board of Directors

       Ann Alspaugh; Anita Arnold; Clark Bailey; Dr. Edward 
     Brandt; Ron Bradshaw; Terry Childers; John Cole; Richard 
     Denman; Tiana Douglas; Jeanette Gamba; Gerald L. Gamble; Dr. 
     Kay Goebel; Kathi Goebel; Kevin Gotshall; Jean Gumerson; 
     Frank D. Hill; LeAnn Jenkins; Kirk Jewell; Robert M. Johnson; 
     Doris Jones; Kim Jones-Shelton; Jackie L. Jones; Barbara 
     Kerrick; Linda Lambert; Sam Armstrong-Lopez; Karen Luke; 
     Deborah Ferrell-Lynn; Thomas J. McDaniel; Sunni Mercer; 
     Leslie Nance; Polly Nichols; Tim O'Connor; Dr. Betty 
     Pfefferbaum; H.E. (Gene) Rainbolt; John Rex; Florence Rogers; 
     Chris Salyer; Lee Allan Smith; Phyllis Stough; Zach D. 
     Taylor; Phillip Thompson; Toby Thompson; Beth Tolbert; Tom 
     Toperzer, III; Kathleen Treanor; Be V Tu; Cheryl Vaught; Bud 
     Welch; G. Rainey Williams; Richard Williams; Kathy Wyche; 
     Sydney W. Dobson.

  Mr. NICKLES. Mr. President, I am also proud to be joined by my 
colleague and friend in the Senate, Senator Inhofe.
  Mr. INHOFE. I thank the senior Senator from Oklahoma.
  Mr. President, I am pleased to join Senator Nickles in support of S. 
871, the Oklahoma City National Memorial Act of 1997. I think it is a 
compassionate piece of legislation that deserves and will receive 
support for immediate passage.
  I thank, not just my colleague, Senator Nickles, for being the 
driving force behind this, but also express my appreciation to my 
colleagues on the Energy and Natural Resources Committee for acting so 
quickly to bring this matter before us.
  Mr. President, it is very easy for us to stand here and for people 
who were not out there at the time to be compassionate, to be sensitive 
to the needs of Oklahoma. But I can tell you, after having been there 
when it happened, it is indescribable when you go through a building 
that has parts of human bodies stuck to the walls and you see things 
that are crumbling.
  My son is an orthopedic surgeon. One of his partners actually had to 
go in during this thing and amputate a lady's leg, with no anesthetic, 
to extract her from that.
  Good friends, my closest friends, Don and Sally Ferrell lost their 
daughter. She was an attorney for HUD. Polly Nichols was not even in 
the building and came within a quarter of an inch of dying from flying 
glass.
  This is an opportunity for us to say to these people how much we love 
them. The 168 individuals who were killed during this cowardly attack 
and those who were fortunate to survive deserve our honor and respect. 
It is a fitting memorial that has been designed to honor not just the 
individuals who lost their lives, but the families of those who lost 
their lives and those who are survivors.
  Beyond the immediate victims of the bombing, we also recognize law 
enforcement officers and emergency people. I can remember on the first 
night, as I was walking toward the building, hearing this thundering 
cadence behind me. I turned to see several hundred firemen, all dressed 
up with their emergency equipment. They were not just from Oklahoma; 
they were from all over America, from as far away as right here, from 
Maryland. They were going in there, each one of them taking 30-minute 
spells. They were volunteers. They did not have to do this. They went 
in knowing they could very well lose their lives crawling through the 
rubble of a building still crumbling to save lives.
  So there are many, many heroes in this thing. And this is certainly a 
fitting tribute.
  I can only say, on behalf of all Oklahomans, we thank you for your 
generosity, your promptness, and your compassion.
  Mr. MURKOWSKI. Mr. President, with the passage of this legislation we 
are embarking on a new road. We will establish a new park area operated 
by the private sector rather than the traditional park operated by park 
service personnel that we are accustomed to visiting.
  Upon visiting the Oklahoma City National Memorial you will still 
observe the traditional park ranger in his flat hat, but behind the 
scenes things will be a little different.
  The legislation establishes a trust composed of civic leaders who 
will manage the park in accordance with Park Service standards, rules 
and regulations. I anticipate these leaders will maintain and operate 
the facilities at this memorial at the highest standard ever achieved 
by any NPS unit.
  I do not believe we will ever have to revisit this issue in the 
appropriations process. I expect the leaders of the trust will maintain 
their facilities with proper preventative maintenance programs so 
America's investment will be more than properly protected without the 
deferred maintenance programs which currently plague the NPS and the 
Congress.
  I expect that the programs and operations at the memorial will be 
above and beyond anything we have ever experienced in a park unit to 
date.
  Is this road risky ? The answer is yes. We are now facing $8.6 
billion in unfunded NPS programs. The private sector has the answers, 
and it may teach us a few lessons on how to avoid the situation that we 
are currently facing in the National Park Service.
  The passage of this legislation will begin to show us how to achieve 
a National Park Service unit that will be a model for the future.
  In the absence of a report, that will follow shortly, I have included 
information in my statement for the benefit of my colleagues that 
explains the background and the provisions of the legislation.


                               background

  One hundred and sixty-eight Americans lost their lives and many more 
were injured on April 19, 1995, when a bomb was detonated at the Alfred 
P. Murrah Federal Building in Oklahoma City, OK. This tragedy 
constitutes the worst terrorist incident in American history.
  This legislation would create a memorial at the site of the Murrah 
Federal Building in Oklahoma City on 5th Street, between Robinson and 
Harvey Streets, and would also include the sites of the Water Resources 
Building and the Journal Record Building.
  Concepts for the Memorial were solicited through a design 
competition. We received 624 design submissions from 50 States and 23 
foreign countries. The design selected was created by Hans-Ekkehard 
Butzer, Torrey Butzer and Sven Berg, a German-based design team. The 
design includes 168 chairs in the Murrah Building footprint, a water 
element designed to reflect a spirit of change, a survivor tree, 
envisioned to reflect hope, and ``gates of time'' on each end of Fifth 
Street that focus the visitor's attention on memorial inscriptions and 
the other elements of the Memorial. Torrey Butzer of the German team 
states, ``We watched Oklahomans and the world respond to

[[Page S8412]]

this tragedy from afar. This is our way of giving something to honor 
the Victims, survivors and the heros. This design will tell the story 
of all of us changed forever.''
  The Memorial established by this Act would serve not only as a 
monument to those who died and were injured in the bombing on April 19, 
but as a symbol of the courage and goodwill shown by local citizens and 
Americans across the country following the incident. The Oklahoma City 
National Memorial will be designated a unit of the National Park 
Service. It will be placed under the charge of a wholly-owned 
government corporation, to be known as the Oklahoma City National Trust 
(Trust). The Trust will be governed by a nine-member Board of Directors 
(Board) which will have the authority to appoint an executive director 
and other key staff. Interim staff are authorized for 2 years to assist 
in the development of the Memorial. Permanent National Park service 
staff and the ability to retain staff from other Federal agencies are 
also provided by this measure on a reimbursable basis.
  The act authorizes $5 million of Federal funds for construction and 
maintenance, but stipulates that any Federal expenditures must be 
matched by non-Federal funds, dollar for dollar. It is expected that 
matching funding sources will include the Oklahoma State legislature 
and private donations.


                          legislative history

  S. 871 was introduced by Senator Nickles and Senator Inhofe on June 
12, 1997 and was referred to the Senate Committee on Energy and Natural 
Resources. The Subcommittee on National Parks, Historic Preservation 
and Recreation held a field hearing on the bill in Oklahoma City on 
July 3, 1997. An additional hearing was held by the Subcommittee in 
Washington on July 17, 1997.


                      section by section analysis

  Section 4(a) establishes the Oklahoma City National Memorial 
(Memorial) and further establishes the Memorial as a unit of the 
National Park Service.
  Section 4(b) directs that the lands, facilities and structures of the 
memorial shall be depicted upon an official map and that the official 
map shall be on file and available for inspection in the appropriate 
offices of the National Park Service and Oklahoma City Memorial Trust 
(Trust). The Section also allows minor boundary adjustments as 
necessary with publication of such adjustments by drawing or 
description within the Federal Register.
  Section 5(a) establishes a wholly-owned government corporation to be 
known as the Oklahoma City National Memorial Trust.
  Section 5(b)(l) directs that there will exist a Board of Directors 
(Board) for the Trust consisting of 9 members. The Section directs that 
the Board shall consist of the Secretary of the Interior (Secretary) or 
his designee and 8 additional members appointed by the President, but 
selected from lists of nominees submitted by the Governor of Oklahoma, 
the Mayor of Oklahoma City and the Oklahoma delegations from the United 
States House of Representatives and Senate. This section also directs 
that the President appoint the Board within 90 days of passage of this 
Act.
  Section 5(b)(2) sets the terms of Board members at 4 years and limits 
consecutive terms to 8 years. The section also stipulates that in the 
first series of appointments, two members will serve for only 2 years 
and two initial members will serve a term of 3 years.
  Section 5(b)(3) directs that 5 members shall constitute a quorum for 
purposes of conducting Board business.
  Section 5(b)(4) directs that the Board shall organize itself in a 
manner it deems most appropriate and that members shall not receive 
compensation, but may be reimbursed for actual and necessary travel and 
subsistence associated with Trust duties.
  Section 5(b)(5) establishes that Board members will not be considered 
federal employees except for purposes of the Federal Tort Claims Act, 
the Ethics in Government Act and provisions of Titles 11 and 18 of the 
United States Code.
  Section 5(b)(6) directs the Board to meet at least 3 times per year 
in Oklahoma City, with at least two of those meetings open to the 
public. The Section also allows the Board to hold additional meetings 
and the authority to determine if those meetings are open or closed to 
the public by majority vote. The Section also authorizes the Board the 
ability to establish procedures for providing public information and 
soliciting public comment regarding operations, maintenance and 
management of the Memorial as well as input on policy, planning and 
design issues.
  Section 5(b)(7) authorizes the Trust to appoint and fix compensation 
and duties of an executive director of the Memorial and other officers 
it deems necessary without regard to provisions of Title 5 of the 
United States Code. The Section also authorizes the Secretary of the 
Interior (at the request of the Trust) to provide interim employees as 
necessary for appointments not to exceed 2 years; to provide uniformed 
personnel on a reimbursable basis to carry out day to day duties; and 
at the request of the Trust, the Director of any other federal agency 
may provide personnel on a reimbursable basis to carry out day to day 
visitor services programs.
  Section 5(b)(8) establishes that the Trust shall have all powers 
necessary and proper to exercise the authorities vested in it.
  Section 5(b)(9) establishes that the Trust and all properties 
administered by the Trust shall be exempt from all city, state and 
local taxes.
  Section 5(b)(10) establishes that the Trust shall be treated as a 
wholly-owned government corporation, subject to 31 U.S.C. Government 
Corporations Act and that Trust financial statements shall be audited 
annually. The Section also directs the Trust to submit a comprehensive 
report of operations, activities and accomplishments for the prior 
fiscal year to the Senate Committee on Energy and Natural Resources and 
the House Committee on Resources--as well as a report, in general 
terms, of goals for the current fiscal year.
  Section 6(a) directs that the Trust shall administer the operation, 
maintenance, management and interpretation of the Memorial, including, 
but not limited to leasing, rehabilitation, repair and improvement of 
Memorial property in accordance with existing Federal law including: 
provisions of law generally applicable to the National Park Service (16 
U.S.C. 1, 2-4); 49 Stat. 666; the general objectives set forth in the 
``Memorial Mission Statement'', adopted March 26, 1996 and the Oklahoma 
Memorial Foundation Intergovernmental Letter of Understanding, dated, 
October 28, 1996.
  Section 6(b)(1) authorizes the Trust to participate in the 
development of programs and activities at the Memorial and to negotiate 
and enter into agreements, leases, and contracts with persons, firms, 
organizations including Federal, State, and local government entities, 
as necessary to carry out its authorized activities. Such agreements 
may be entered into without regard to Section 301, 40 U.S.C. 303(b).
  Section 6(b)(2) directs the Trust to establish procedures for lease 
agreements for use and occupancy of Memorial facilities, including a 
requirement that in entering such agreements, the Trust shall obtain 
reasonable competition.
  Section 6(b)(3) prohibits the Trust from disposing of or reconveying 
title to any real property transferred to the Trust under this Act.
  Section 6(b)(4) directs that Federal laws and regulations governing 
procurement shall not apply to the Trust with the exception of those 
related to Federal contracts governing working conditions and any 
applicable civil rights provisions which are otherwise applicable.
  Section 6(b)(5) directs the Trust, in consultation with the 
Administrator of Federal Procurement Policy to establish and promulgate 
procedures enabling the Trust's procurement of goods and services, 
including, but not limited to the award of contracts on the basis of 
price, reasonable buying practices, competition and qualifications.

  Section 6(c) directs that the Trust shall, within one year of passage 
of the Act, develop in consultation with the Secretary, a comprehensive 
program for management of those lands, operations, and facilities 
associated with the Memorial.
  Section 6(d) authorizes the Trust to solicit and accept donations for 
the purposes of carrying out its duties.

[[Page S8413]]

  Section 6(e) authorizes that all proceeds received by the Trust may 
be retained and used by the Trust without further appropriation for 
uses in the administration, operation, preservation, restoration, 
maintenance, repair and improvement of the Memorial, and that the 
Secretary of the Treasury, at the request of the Trust, shall invest 
excess monies in public debt securities.
  Section 6(f) establishes that the trust may sue and be sued to the 
same extent as the Federal Government and that litigation shall be 
conducted by the Attorney General, with the provision that the trust 
may retain private attorneys for advice and council and that the 
District Court of the Western District of Oklahoma shall have exclusive 
jurisdiction over suits filed against the Trust.
  Section 6(g) authorizes the Trust to adopt, amend, repeal and enforce 
bylaws, rules and regulations governing the way it conducts its 
business and the way by which its powers may be exercised. The Section 
also authorizes the Trust, in consultation with the Secretary to adopt 
and enforce those National Park Service regulations necessary and 
appropriate to carry out its duties and requires that the Trust shall 
give notice of its adoption of any such rules or regulations through 
the Federal Register.
  Section 6(h) directs the trust to require any contractors or 
leaseholders to procure insurance, as is reasonable and customary, 
against any loss connected with properties under lease or contract or 
from related activities.
  Section 7 authorizes $5 million for the furtherance of the Act and 
stipulates that expenditure of any federally appropriated money must be 
matched, one to one, with non-Federal monies and that donated monies 
will be construed, for purposes of this Section, as non-Federal 
matching monies.
  Section 8 establishes that prior to the construction of the Memorial, 
the General Services Administration shall exchange, sell, lease, donate 
or otherwise dispose of the Alfred P. Murrah Federal Building to the 
Trust and that such transfer shall not be subject to the Public 
Building Act of 1959; the Federal Property and Administration Services 
Act of 1949 or any other Federal law establishing requirements or 
procedures for the disposal of Federal property.
  Section 9 directs that 6 years after the first meeting of the Board, 
the General Accounting Office will conduct an interim study on the 
activities of the Trust (and how it is meeting its obligations under 
this Act), and report the results of that study to the Senate Committee 
on Energy and Natural Resources and to the Senate Committee on 
Appropriations along with the House Committee on Resources and the 
Committee on Appropriations of the House of Representatives.
  Costs--S. 871 authorizes a one-time $5,000,000 appropiation for the 
development and construction of the Memorial.
  Mr. President, this act of terrorism horrified all Americans. It must 
never be forgotten. May the victims of this tragedy rest in peace, may 
the survivors be comforted and may such an evil act never be 
perpetrated upon innocent men, women, and children again.
  The PRESIDING OFFICER (Mr. SMITH of Oregon). Is there further debate 
on the bill? If not, the question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (S. 871) was passed, as follows:

                                 S. 871

       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.

       (a) Findings.--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 an 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) Establishment.--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.
       (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 (hereinafter 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, may take 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) 8 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

[[Page S8414]]

     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 uniform 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; and
       (4) the ``Oklahoma Memorial Foundation Intergovernmental 
     Letter of Understanding'', dated, October 28, 1996.
       (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 comprehensive program for 
     management of those lands, operations and facilities within 
     the Memorial established by this Act.
       (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 council. 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.

       (a) 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

       (a) Prior to the construction of the memorial the 
     Administrator of the General Services Administration 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.

       (a) 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.

  Mr. NICKLES. Mr. President, I move to reconsider the vote.
  Mr. MOYNIHAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. NICKLES. Mr. President, I wish to thank my colleagues for their 
cooperation, particularly the chairman of the Finance Committee and the 
Senator from New York for their patience.

[[Page S8415]]

 I know they have a challenge before them today. I wish to compliment 
them, incidentally, on the work that they have done in the last 3 
months putting both bills together, both the Balanced Budget Act and 
the Tax Relief Act that we will be passing later today. They worked 
unbelievable hours. I compliment them for their very fine work. I thank 
all of my colleagues for their cooperation in allowing us to pass this 
bill so quickly this morning.
  I thank my colleagues, and I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ROTH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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