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114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       114-416

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



 
                           9/11 MEMORIAL ACT

                                _______
                                

February 9, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3036]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3036) to designate the National September 11 
Memorial located at the World Trade Center site in New York 
City, New York, as a national memorial, 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:

SEC. 1. SHORT TITLE.

   This Act may be cited as the ``9/11 Memorial Act''.

SEC. 2. DEFINITIONS.

  For purposes of this Act:
          (1) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit organization as defined in section 501(c)(3) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) in 
        existence on the date of enactment of this Act.
          (2) Map.--The term ``map'' means the map titled ``National 
        September 11 Memorial Proposed Boundary'', numbered 903/128928, 
        and dated June 2015.
          (3) National september 11 memorial.--The term ``National 
        September 11 Memorial'' means the area approximately bounded by 
        Fulton, Greenwich, Liberty and West Streets as generally 
        depicted on the map.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. DESIGNATION OF MEMORIAL.

  (a) Designation.--The National September 11 Memorial is hereby 
designated as a national memorial.
  (b) Map.--The map shall be available for public inspection and kept 
on file at the appropriate office of the Secretary.
  (c) Effect of Designation.--The national memorial designated under 
this section shall not be a unit of the National Park System and the 
designation of the national memorial shall not be construed to require 
or authorize Federal funds to be expended for any purpose related to 
the national memorial except as provided under section 4.

SEC. 4. COMPETITIVE GRANTS FOR CERTAIN MEMORIALS.

  (a) Competitive Grants.--Subject to the availability of 
appropriations, the Secretary may award a single grant per year through 
a competitive process to an eligible entity for the operation and 
maintenance of any memorial located within the United States 
established to commemorate the events of and honor--
          (1) the victims of the terrorist attacks on the World Trade 
        Center, the Pentagon, and United Airlines Flight 93 on 
        September 11, 2001; and
          (2) the victims of the terrorist attack on the World Trade 
        Center on February 26, 1993.
  (b) Availability.--Funds made available under this section shall 
remain available until expended.
  (c) Criteria.--In awarding grants under this section, the Secretary 
shall give greatest weight in the selection of eligible entities using 
the following criteria:
          (1) Experience in managing a public memorial that will 
        benefit the largest number of visitors each calendar year.
          (2) Experience in managing a memorial of significant size (4 
        acres or more).
          (3) Successful coordination and cooperation with Federal, 
        State, and local governments in operating and managing the 
        memorial.
          (4) Ability and commitment to use grant funds to enhance 
        security at the memorial.
          (5) Ability to use grant funds to increase the numbers of 
        economically disadvantaged visitors to the memorial and 
        surrounding areas.
  (d) Summaries.--Not later than 30 days after the end of each fiscal 
year in which an eligible entity obligates or expends any part of a 
grant under this section, the eligible entity shall prepare and submit 
to the Secretary and Congress a summary that--
          (1) specifies the amount of grant funds obligated or expended 
        in the preceding fiscal year;
          (2) specifies the purpose for which the funds were obligated 
        or expended; and
          (3) includes any other information the Secretary may require 
        to more effectively administer the grant program.
  (e) Sunset.--The authority to award grants under this section shall 
expire on the date that is 7 years after the date of the enactment of 
this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3036 is to designate the National 
September 11 Memorial located at the World Trade Center site in 
New York City, New York, as a national memorial.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National 9/11 Memorial commemorates the attacks of 
September 11, 2001. The Memorial is the principal tribute of 
remembrance and honor to the nearly 3,000 people killed in the 
terror attacks at the World Trade Center site, near 
Shanksville, Pennsylvania, at the Pentagon, as well as the six 
people killed in the World Trade Center bombing in February 
1993.\1\
---------------------------------------------------------------------------
    \1\``About the Memorial.'' 9/11 Memorial. National September 11 
Memorial & Museum. Web. 7 Sept. 2015. .
---------------------------------------------------------------------------
    The 9/11 Memorial plaza opened on September 11, 2011, the 
10th anniversary of the attacks. Since 2011, more than 21 
million people have visited the plaza.\2\ The Memorial plaza is 
located on the western side of the former World Trade Center 
complex. The Memorial's twin reflecting pools, each nearly an 
acre in size, sit within the footprints where the Twin Towers 
once stood. The names of every person who died in the 2001 and 
1993 attacks are inscribed into bronze panels edging the 
Memorial pools. Entrance to the Memorial plaza is free and open 
to the public year-round.
---------------------------------------------------------------------------
    \2\``Facts and Figures.'' 9/11 Memorial. National September 11 
Memorial & Museum. Web. 7 Sept. 2015.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 3036 was introduced on July 13, 2015, by Congressman 
Thomas MacArthur (R-NJ). The bill was referred to the Committee 
on Natural Resources. Within the Natural Resources Committee, 
the bill was referred to the Subcommittee on Federal Lands. On 
February 2, 2016, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Congressman MacArthur offered an amendment in the 
nature of a substitute to create a competitive grant program 
that covers any memorial established to honor the victims from 
the September, 11, 2001, terrorist attacks on the World Trade 
Center, the Pentagon, and United Airlines Flight 93, as well as 
the victims of the terrorist attack on the World Trade Center 
on February 26, 1993; it was adopted by unanimous consent. The 
bill, as amended, was ordered favorably reported on February 3, 
2016, 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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 3036--9/11 Memorial Act

    H.R. 3036 would designate the National September 11 
Memorial located at the World Trade Center in New York City, 
New York, as a national memorial. However, under the bill the 
memorial would not be a unit of the National Park Service. 
Instead, the bill would authorize the Secretary of the Interior 
to award a competitive grant to a private entity to operate and 
maintain a memorial established to commemorate the terrorist 
attacks of 1993 and 2001. The authority to provide grants would 
expire seven years after the bill's enactment.
    Based on the operating budget of the September 11 Memorial, 
CBO estimates that annual grant funding under the bill would 
total about $25 million per year. Assuming that the bill is 
enacted near the end of fiscal year 2016 and that 
appropriations of the necessary amounts are provided, CBO 
estimates that implementing H.R. 3036 would cost $80 million 
over the 2017-2021 period and $95 million after 2021. Enacting 
H.R. 3036 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3036 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year period beginning in 2027.
    H.R. 3036 contains no intergovernmental or private-sector 
mandates as defmed in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mann Burnett. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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 spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that implementing 
the bill would cost $80 million over the 2017-2021 period and 
$95 million after 2021, subject to appropriation.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to designate the National September 
11 Memorial located at the World Trade Center site in New York 
City, New York, as a national memorial.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman believes that this bill 
does not direct an executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.

                                  [all]