[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4040

To authorize a national memorial to commemorate the final resting place 
of those lost at the World Trade Center on September 11, 2001, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2004

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

_______________________________________________________________________

                                 A BILL


 
To authorize a national memorial to commemorate the final resting place 
of those lost at the World Trade Center on September 11, 2001, 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 ``September 11th Heroes Memorial Park 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) On September 11, 2001, terrorists hijacked 4 civilian 
        aircraft, crashing 2 of them into the towers of the World Trade 
        Center in New York City, causing the destruction of the towers.
            (2) These were by far the deadliest terrorist attacks ever 
        launched against the United States, claiming the lives of more 
        than 3,000 innocent people, 2,797 of whom died in New York 
        City.
            (3) The debris from the destruction of the World Trade 
        Center towers was taken to a landfill on Staten Island, New 
        York, for cleanup and investigation and to continue the 
        recovery of victim remains and effects that could not be 
        performed at the site of the towers' collapse in Manhattan.
            (4) Over the 10-month period following September 11, 2001, 
        more than 1,000 people worked at the landfill around the clock 
        every day, tirelessly and carefully sifting through all 
        1,620,000 tons of debris from the World Trade Center site 
        searching for remains, personal effects, and evidence from what 
        is now considered to be history's largest crime scene.
            (5) Approximately 20 percent of all the victim remains 
        recovered following the towers' collapse, as well as more than 
        54,000 personal items, from wedding rings and photographs to 
        driver licenses and keys were retrieved at the Staten Island 
        site.
            (6) The remains of 306 of the 1,423 World Trade Center 
        victims whose remains have been identified and returned to 
        their families were recovered at the Staten Island site.
            (7) Victims' families were brought some sort of peace by 
        being given back something personal of lost loved ones, whether 
        through a positive identification of a victim's remains or the 
        return of something so simple and yet so meaningful as a 
        wedding ring, a watch, or a wallet.
            (8) On July 15, 2002, after 10 months, the cleanup and 
        recovery operations at the landfill on Staten Island, New York, 
        came to a somber conclusion.
            (9) The site commemorates those lost. The determination of 
        appropriate recognition there 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.
            (10) It is appropriate that the site 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 final 
        resting place of some of those lost at the World Trade Center 
        on September 11, 2001.
            (2) To establish the memorial advisory commission to assist 
        with consideration and formulation of plans for a permanent 
        memorial to those lost at the World Trade Center, including its 
        nature, design, and construction.
            (3) To authorize the Secretary of the Interior to 
        coordinate and facilitate the activities of the Memorial 
        Advisory Commission and administer a victim's memorial at the 
        site of the Fresh Kills Landfill operation on Staten Island, 
        New York.

SEC. 3. MEMORIAL TO HONOR THE FINAL RESTING PLACE OF THOSE LOST AT THE 
              WORLD TRADE CENTER ON SEPTEMBER 11, 2001.

     There is established a memorial at the Staten Island recovery site 
to honor the final resting place of those lost at the World Trade 
Center on September 11, 2001.

SEC. 4. ADVISORY COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``September 11th Heroes Memorial Park Advisory Commission'' 
(hereafter in this Act referred to as the ``Commission'').
    (b) Membership.--The Commission shall consist of 15 members as 
follows:
            (1) The Director of the National Park Service, or the 
        Director's designee.
            (2) 7 members appointed by the Secretary of the Interior.
            (3) 5 members appointed by the Member of Congress 
        representing the 13th Congressional District of the State of 
        New York.
            (4) 1 member appointed by the mayor of the City of New 
        York, New York.
            (5) 1 member appointed by the governor of the State of New 
        York.
    (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 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 Commission shall--
            (1) not later than 3 years after the date of the enactment 
        of this Act, submit to the Secretary of the Interior and 
        Congress a report containing recommendations for the planning, 
        design, construction, and long-term management of a permanent 
        memorial at the memorial site;
            (2) advise the Secretary of the Interior on the boundaries 
        of the memorial site;
            (3) advise the Secretary of the Interior in the development 
        of a management plan for the memorial;
            (4) consult and coordinate closely with the city of New 
        York, the State of New York, and other interested parties, 
        including coordination with the City of New York's Master 
        Planning for the Fresh Kills Landfill site;
            (5) ensure a plan for adequate Federal funding of long-term 
        operation and maintenance of the memorial;
            (6) provide significant opportunities for public 
        participation in the planning and design of the memorial; and
            (7) officially name 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) accept gifts to be used in carrying out this section or 
        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 staff.
    (k) Termination.--The Commission shall terminate upon dedication of 
the completed memorial.

SEC. 5. DUTIES OF THE SECRETARY.

     The Secretary of the Interior 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) participate in or support the planning efforts for the 
        memorial;
            (5) provide programming and design assistance to the 
        Commission for possible memorial exhibits, collections, or 
        activities;
            (6) provide project management assistance to the Commission 
        for design and construction activities;
            (7) provide staff assistance and support to the Commission;
            (8) participate in the formulation of plans for the design 
        of the memorial and to construct the memorial;
            (9) 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
            (10) administer the ``September 11th Heroes'' memorial as a 
        unit of the National Park Service 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).
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