[Congressional Record Volume 143, Number 130 (Thursday, September 25, 1997)]
[Senate]
[Pages S9911-S9914]
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 the Chair lay before the Senate a 
message from the House of Representatives on (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 PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       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.

[[Page S9912]]

     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

[[Page S9913]]

     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.

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NICKLES. Mr. President, on behalf of myself and the cosponsor of 
this legislation, Senator Inhofe, the legislation we passed today, S. 
871, the Oklahoma City National Memorial Act of 1997, will create a 
permanent Memorial to 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 memorial, established as a unit of the National 
Park Service, will serve as a monument to those whose lives were taken 
and those 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.
  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 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 wholly owned 
Government corporation to be known as the Oklahoma City National 
Memorial Trust. The trust, in cooperation with the National Park 
Service, 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. I commend 
the hard work of my colleagues, Senator Gorton and Senator Byrd, for 
their help in securing a $5 million Federal appropriation in this 
year's appropriations bill. The $5 million Federal commitment 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 submit for the 
Record a list of individuals who formed the core of the Memorial Design 
Foundation. In addition, I would commend and extend particular 
appreciation to Gov. Frank Keating; his wife, Kathy 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; Mr. Zach Taylor; 
Mr. Bud Welch; Oklahoma City Fire Chief Gary Marrs; Mrs. Polly Nichols; 
Mr. Don Ferrell; Mr. Don Rogers; Mr. Richard Williams; and all others 
who worked hard to make this memorial possible. Our country is, indeed, 
proud of you, and I am very confident that our country will be proud of 
the Oklahoma City National Memorial.
  I also compliment and thank my colleague, Representative Frank Lucas, 
for his leadership in passing this in the House of Representatives, as 
well as my colleague, Jim Inhofe, who worked with me in putting this 
legislation together.
  Mr. President, I ask unanimous consent that a list of the Oklahoma 
City Memorial Board of Directors 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. INHOFE. Mr. President, I am pleased that the Senate has seen fit 
to pass the Oklahoma City National Memorial Act of 1997 (S. 871). I 
believe this was an important piece of legislation and one deserving 
immediate enactment. Once again, I would like to thank my colleague, 
Senator Nickles, for being the originating and driving force behind 
this piece of legislation in the Senate and Representative Lucas for 
shepherding through similar legislation in the House.
  Earlier, when we considered this bill, we were given the opportunity 
and the responsibility of remembering a unique group of American 
heroes. To most, these individuals are nameless, faceless victims of a 
savage terrorist attack. However, to friends and family of the victims 
they are remembered as far more. They are remembered as husbands, 
wives, and children. It was important for the rest of us to recognize 
the lives of these men, women, and children in their proper context.
  The 168 individuals who were killed during this cowardly attack, as 
well as those who were fortunate to survive, deserve our honor and 
utmost respect. It is fitting that the memorial was designed to honor 
them both in an appropriate and visible way. The victims of the bombing 
represent the true backbone of America. Their lives serve as a

[[Page S9914]]

testament to what this country is, what it can be, and what will be. As 
heroes, they will be honored. As individuals, they will be missed, 
mourned, and remembered as the true embodiment of our great American 
spirit.
  In addition to the immediate victims of the bombing, we have also 
recognized the law enforcement officials, the emergency rescue 
personnel, and the countless volunteers who rushed to our aid in our 
moment of crisis. The proposed memorial's acknowledgment of not only 
the victims, but the others involved in the rescue process, was 
artfully done to remind all of us that we are part of a nation that 
cares and responds to those in need.
  The establishment of the memorial is not only appropriate but an 
important tool for teaching future generations of Americans what we are 
all about--coming together. It is also a reminder to us that the price 
of our freedom is eternal vigilance against those who would rob us of 
our sense of security through acts of terrorism.
  Throughout the entire legislative process, I was pleased to note the 
extent of involvement by the survivors and the families of those who 
tragically lost their lives, as well as the larger community. This type 
of cooperation is not only indicative of how Oklahomans get things 
done, but will result in a Memorial that is aesthetically designed and 
truly meaningful to all those who will visit the site for generations 
to come.
  In closing, I would like to thank my colleagues for recognizing the 
importance of this legislation and giving it their immediate attention. 
We can all be proud we will now have a suitable memorial to honor the 
lives of the men, women, and children killed in the bombing.
  Mr. FAIRCLOTH addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. FAIRCLOTH. Mr. President, I ask unanimous consent to speak as in 
morning business for 5 minutes.
  Mr. NICKLES. Will the Senator withhold for a moment?
  Mr. FAIRCLOTH. Excuse me.
  The PRESIDING OFFICER. If the Senator will withhold. The Senator from 
Oklahoma.
  Mr. NICKLES. Mr. President, I would like to make sure we have taken 
final action on S. 871.
  The PRESIDING OFFICER. We have taken final action.
  Mr. NICKLES. I thank my colleague from North Carolina for his 
patience, as well as my colleague from Indiana for setting aside some 
time to pass this legislation. This is very important legislation to 
the people of Oklahoma and I think to our country as well.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. FAIRCLOTH. I thank the Senator from Oklahoma, and I thank the 
Chair.
  (The remarks of Mr. Faircloth pertaining to the introduction of S. 
1219 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. SMITH of Oregon. Mr. President, with the permission of the 
Senator from Indiana, I ask unanimous consent to speak as in morning 
business. I will take a couple minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SMITH of Oregon. I thank the Chair and the Senator from Indiana, 
Senator Coats.

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