99–006

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 unfoldVerDate 11-MAY-2000 22:38 Jul 23, 2002 Jkt 099006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR597.XXX pfrm01 PsN: HR597
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ing 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; 

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(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 

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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. 

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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 

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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.

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