[105th Congress Public Law 58]
[From the U.S. Government Printing Office]

[DOCID: f:publ58.105]

Public Law 105-58
105th Congress

                                 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. <<NOTE: Oct. 9, 1997 -  [S. 871]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States <<NOTE: Oklahoma City National Memorial Act of 1997. 16 
USC 450ss note.>>  of America in Congress assembled,


    This Act may be cited as the ``Oklahoma City National Memorial Act 
of 1997''.


    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.

SEC. 3. <<NOTE: 16 USC 450ss-1.>>  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).


    (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.


    (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 <<NOTE: President.>>  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 <<NOTE: Public information.>>  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 
            (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 <<NOTE: Reports.>>  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.


    (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-
            (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 
            (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, <<NOTE: Regulations.>>  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 

    (c) Management <<NOTE: Contracts.>>  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 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. <<NOTE: Federal Register, publication.>>  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.


    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.


    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 
            (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. <<NOTE: Reports. 16 USC 450ss-7.>>  GENERAL ACCOUNTING OFFICE 

    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.

    Approved October 9, 1997.


HOUSE REPORTS: No. 105-316 accompanying H.R. 1849 (Comm. on Resources).
SENATE REPORTS: No. 105-71 (Comm. on Energy and Natural Resources).
            July 31, considered and passed Senate.
            Sept. 23, considered and passed House, amended.
            Sept. 25, Senate concurred in House amendment.
            Oct. 9, Presidential statement.