Union Calendar No. 182
105TH CONGRESS
1ST SESSION
H. R. 1849
[Report No. 105–316]
A BILL
To establish the Oklahoma City National Memorial
as a unit of the National Park System, to des-
ignate the Oklahoma City Memorial Trust, and
for other purposes.
OCTOBER 8, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Calendar No. 182
105TH CONGRESS
1ST SESSION
H. R. 1849
[Report No. 105–316]
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1997
Mr. LUCAS of Oklahoma introduced the following bill; which was referred to
the Committee on Resources
OCTOBER 8, 1997
Additional sponsors: Mr. FROST, Mr. LIPINSKI, Mr. ENGLISH of Pennsylvania,
Mr. WATKINS, Mr. BURR of North Carolina, Mr. WATTS of Oklahoma,
Mr. ISTOOK, Mr. UNDERWOOD, Mr. LARGENT, Mr. SNYDER, Mr. BEREU-
TER, Mr. REYES, Mr. COBURN, Ms. WOOLSEY, and Mr. GOODLATTE
OCTOBER 8, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 10, 1997]
A BILL
To establish the Oklahoma City National Memorial as a
unit of the National Park System, to designate the Okla-
homa City Memorial Trust, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 bru-
tally;
(3) suffering with such families are countless
survivors, including children, who struggle not only
with the suffering around them, but their own phys-
ical 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; and,
(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, re-
main as a testament to the sense of unity, compas-
sion, 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 unprece-
dented 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 Okla-
homa City Memorial will be established, designed,
managed and maintained to educate present and fu-
ture generations, through a public/private partner-
ship, to work together efficiently and respectfully in
developing a National Memorial relating to all as-
pects 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 Okla-
homa 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 lo-
cated in Oklahoma City, Oklahoma, there is established as
a unit of the National Park System the Oklahoma City Na-
tional Memorial. The Memorial shall be administered by
the Trust in cooperation with the Secretary and in accord-
ance 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 enti-
tled ‘‘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 Na-
tional 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 writ-
ing, 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 nec-
essary 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 Okla-
homa 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 des-
ignee.
(B) Eight individuals, appointed by the
President, from a list of recommendations sub-
mitted 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 enact-
ment 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 ex-
penses incurred by them in the performance of the du-
ties 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 provi-
sions 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 infor-
mation and opportunities for public comment regard-
ing operations maintenance and management of the
Memorial; as well as, policy, planning and design is-
sues.
(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 appoint-
ments 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 provi-
sions 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 ad-
ministered 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 re-
ferred 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 Sen-
ate and the Committee on Resources of the House
of Representatives a comprehensive and detailed
report of its operations, activities, and accom-
plishments for the prior fiscal year. The report
also shall include a section that describes in gen-
eral 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, man-
agement and interpretation of the Memorial including, but
not limited to, leasing, rehabilitation, repair and improve-
ment of property within the Memorial under its adminis-
trative 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 Mis-
sion 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 develop-
ment of programs and activities at the properties des-
ignated by the map, and the Trust shall have the au-
thority 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 au-
thorized activities. Any such agreements may be en-
tered 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 occu-
pancy 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 pro-
curement by Federal Agencies shall not apply to the
Trust, with the exception of laws and regulations re-
lated to Federal Government contracts governing
working conditions, and any civil rights provisions
otherwise applicable thereto.
(5) The Trust, in consultation with the Adminis-
trator 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 con-
tractor 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 plan-
ning, preservation, maintenance, management, and inter-
pretation of the Memorial. The Secretary also shall provide
such maintenance, interpretation, curatorial management,
and general management as mutually agreed to by the Sec-
retary and the Trust.
(d) DONATIONS.—The Trust may solicit and accept
donations of funds, property, supplies, or services from in-
dividuals, 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 admin-
istration, operation, preservation, restoration, operation
and maintenance, improvement, repair and related ex-
penses incurred with respect to Memorial properties under
its administrative jurisdiction. The Secretary of the Treas-
ury, at the option of the Trust shall invest excess monies
of the Trust in public debt securities which shall bear inter-
est 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. Litiga-
tion arising out of the activities of the Trust shall be con-
ducted 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 exer-
cised. The Trust is authorized, in consultation with the Sec-
retary, 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 appro-
priated 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 cre-
ation, 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 Ad-
ministrator 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 require-
ments or procedures for the disposal of Federal prop-
erty.
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 Ap-
propriations of the United States Senate, and the Commit-
tee 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.