[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.
____________________