[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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