I 

108TH CONGRESS 

1ST SESSION H. R. 1364

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 

MARCH 19, 2003

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘World Trade Center 

5 National Memorial Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds as follows: 
2

•HR 1364 IH 

1 (1) On September 11, 2001, terrorists hijacked 

2 four civilian aircraft, causing two of them to crash 

3 into the twin towers of the World Trade Center in 

4 New York City, a third into the Pentagon, and a 

5 fourth in rural southwest Pennsylvania. 

6 (2) Nearly 3,000 people were killed at the 

7 World Trade Center site in the most lethal terrorist 

8 attack ever committed against the United States. 

9 (3) In the months since the historic events of 

10 September 11, 2001, thousands of people have vis11 ited the World Trade Center site to mourn the dead, 

12 to pay tribute to the heroic action and sacrifice of 

13 the firefighters, police, emergency personnel, and 

14 other responders, and attempt to understand the na15 ture of this attack on the United States. 

16 (4) The attack on the World Trade Center re17 sulted in great destruction and damage to homes, 

18 churches, schools, and commercial and retail build19 ings, causing the loss of thousands of jobs and busi20 nesses in Lower Manhattan. 

21 (5) The human and emotional toll of this attack 

22 has been felt across the United States and through23 out the world. 

24 (6) Many are profoundly concerned about the 

25 future disposition of the World Trade Center site, 
3

•HR 1364 IH 

1 and many citizens, family members, professional or2 ganizations, local businesses and residents, and 

3 State and local officials have formed coalitions and 

4 held forums to provide a voice for all interested and 

5 concerned parties. 

6 (7) A broad and deep consensus has emerged in 

7 the United States that this site is a sacred site that 

8 cannot be forgotten and requires the highest form of 

9 national recognition. 

10 (8) It is appropriate that a national memorial 

11 be established at, or proximate to, the World Trade 

12 Center site to commemorate the internationally sig13 nificant events of September 11, 2001, and the lives 

14 lost, and that the memorial be designated as a unit 

15 of the National Park System. 

16 (b) PURPOSES.—The purposes of this Act are as fol17 lows: 

18 (1) To establish a national memorial at, or 

19 proximate to, the World Trade Center site in New 

20 York City to commemorate the tragic events of Sep21 tember 11, 2001. 

22 (2) To ensure the public has full access to and 

23 significant involvement in decisions regarding the lo24 cation, planning, and design of the national memo25 rial. 
4

•HR 1364 IH 

1 (3) To authorize the Secretary of the Interior 

2 to provide technical assistance to the Lower Manhat3 tan Development Corporation and to permanently 

4 administer the national memorial as a unit of the 

5 National Park System for present and future gen6 erations. 

7 (4) To establish in the Department of the Inte8 rior the World Trade Center Memorial Advisory 

9 Board to advise the Director of the National Park 

10 Service on the management of the memorial. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) BOARD.—The term ‘‘Board’’ means the 

14 World Trade Center Memorial Advisory Board es15 tablished in section 7. 

16 (2) CORPORATION.—The term ‘‘Corporation’’ 

17 means the Lower Manhattan Development Corpora18 tion, a public agency created to oversee the rebuild19 ing of the World Trade Center site and surrounding 

20 area. 

21 (3) GOVERNOR.—The term ‘‘Governor’’ means 

22 the Governor of New York. 

23 (4) MAYOR.—The term ‘‘Mayor’’ means the 

24 Mayor of New York City. 
5

•HR 1364 IH 

1 (5) MEMORIAL.—The term ‘‘Memorial’’ means 

2 a sculpture, structure, or landscape element, includ3 ing the real property on which it is sited, designed 

4 to commemorate the significance to the Nation of 

5 the events of September 11, 2001, at or proximate 

6 to the World Trade Center site in New York City 

7 and designated under section 4. 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL. 

11 (a) ESTABLISHMENT.—There is authorized to be es12 tablished as a unit of the National Park System, a na13 tional memorial at, or proximate to, the site of the World 

14 Trade Center in New York City. The proposed design and 

15 boundary of the Memorial shall be determined through a 

16 public planning process established by the Corporation 

17 and included in the report required by section 5. The final 

18 design and boundary of the Memorial shall be approved 

19 by the Secretary, the Governor, and the Mayor. 

20 (b) ADMINISTRATION.—Upon transfer to the United 

21 States by willing sellers of the land upon which the Memo22 rial is to be located, such land and the Memorial shall be 

23 administered by the Secretary through the National Park 

24 Service, as a unit of the National Park System, in accord25 ance with the provisions of this Act, the Act of August 
6

•HR 1364 IH 

1 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the 

2 Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–

3 467). 

4 SEC. 5. REPORT. 

5 (a) CONTENTS.—Not later than 3 years after the 

6 date of the enactment of this Act, the Corporation shall 

7 submit a report to the Secretary, the Governor, and the 

8 Mayor for approval. This report shall contain the fol9 lowing: 

10 (1) The recommended design and boundary for 

11 the Memorial. 

12 (2) A description of those considerations incor13 porated into the boundary and design necessary to 

14 permit the effective and efficient management of the 

15 Memorial as a unit of the National Park System. 

16 (3) A proposal and schedule for the transfer of 

17 interests in property as is appropriate to the Sec18 retary. The transfer must ensure that the property 

19 upon which the Memorial is to be located is trans20 ferred to the United States by willing sellers before 

21 construction of the Memorial begins. 

22 (4) A description of the processes and opportu23 nities provided for public participation in the devel24 opment of the report. 
7

•HR 1364 IH 

1 (5) Any other planning, scheduling, construc2 tion, and long-term management issues and rec3 ommendations which, in the opinion of the Corpora4 tion, merit inclusion in the report. 

5 (b) APPROVAL PROCESS.—Not later than 90 days 

6 after receiving notification by the Governor and the Mayor 

7 of their respective approvals of the report, the Secretary 

8 shall approve or disapprove the report. If the Secretary 

9 disapproves the report, the Secretary shall advise the Cor10 poration, in writing, of the reasons for such disapproval 

11 and shall indicate any recommendations for revisions. Not 

12 later than 45 days after receiving any necessary revisions 

13 to the report, the Secretary shall approve or disapprove 

14 the revised report. 

15 (c) FINAL REPORT.—The final report approved by 

16 the Secretary, the Governor, and the Mayor shall be trans17 mitted to the Committee on Energy and Natural Re18 sources of the Senate, and the Committee on Resources 

19 of the House of Representatives. 

20 SEC. 6. DUTIES OF THE SECRETARY. 

21 The Secretary is authorized to take the following ac22 tions: 

23 (1) Upon request by the Corporation, to provide 

24 assistance in conducting public meetings and fo25 rums. 
8

•HR 1364 IH 

1 (2) Provide project management assistance for 

2 planning, design, and construction activities and in 

3 particular, to provide consultation and information 

4 permitting the plans and designs included within the 

5 report as required in section 5 to incorporate such 

6 elements necessary to facilitate the effective and effi7 cient management of the Memorial as a unit of the 

8 National Park System. 

9 (3) Provide other assistance related to docu10 mentation and interpretation of the site and preser11 vation of Memorial artifacts. 

12 (4) Acquire from willing sellers the land or in13 terests in land for the Memorial site by donation, 

14 purchase with donated or appropriated funds, or ex15 change. 

16 (5) Administer, through the National Park 

17 Service, the Memorial as a unit of the National Park 

18 System in accordance with this Act and with the 

19 laws generally applicable to units of the National 

20 Park System. 

21 (6) Prepare a charter for the Board established 

22 in section 7 to clarify its role and its relationship 

23 with the Department of the Interior and the Na24 tional Park Service. 
9

•HR 1364 IH 

1 SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER 

2 MEMORIAL ADVISORY BOARD. 

3 (a) ESTABLISHMENT.—Upon transfer of the com4 pleted Memorial to the National Park Service, there is es5 tablished an advisory Board to be known as the ‘‘World 

6 Trade Center Memorial Advisory Board’’. 

7 (b) DUTIES.—The Board shall operate as an advisor 

8 to the National Park Service on the management of the 

9 Memorial, taking into consideration input from the public 

10 and interested parties. 

11 (c) MEMBERSHIP.—The Board shall be composed of 

12 17 members appointed by the Secretary as follows: 

13 (1) Two members appointed after consideration 

14 of recommendations by each United States Senator 

15 from the State of New York. 

16 (2) One member appointed after consideration 

17 of recommendations by the member of the United 

18 States House of Representatives whose district shall 

19 encompass the World Trade Center site. 

20 (3) Four members appointed after consideration 

21 of recommendations by the Mayor, to represent a 

22 broad spectrum of interested citizens, agencies, and 

23 organizations. 

24 (4) Four members appointed after consideration 

25 of recommendations by the Governor, to represent a 
10

•HR 1364 IH 

1 broad spectrum of interested citizens, agencies, and 

2 organizations. 

3 (5) Six members appointed after consideration 

4 of recommendations by the President. 

5 (d) TERMS.—Members of the Board shall serve for 

6 a term of 3 years. Any member of the Board may continue 

7 to serve after the expiration of his or her term, until such 

8 time as a successor is appointed. Any vacancy in the 

9 Board shall be filled in the same manner in which the 

10 original appointment was made. 

11 (e) CHAIR.—The members of the Board shall des12 ignate 1 of the members as Chair of the Board. 

13 (f) MEETINGS.—The Board shall meet on a regular 

14 basis, at least 4 times a year. Notice of meetings shall 

15 be published in local newspapers. Board meetings shall be 

16 held at locations and in such a manner as to ensure ade17 quate public involvement. 

18 (g) QUORUM.—A majority of the members serving on 

19 the Board shall constitute a quorum for the transaction 

20 of any business. 

21 (h) VOTING.—The Board shall act and advise by a 

22 majority vote of the members present at any meeting at 

23 which a quorum is in attendance. 

24 (i) EXPENSES.—Members of the Board shall serve 

25 without compensation, but while engaged in official busi-
11

•HR 1364 IH 

1 ness shall be entitled to travel expenses, including per 

2 diem in lieu of subsistence in the same manner as persons 

3 employed intermittently in Federal Government service 

4 under section 5703 of title 5, United States Code. 

5 (j) TERMINATION.—The Board shall terminate 60 

6 days after the date upon which the Memorial ceases to 

7 be administered by the National Park Service. 

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) CONSTRUCTION.—Upon approval of the report re10 quired by section 5, the Secretary is authorized to grant 

11 such sums as may be necessary to the Corporation for the 

12 construction of a permanent Memorial in accordance with 

13 the approved report. 

14 (b) MATCHING REQUIREMENT.—Funds made avail15 able pursuant to subsection (a) shall not exceed 50 percent 

16 of the construction cost of the Memorial. 

17 (c) TECHNICAL ASSISTANCE.—There is authorized to 

18 be appropriated to the National Park Service, $300,000 

19 for fiscal year 2004 and each fiscal year thereafter to pro20 vide technical assistance to the Corporation and to other21 wise carry out this Act. 

22 (d) BOARD.—There is authorized to be appropriated 

23 to the Board such sums as may be necessary to perform 

24 its responsibilities under this Act.

Æ