[107th Congress Public Law 226]
[From the U.S. Government Printing Office]


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[DOCID: f:publ226.107]


[[Page 116 STAT. 1345]]

Public Law 107-226
107th Congress

                                 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. <<NOTE: Sept. 24, 2002 -  [H.R. 3917]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Flight 93 
National Memorial Act. 16 USC 431 note.>> 

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.

[[Page 116 STAT. 1346]]

            (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. <<NOTE: Pennsylvania.>> 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. <<NOTE: Notice. Newspapers. Federal Register, 
publication.>> 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) <<NOTE: Deadline. Reports.>> 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.

[[Page 116 STAT. 1347]]

            (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).

[[Page 116 STAT. 1348]]

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.

    Approved September 24, 2002.

LEGISLATIVE HISTORY--H.R. 3917:
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HOUSE REPORTS: No. 107-597 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            July 22, considered and passed House.
            Sept. 10, considered and passed Senate.

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