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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-597

======================================================================



 
                    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.