[House Report 114-416]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-416
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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\
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\1\``About the Memorial.'' 9/11 Memorial. National September 11
Memorial & Museum. Web. 7 Sept. 2015. .
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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.
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\2\``Facts and Figures.'' 9/11 Memorial. National September 11
Memorial & Museum. Web. 7 Sept. 2015.
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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.
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