[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5725 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5725

 To authorize a national memorial at, or proximate to, the World Trade 
Center site to commemorate the tragic events of September 11, 2001, to 
establish the World Trade Center Memorial Advisory Board, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2002

  Mr. Nadler introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize a national memorial at, or proximate to, the World Trade 
Center site to commemorate the tragic events of September 11, 2001, to 
establish the World Trade Center Memorial Advisory Board, 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 ``World Trade Center National 
Memorial Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds as follows:
            (1) On September 11, 2001, terrorists hijacked four 
        civilian aircraft, causing two of them to crash into the twin 
        towers of the World Trade Center in New York City, a third into 
        the Pentagon, and a fourth in rural southwest Pennsylvania.
            (2) Nearly 3,000 people were killed at the World Trade 
        Center site in the most lethal terrorist attack ever committed 
        against the United States.
            (3) In the months since the historic events of September 
        11, 2001, thousands of people have visited the World Trade 
        Center site to mourn the dead, to pay tribute to the heroic 
        action and sacrifice of the firefighters, police, emergency 
        personnel, and other responders, and attempt to understand the 
        nature of this attack on the United States.
            (4) The attack on the World Trade Center resulted in great 
        destruction and damage to homes, churches, schools, and 
        commercial and retail buildings, causing the loss of thousands 
        of jobs and businesses in Lower Manhattan.
            (5) The human and emotional toll of this attack has been 
        felt across the United States and throughout the world.
            (6) Many are profoundly concerned about the future 
        disposition of the World Trade Center site, and many citizens, 
        family members, professional organizations, local businesses 
        and residents, and State and local officials have formed 
        coalitions and held forums to provide a voice for all 
        interested and concerned parties.
            (7) A broad and deep consensus has emerged in the United 
        States that this site is a sacred site that cannot be forgotten 
        and requires the highest form of national recognition.
            (8) It is appropriate that a national memorial be 
        established at, or proximate to, the World Trade Center site to 
        commemorate the internationally significant events of September 
        11, 2001, and the lives lost, and that the memorial be 
        designated as a unit of the National Park System.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish a national memorial at, or proximate to, 
        the World Trade Center site in New York City to commemorate the 
        tragic events of September 11, 2001.
            (2) To ensure the public has full access to and significant 
        involvement in decisions regarding the location, planning, and 
        design of the national memorial.
            (3) To authorize the Secretary of the Interior to provide 
        technical assistance to the Lower Manhattan Development 
        Corporation and to permanently administer the national memorial 
        as a unit of the National Park System for present and future 
        generations.
            (4) To establish in the Department of the Interior the 
        World Trade Center Memorial Advisory Board to advise the 
        Director of the National Park Service on the management of the 
        memorial.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Board.--The term ``Board'' means the World Trade Center 
        Memorial Advisory Board established in section 7.
            (2) Corporation.--The term ``Corporation'' means the Lower 
        Manhattan Development Corporation, a public agency created to 
        oversee the rebuilding of the World Trade Center site and 
        surrounding area.
            (3) Governor.--The term ``Governor'' means the Governor of 
        New York.
            (4) Mayor.--The term ``Mayor'' means the Mayor of New York 
        City.
            (5) Memorial.--The term ``Memorial'' means a sculpture, 
        structure, or landscape element, including the real property on 
        which it is sited, designed to commemorate the significance to 
        the Nation of the events of September 11, 2001, at or proximate 
        to the World Trade Center site in New York City and designated 
        under section 4.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL.

    (a) Establishment.-- There is authorized to be established as a 
unit of the National Park System, a national memorial at, or proximate 
to, the site of the World Trade Center in New York City. The proposed 
design and boundary of the Memorial shall be determined through a 
public planning process established by the Corporation and included in 
the report required by section 5. The final design and boundary of the 
Memorial shall be approved by the Secretary, the Governor, and the 
Mayor.
    (b)  Administration.--Upon transfer to the United States by willing 
sellers of the land upon which the Memorial is to be located, such land 
and the Memorial shall be administered by the Secretary through the 
National Park Service, as a unit of the National Park System, in 
accordance with the provisions of this Act, the Act of August 25, 1916 
(39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 
(49 Stat. 666; 16 U.S.C. 461-467).

SEC. 5. REPORT.

    (a) Contents.--Not later than 3 years after the date of the 
enactment of this Act, the Corporation shall submit a report to the 
Secretary, the Governor, and the Mayor for approval. This report shall 
contain the following:
            (1) The recommended design and boundary for the Memorial.
            (2) A description of those considerations incorporated into 
        the boundary and design necessary to permit the effective and 
        efficient management of the Memorial as a unit of the National 
        Park System.
            (3) A proposal and schedule for the transfer of interests 
        in property as is appropriate to the Secretary. The transfer 
        must ensure that the property upon which the Memorial is to be 
        located is transferred to the United States by willing sellers 
        before construction of the Memorial begins.
            (4) A description of the processes and opportunities 
        provided for public participation in the development of the 
        report.
            (5) Any other planning, scheduling, construction, and long-
        term management issues and recommendations which, in the 
        opinion of the Corporation, merit inclusion in the report.
    (b) Approval Process.--Not later than 90 days after receiving 
notification by the Governor and the Mayor of their respective 
approvals of the report, the Secretary shall approve or disapprove the 
report. If the Secretary disapproves the report, the Secretary shall 
advise the Corporation, in writing, of the reasons for such disapproval 
and shall indicate any recommendations for revisions. Not later than 45 
days after receiving any necessary revisions to the report, the 
Secretary shall approve or disapprove the revised report.
    (c) Final Report.--The final report approved by the Secretary, the 
Governor, and the Mayor shall be transmitted to the Committee on Energy 
and Natural Resources of the Senate, and the Committee on Resources of 
the House of Representatives.

SEC. 6. DUTIES OF THE SECRETARY.

     The Secretary is authorized to take the following actions:
            (1) Upon request by the Corporation, to provide assistance 
        in conducting public meetings and forums.
            (2) Provide project management assistance for planning, 
        design, and construction activities and in particular, to 
        provide consultation and information permitting the plans and 
        designs included within the report as required in section 5 to 
        incorporate such elements necessary to facilitate the effective 
        and efficient management of the Memorial as a unit of the 
        National Park System.
            (3) Provide other assistance related to documentation and 
        interpretation of the site and preservation of Memorial 
        artifacts.
            (4) Acquire from willing sellers the land or interests in 
        land for the Memorial site by donation, purchase with donated 
        or appropriated funds, or exchange.
            (5) Administer, through the National Park Service, the 
        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.
            (6) Prepare a charter for the Board established in section 
        7 to clarify its role and its relationship with the Department 
        of the Interior and the National Park Service.

SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY 
              BOARD.

    (a) Establishment.--Upon transfer of the completed Memorial to the 
National Park Service, there is established an advisory Board to be 
known as the ``World Trade Center Memorial Advisory Board''.
    (b) Duties.--The Board shall operate as an advisor to the National 
Park Service on the management of the Memorial, taking into 
consideration input from the public and interested parties.
    (c) Membership.--The Board shall be composed of 17 members 
appointed by the Secretary as follows:
            (1) Two members appointed after consideration of 
        recommendations by each United States Senator from the State of 
        New York.
            (2) One member appointed after consideration of 
        recommendations by the member of the United States House of 
        Representatives whose district shall encompass the World Trade 
        Center site.
            (3) Four members appointed after consideration of 
        recommendations by the Mayor, to represent a broad spectrum of 
        interested citizens, agencies, and organizations.
            (4) Four members appointed after consideration of 
        recommendations by the Governor, to represent a broad spectrum 
        of interested citizens, agencies, and organizations.
            (5) Six members appointed after consideration of 
        recommendations by the President.
    (d) Terms.--Members of the Board shall serve for a term of 3 years. 
Any member of the Board may continue to serve after the expiration of 
his or her term, until such time as a successor is appointed. Any 
vacancy in the Board shall be filled in the same manner in which the 
original appointment was made.
    (e) Chair.--The members of the Board shall designate 1 of the 
members as Chair of the Board.
    (f) Meetings.--The Board shall meet on a regular basis, at least 4 
times a year. Notice of meetings shall be published in local 
newspapers. Board meetings shall be held at locations and in such a 
manner as to ensure adequate public involvement.
    (g) Quorum.--A majority of the members serving on the Board shall 
constitute a quorum for the transaction of any business.
    (h) Voting.--The Board shall act and advise by a majority vote of 
the members present at any meeting at which a quorum is in attendance.
    (i) Expenses.--Members of the Board shall serve without 
compensation, but while engaged in official business shall be entitled 
to travel expenses, including per diem in lieu of subsistence in the 
same manner as persons employed intermittently in Federal Government 
service under section 5703 of title 5, United States Code.
    (j) Termination.--The Board shall terminate 60 days after the date 
upon which the Memorial ceases to be administered by the National Park 
Service.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Construction.--Upon approval of the report required by section 
5, the Secretary is authorized to grant such sums as may be necessary 
to the Corporation for the construction of a permanent Memorial in 
accordance with the approved report.
    (b) Matching Requirement.--Funds made available pursuant to 
subsection (a) shall not exceed 50 percent of the construction cost of 
the Memorial.
    (c) Technical Assistance.--There is authorized to be appropriated 
to the National Park Service, $300,000 for fiscal year 2003 and each 
fiscal year thereafter to provide technical assistance to the 
Corporation and to otherwise carry out this Act.
    (d) Board.--There is authorized to be appropriated to the Board 
such sums as may be necessary to perform its responsibilities under 
this Act.
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