[House Report 107-597]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-597
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FLIGHT 93 NATIONAL MEMORIAL ACT
_______
July 22, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3917]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3917) to authorize a national memorial to commemorate the
passengers and crew of Flight 93 who, on September 11, 2001,
courageously gave their lives thereby thwarting a planned
attack on our Nation's Capital, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight 93 National Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Passengers and crewmembers of United Airlines Flight 93
of September 11, 2001, courageously gave their lives, thereby
thwarting a planned attack on our Nation's Capital.
(2) In the months since the historic events of September 11,
thousands of people have visited the Flight 93 site, drawn by
the heroic action and sacrifice of the passengers and crew
aboard Flight 93.
(3) Many are profoundly concerned about the future
disposition of the crash site, including grieving families of
the passengers and crew, the people of the region who are the
current stewards of the site, and a broad spectrum of citizens
across the United States. Many of these people are forming the
Flight 93 Task Force as a broad, inclusive organization to
provide a voice for all interested and concerned parties.
(4) The crash site commemorates Flight 93 and is a profound
symbol of American patriotism and spontaneous leadership of
citizen-heroes. The determination of appropriate recognition at
the crash site of Flight 93 will be a slowly unfolding process
in order to address the interests and concerns of all
interested parties. Appropriate national assistance and
recognition must give ample opportunity for those involved to
voice these broad concerns.
(5) It is appropriate that the crash site of Flight 93 be
designated a unit of the National Park System.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the passengers
and crew of United Airlines Flight 93 of September 11, 2001.
(2) To establish the Flight 93 Advisory Commission to assist
with consideration and formulation of plans for a permanent
memorial to the passengers and crew of Flight 93, including its
nature, design, and construction.
(3) To authorize the Secretary of the Interior (hereinafter
referred to as the ``Secretary'') to coordinate and facilitate
the activities of the Flight 93 Advisory Commission, provide
technical and financial assistance to the Flight 93 Task Force,
and to administer a Flight 93 memorial.
SEC. 3. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.
There is established a memorial at the September 11, 2001, crash site
of United Airlines Flight 93 in the Stonycreek Township, Somerset
County, Pennsylvania, to honor the passengers and crew of Flight 93.
SEC. 4. FLIGHT 93 ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known as
the ``Flight 93 Advisory Commission'' (hereafter in this Act referred
to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary from
recommendations of the Flight 93 Task Force.
(c) Term.--The term of the members of the Commission shall be for the
life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. Notice of the Commission meetings and agendas for the
meetings shall be published in local newspapers in the vicinity of
Somerset County and in the Federal Register. Meetings of the Commission
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be as follow:
(1) Not later than 3 years after the date of the enactment of
this Act, the Commission shall submit to the Secretary and
Congress a report containing recommendations for the planning,
design, construction, and long-term management of a permanent
memorial at the crash site.
(2) The Commission shall advise the Secretary on the
boundaries of the memorial site.
(3) The Commission shall advise the Secretary in the
development of a management plan for the memorial site.
(4) The Commission shall consult and coordinate closely with
the Flight 93 Task Force, the Commonwealth of Pennsylvania, and
other interested parties, as appropriate, to support and not
supplant the efforts of the Flight 93 Task Force on and before
the date of the enactment of this Act to commemorate Flight 93.
(5) The Commission shall provide significant opportunities
for public participation in the planning and design of the
memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for the
purpose of carrying out this Act as the Commission considers
advisable from funds appropriated or received as gifts for that
purpose;
(2) subject to approval by the Secretary, solicit and accept
donations of funds and gifts, personal property, supplies, or
services from individuals, foundations, corporations, and other
private or public entities to be used in connection with the
construction or other expenses of the memorial;
(3) hold hearings, enter into contracts for personal services
and otherwise;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed memorial.
SEC. 5. DUTIES OF THE SECRETARY.
The Secretary is authorized to--
(1) provide assistance to the Commission, including advice on
collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission
and the Flight 93 Task Force;
(7) participate in the formulation of plans for the design of
the memorial, to accept funds raised by the Commission for
construction of the memorial, and to construct the memorial;
(8) acquire from willing sellers the land or interests in
land for the memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) to administer the Flight 93 memorial as a unit of the
National Park System in accordance with this Act and with the
laws generally applicable to units of the National Park System
such as the Act of August 25, 1916 (39 Stat. 585).
SEC. 6. CLARIFICATION OF PASSENGERS AND CREW.
For the purposes of this Act, the terrorists on United Airlines
Flight 93 on September 11, 2001, shall not be considered passengers or
crew of that flight.
PURPOSE OF THE BILL
The purpose of H.R. 3917 is to authorize a national
memorial to commemorate the passengers and crew of Flight 93
who, on September 11, 2001, courageously gave their lives
thereby thwarting a planned attack on our Nation's Capital, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
On September 11, 2001, United Airlines Flight 93 was
hijacked by terrorists, but was heroically diverted from its
intended path toward the Nation's Capital by the passengers and
crew and ultimately crashed in Shanksville, Pennsylvania
killing all aboard, but certainly saving the lives of many
others. Since that time, the hallowed ground of the crash site
has been visited by thousands from across the country in an
effort to pay tribute to the heroic victims of terrorism.
Today, only two memorials exist commemorating those killed
from attacks on America: (1) Oklahoma City National Memorial,
which memorializes the 168 people killed in the bombing of the
Alfred P. Murrah Federal Building, and (2) the USS Arizona
Memorial in Hawaii memorializing those killed in the attack on
Pearl Harbor. H.R. 3917 would establish a national memorial at
the Flight 93 crash site in the Stoneycreek Township, Sommerset
County, Pennsylvania as a unit of the National Park System.
H.R. 3917 would also establish a Flight 93 Advisory
Commission to assist the Secretary of the Interior in the
formulation of plans for the design, construction, and
management of the memorial. The Commission would consist of 15
members, including the Director of the National Park Service
and 14 members chosen by the Secretary of the Interior from the
Flight 93 Task Force, consisting of family members of the
victims, local residents, landowners, emergency responders,
local officials, historians and educators. The Commission will
submit within 3 years a report to the Secretary and Congress
containing their recommendations regarding the planning,
design, construction, and long term management of the memorial.
The Commission will then terminate upon dedication of the
memorial. H.R. 3917 also authorizes the Secretary of the
Interior to provide assistance to the Commission and Task Force
in carrying out their duties and to manage the memorial as a
unit of the National Park System.
COMMITTEE ACTION
H.R. 3917 was introduced on March 7, 2002 by Congressman
John Murtha (D-PA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On July 9, 2002,
the Subcommittee held a hearing on the bill. On July 10, 2002,
the Full Resources Committee met to mark up the bill. The
Subcommittee on National Parks, Recreation, and Public Lands
was discharged from further consideration of H.R. 3917 by
unanimous consent. Mr. Radanovich offered an amendment in the
nature of a substitute to make technical changes and to clarify
the authority by which the Advisory Commission may solicit or
accept gifts or contributions for the benefit of the national
memorial. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, the cost of
establishing the memorial could be offset by donations from
private sources, and such donations might be substantial, but
there is no basis for estimating such future revenues and
direct spending.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3917, the Flight
93 National Memorial Act.
If you wish further details on this estimate, we will be
pleased to provide them, The CBO staff contact is Deborah Reis.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3917--Flight 93 National Memorial Act
H.R. 3917 would establish a memorial at the crash site of
United Airlines Flight 93 in Somerset County, Pennsylvania. The
bill also would establish a 15-member commission to advise the
National Park Service (NPS) and the Congress on the planning,
design, and management of the memorial, which would be
administered as a unit of the National Park System. The NPS and
the commission would be authorized to accept and spend
donations for the acquisition and development of the memorial
site.
Based on information provided by the NPS and on the costs
of establishing other national and private memorials, CBO
estimates that acquiring property and developing the Flight 93
memorial would cost around $10 million, assuming appropriation
of the necessary amounts over the next five or six years. This
estimate includes land acquisition and site construction as
well as annual commission operations and federal technical
assistance over the next six years. We estimate that costs to
operate the memorial after construction would be about $500,000
annually, also assuming appropriation of the necessary amounts.
Both development and operating costs could vary
significantly, however, depending on the design chosen and the
level of public participation in this project. Costs could be
lower, for example, if a substantial portion of the land
necessary for the memorial is donated. Conversely, costs could
be higher if the chosen design for the memorial includes a
major building such as a museum. Finally, the cost of
establishing the memorial could be offset by donations from
private sources, and such donations might be substantial, but
there is no basis for estimating such future revenues and
direct spending. Because the bill could affect revenues and
direct spending, pay-as-you-go procedures would apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of State,
local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.