[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3917 Enrolled Bill (ENR)]

        H.R.3917

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.