PUBLIC LAW 107–226—SEPT. 24, 2002 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.

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.

Flight 93

National

Memorial Act.

16 USC 431 note.

Sept. 24, 2002

[H.R. 3917]

116 STAT. 1346 PUBLIC LAW 107–226—SEPT. 24, 2002

(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.

Deadline.

Reports.

Notice.

Newspapers.

Federal Register,

publication.

Pennsylvania.

PUBLIC LAW 107–226—SEPT. 24, 2002 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).

116 STAT. 1348 PUBLIC LAW 107–226—SEPT. 24, 2002

LEGISLATIVE HISTORY—H.R. 3917:

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.

Æ

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.