[Pages H6514-H6517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VICTIMS OF TERRORIST ATTACKS MEMORIAL ACT

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill

[[Page H6515]]

(H.R. 2982) to authorize the establishment of a memorial within the
area in the District of Columbia referred to in the Commemorative Works
Act as ``Area I'' or ``Area II'' to the victims of terrorist attacks on
the United States, to provide for the design and construction of such a
memorial, and for other purposes, as amended.
The Clerk read as follows:

H.R. 2982

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

SECTION 1. AUTHORIZATION OF MEMORIAL.

(a) In General.--The Advisory Board established in section
2(a) is authorized to establish a memorial (referred to
hereafter in this Act as the ``Memorial'') in accordance with
this Act on Federal lands administered by the National Park
Service in the District of Columbia and its environs (as
defined in section 2(e) of the Commemorative Works Act (40
U.S.C. 1002(e)) to victims who died as a result of terrorist
acts against the United States or its people, at home or
abroad, except those individuals identified by the Attorney
General of the United States as participating or conspiring
in terrorist-related activities.
(b) Detail of Employees.--The Secretary of the Interior
(referred to hereafter in this Act as the ``Secretary'')
shall detail to the Advisory Board such support staff as are
necessary to assist the members of the Advisory Board in
carrying out its responsibilities.
(c) Relationship to the Commemorative Works Act.--The
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply
to the Memorial, with the exception of section 3(c) of that
Act which shall not apply to the Memorial.

SEC. 2. ADVISORY BOARD.

(a) Establishment.--There is established an advisory board
to be known as the ``Victims of Terrorism Memorial Advisory
Board'' (referred to hereafter in this Act as the ``Advisory
Board'').
(b) Members.--The Advisory Board shall consist of 13
members who shall be appointed, not later than 3 months after
the date of the enactment of this Act, by the President (in
consultation with the Secretary of the Interior and the
Secretary of Defense) from interested persons, including
representatives of organizations dedicated to assisting
victims of terrorism and their families.
(c) Chairperson.--The Chairperson of the Advisory Board
shall be one of its Members elected by a majority of the
Members at the first meeting of the Advisory Board.
(d) Terms; Vacancies.--Members of the Advisory Board shall
serve for the life of the Advisory Board. The President shall
make appointments to fill any vacancies that occur.
(e) Duties.--The Advisory Board shall--
(1) raise necessary funds to establish, design, construct,
and maintain the Memorial; and
(2) begin consultation under section 7 of the Commemorative
Works Act not later than 1 year after the date of the
enactment of this Act.
(f) Donations.--The Advisory Board may accept donations on
behalf of the United States for the establishment, design,
construction, and maintenance of the Memorial.
(g) Termination.--The Advisory Board shall terminate not
later than 120 days after completion of the Memorial.
(h) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Board.

SEC. 3. DEPOSIT OF EXCESS FUNDS.

If, upon payment of all expenses of the establishment of
the Memorial (including the maintenance and preservation
amount provided for in section 8(b) of the Commemorative
Works Act), or upon expiration of the authority for the
Memorial under section 10(b) of that Act, there remains a
balance in the funds received under section 3(f) for
maintenance of the Memorial, the Chairperson of the Advisory
Board shall transfer the amount of the balance to the
Secretary of the Treasury for deposit in the account provided
for in section 8(b)(1) of that Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
H.R. 2982, introduced by the gentleman from Texas (Mr. Turner), who
has worked so tirelessly on this legislation, and sponsored by myself
and over 121 Members of the House of Representatives, would establish a
memorial to the victims who died as a result of terrorist acts against
the United States or its people.
The gentleman from Texas (Mr. Turner) went out of his way to do an
exceptionally fine job on this legislation. One of the most interesting
hearings we have had in the Committee on Resources was put on by him.
It included Lisa Beamer whose husband Todd was part of Flight 93 that
crashed in Pennsylvania and coined that phrase, ``Let's roll,'' with
the President standing there in front of the Chair where he sat.
Mr. Brady Howell, whose wife, Liz, works for us in the Committee on
Resources. Brady was the all-American boy. He was an Eagle Scout. He
was a four-point student. He was the quarterback. He was the student
body president. He was a missionary for his church. He did everything
one can imagine and had a great sense of humor.
Mr. Joe Finley, a New York firefighter, who most of his squadron was
killed on that tragic day.
Lieutenant Colonel Terry Andersen, who went into the Pentagon and
saved many people and worked diligently. So many illustrations of
honor.
This bill would authorize a memorial to victims who died as a result
of terrorism against the United States or its people at home or abroad,
except those individuals identified as participating or conspiring on
terrorist-related activities.
Mr. Speaker, the great memorials that dot the landscape of our
Nation's capital reflect the course of American history and are a
constant reminder of our commitment to freedom, justice and democracy.
We see these shared values in our monuments to great leaders, and we
see them in our memorials to the soldiers who died in great wars fought
in Europe, in the Pacific, in Korea and in Vietnam.
The new war of the 21st century, this war on terrorism, will not be
marked by one geographic location. It is a global war that has been, is
being, and will be fought at home and abroad. Already thousands of
people have lost their lives to terrorist attacks on the United States.
These victims of terrorist attacks deserve solemn tribute, for they
died at the hands of enemies of America because they were simply
Americans.
Mr. Speaker, H.R. 2982 would authorize the establishment of an
advisory board to raise funds for the design, construction, and
maintenance of a living memorial, and to work with the National Capital
Memorial Commission and the Secretary of the Interior on the placement
of the memorial.
H.R. 2982 will honor those Americans whose lives have been lost to
terrorism and will symbolize the great struggle in which we are now
engaged. Someday this memorial will mark the time and the course of
history when freedom and respect for the dignity of man overcame
tyranny and hate and evil. Indeed, it will stand for the age when
America faced its greatest challenge.
I urge my colleagues to support H.R. 2982, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, while the text of this legislation refers to
a memorial intended to honor anyone who has ever been the victim of a
terrorist attack on the United States, our hearings on this measure
focused on the victims of the September 11 hijackings and attacks on
the World Trade Center and the Pentagon. Those events are the catalysts
for this legislation.
While it has been said often, it cannot be said often enough: our
thoughts and prayers continue to go out to those affected by the events
of that awful day. While we as a nation have attempted to go on with
our lives, the tragedy and loss of that day are never far from our
hearts or minds.
The scope and severity of that terrible tragedy make it difficult to
know how best to memorialize those who were lost.
Mr. Turner's bill is one approach and we will support it, but there
may be others.
It is our hope that, over time, we may all gain the wisdom and
perspective to devise a memorial, or series of memorials, that will
tell the story of these attacks, the people who were lost, their
families and our resulting efforts to end the threat of terrorism, in
such a way that future generations will never forget these events.
Better yet, if we do it right, perhaps such a memorial could, in some
small way, reduce the chance that a future generation will have to
endure such a tragedy.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas (Mr. Turner), who is the author of this legislation, who has
worked so hard; and I commend him for bringing this legislation to us
today.
Mr. TURNER. Mr. Speaker, it is indeed an occasion when we all would
join together in remembrance of those who lost their lives on September
11, as well as those who have lost their lives in other incidences to
the acts of terrorism, and I want to thank the gentleman from Utah (Mr.
Hansen) for

[[Page H6516]]

joining with me in sponsoring this bill. We have had numerous Members
who have joined together with us and who contributed to the product
that we have before us today.
I particularly want to thank the gentleman from West Virginia (Mr.
Rahall), the ranking Democrat, for his leadership. I want to thank the
subcommittee chairman, the gentleman from California (Mr. Radanovich),
and the gentlewoman from the Virgin Islands (Mrs. Christensen), the
ranking member of the subcommittee. Each of them contributed to the
product that we have before us today, along with the 121 cosponsors who
have joined with us.
I also want to acknowledge the help of some outstanding staffers, the
majority staff member Ron Howarth who has worked so hard to be sure
that this bill was in the proper form because of many complex issues
that we deal with when we establish a memorial here in Washington. I
also want to thank Trent Ashby and Amy Valentine of my staff for their
work.
We know that 2 weeks ago we observed the one-year anniversary of the
September 11 attacks on our Nation. It was on that date in 2001 that
our Nation was made acutely aware of the threats posed by those who
seek to destroy our way of life.

{time} 1645

Since then we have come together as a Nation and remembered those who
lost their lives and we have pledged jointly an unwavering resolve to
win the war on terrorism no matter what the cost and no matter how long
it takes. This legislation which was introduced by the gentleman from
Utah (Mr. Hansen) and me would authorize the establishment of a
national memorial to all the victims of terrorism in attacks against
the United States or its people including those who died on September
11.
It has been said that the war on terrorism may be known as the first
war of the 21st century. It will not be marked by any specific
geographic location because it is global. It has been and will be
fought at home and abroad. This national memorial created by this bill
will be dedicated to the memory of those victims who lose their lives
and have lost their lives at the hands of terrorists. The memorial will
reflect, in my view, the history of the struggle in which we are
engaged, and it will remind future generations of the challenges that
we faced and the challenges that we have overcome through courage and
bravery of the American people.
As the gentleman from Utah (Mr. Hansen) mentioned, this legislation
creates a 13-member advisory board appointed by the President and
includes representatives from organizations dedicated to assisting the
victims of terrorism. The advisory board is charged with the duty of
raising the funds from private sources to establish, design, construct
and maintain this memorial. In accordance with the Commemorative Works
Act, the advisory board will consult with the appropriate commissions
already provided by existing law regarding the site selection and
design of this memorial.
When the House Committee on Resources held its hearing on this bill,
we were honored, as the gentleman from Utah (Mr. Hansen) mentioned, to
hear from several outstanding Americans whose lives, like so many
Americans, were personally and forever changed on September 11. Their
testimony spoke eloquently of the significance of a national memorial
to the victims of terrorism.
Liz Howell, who is on the staff of the Committee on Resources, whose
husband, Brady, died at the Pentagon, said so eloquently ``I believe a
national monument to terrorism would become a hallowed place for the
people of this generation to remember and grieve. Perhaps even more
importantly, it will teach future generations about the heroism, the
sacrifice, and the patriotism that surrounded the deaths of people who
simply died because they were Americans.'' That quote from Liz Howell
represents, I think, so very eloquently the purposes embodied in this
legislation.
We heard from Lisa Beamer, whose husband Todd was among the heroes of
flight 93. We had Joe Finley, a New York firefighter, who testified on
behalf of this legislation, who lost many in his fire house who
sacrificed their lives at the World Trade Center. Lt. Col. Ted
Anderson, who rushed into the fiery flames of the Pentagon, saving many
of his friends and colleagues there, spoke of a need for a national
memorial. They all shared their hopes that this memorial would not only
be a tribute to those who lost their lives but a constant reminder to
the American people of the importance of courage, bravery, and
patriotism.
It is my hope that at some point in the future this memorial will
mark a time in the course of our history when freedom and respect for
the dignity of man overcame hate and evil. It will stand for the period
in our history when our country stood tall, persevered and protected
peace and civility for all mankind.
Mr. Speaker, we hope that the House will join us in unanimously
supporting this legislation to create this memorial to the victims of
terrorism.
Mr. HANSEN. Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding me this
time.
I want to offer my thanks to the gentleman from Utah (Mr. Hansen),
who is a cosponsor of this bill with the gentleman from Texas (Mr.
Turner), and of course to the gentleman from West Virginia (Mr. Rahall)
for bringing this bill forward. I think we owe special thanks to the
gentleman from Texas (Mr. Turner), whose initial idea this was. I owe
particular thanks to the gentleman.
First, let me say that this was not just a bright idea. Memorializing
the victims of the war on terrorism is the least we can do. But I very
much appreciate the spirit in which the gentleman from Texas (Mr.
Turner) has approached this bill unintentionally in the beginning
largely because most Members do not deal with the Commemorative Works
Act. This bill came forward in the way one might expect, but inherent
in it were three violations of the Commemorative Works Act and now two
of three of those violations are gone because the gentleman from Texas
(Mr. Turner) in fact has diligently consulted with the National Capital
Planning Commission, with other Members of Congress.
Initially there was a violation of the 25-year rule, had Congress
approving the location, and the legislation had a specified area. All
that may seem reasonable to Members of Congress, but Congress in its
wisdom, because it knew that bills would come forward all of the time
like this and that somebody had to referee where on the limited space
the memorial should go, gave that responsibility over to an agency that
could look at the whole mall, the National Capital Planning Commission,
the Fine Arts Commission. The reason the monumental presence is
monumental is because we do not micromanage it.
I am going to support this bill with some reservation that it
continues to violate the 25-year rule. I want to give Members some
context for that. A bill was brought forward early in this Congress to
establish a Ronald Reagan memorial on the mall. The Bush administration
did not support it because it did not want to set that precedent and it
is sufficient to say did not support violating the 25-year rule. Nobody
who remembers the tenure of Ronald Reagan both in this city and out of
the country can doubt that his legacy will withstand the 25-year rule.
The World War II memorial is going up now, more than 25 years after
World War II. No one has pressed forward an Oklahoma City memorial
though that was one of America's great tragedies of the 20th century.
The Martin Luther King memorial could not be built until 25 years after
his death.
I say all this because the House needs to understand the context and
why it is this way. We lost a number of residents in 9/11. A number of
those working in the Pentagon came right from the District of Columbia.
The most visible ones were three children and their three teachers. I
certainly want to see them memorialized on the mall. The context,
though, we have to understand is what is happening to the mall. We
literally are in danger in one generation of using up virtually all the
prime space of the mall. Yet the mall was

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meant for eternity. That is why there is a 25-year rule. We must not
get to where London is now. London is having to tear down memorials in
order to allow memorials to go up. That is not the only reason
Commemorative Works Act has a 25-year rule that says to Congress step
back, and the reason that Congress has stepped back in each and every
occasion, the pain of a memorial may be fresh, the reputation of a
personage needs time to gel. History needs to inform us and see in
context what it is we want to do.
The Chair of the National Capital Planning Commission, John Cogbill,
III, appointed by President Bush, did send to the House a letter in
which he took exception to the bill on the basis of the three
violations I have noted. I am very, very pleased that most serious of
the exceptions that the bill initially put forward have been rectified.
We know that memorials are best when there is a nationwide competition,
when people who have looked at memorials over time can look and bring
their expertise to bear, and that is going to happen here. We know that
we cannot sit here and say where a memorial should be built, that we
have got to trust those with whom we have delegated this
responsibility. That is gone.
I will submit for the Record the letter of Mr. Cogbill so that the
Record can be fully informed with respect to these three problems that
the initial bill has.
Mr. Speaker, I want to once again express my appreciation to the
gentleman from Utah (Mr. Hansen) and certainly to the gentleman from
Texas (Mr. Turner) for the great sensitivity they both have shown in
designing this bill. I support the bill with the reservations I have
noted.
The letter previously referred to is as follows:

National Capital Planning Commission

Washington, DC, March 19, 2002.
Re Terrorism Memorial
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Chairman Hansen I am writing to express the concerns
of the National Capital Planning Commission with regard to
H.R. 2982, a bill that would authorize a memorial in
Washington, D.C. to victims of terrorist attacks on the
United States.
The Commission mourns the tragic loss of life resulting
from terrorist attacks on the United States, including the
atrocities committed on September 11th, when terrorists
orchestrated the most devastating attack on American soil in
our nation's history. We share the desire to find appropriate
ways to remember and honor the victims, but we urge that,
consistent with the Commemorative Works Act (CWA), sufficient
time be allowed to pass so that these tragic events are put
in proper historical perspective before commencing the
process of locating and designing such an important national
memorial.
As you are aware, the process for establishing memorials in
the Nation's Capital is governed by the CWA. By setting forth
criteria for the subject matter, location, and design of
memorials, the CWA is intended to preserve the integrity of
the L'Enfant and McMillan Plans for the Nation's Capital,
while protecting and maintaining the limited amount of open
space available on and around the Mall.
The Commission is concerned that H.R. 2982 circumvents one
of the key provisions of the CWA the 25-year waiting period
for the authorization of new memorials in the Nation's
Capital. The purpose of this provision, which states that a
memorial ``shall not be authorized'' by Congress until at
least 25 years after the death of the individual or event, is
to ensure that enough time passes following an event for
policymakers and historians to gain an appropriate historical
perspective before establishing a permanent memorial in the
Nation's Capital.
Just as with other tragedies in American history--from
Gettysburg to Pearl Harbor to Oklahoma City--a more
meaningful and appropriate place to honor victims at this
time might be at the sites of the tragedies themselves.
Congress has already authorized legislation for a memorial at
the Pentagon, and permanent memorials at the World Trade
Center and at the Pennsylvania crash site are currently being
considered.
Other provisions of H.R. 2982 are also inconsistent with
the CWA. In order to help preserve the limited number of
sites available in area I (sites on or near the Mall), the
CWA requires passage of a separate act of Congress, following
a recommendation by the National Capital Memorial Commission,
before locating a memorial in this prominent area. Yet this
bill directly authorizes the memorial to locate in area I,
overriding the requirement for a second round of
consideration by Congress. In addition, the bill suggests
that any specific location for the memorial be ``approved by
the Congress,'' again contrary to the CWA, which delegates to
the federal land-holding and review agencies decisions as to
the specific location and design of new memorials.
The Monumental Core of our Nation's Capital has evolved
over the centuries into a powerful expression of our nation's
values, achievements, losses, and challenges. By respecting
the process established by the CWA, we can ensure that the
victims of terrorist acts against our country are properly
memorialized and, at the same time, the historical integrity
of our grand Monumental Core is preserved.
Sincerely,
John V. Cogbill, III,
Chairman.

Mr. GILMAN. Mr. Speaker, I rise in strong support of H.R. 2982, the
Victims of Terrorist Attacks Memorial Act which will establish a
memorial in Washington, DC to honor those Americans whose lives were
tragically taken as a result of terrorism.
At the Murrah Building in Oklahoma, the World Trade Center, the
Pentagon, and in the fields of Pennsylvania, our Nation has witnessed
the best and the worst of humanity. These despicable and cowardly
terrorist acts were valiantly countered with the incredible heroism and
courage of not only our firefighters, law enforcement officers, and
emergency personnel but also our fellow citizens.
Accordingly, it is incumbent upon our Nation to honor those departed
heroes. Establishing a memorial in honor of those deserving men and
women will be a fitting tribute to their memory and their contribution
to our Nation's freedom. Moreover, it will act as a permanent reminder
to our Nation and the world that our Nation is engaged in an ongoing
battle in the name of those who were taken from us to rid the world of
these most heinous of crimes. Accordingly, I urge my colleagues to
support this important measure.
Mr. ISRAEL. Mr. Speaker, I rise today in strong support of H.R. 2982.
This legislation will authorize a memorial in Washington, D.C., to
commemorate American victims of terrorist attacks. The desire to
memorialize the victims of the September 11th terrorist attacks was the
driving force behind this bill, and as an original cosponsor, I applaud
my colleagues bringing this bill to the floor today.
I have met with families in my district who lost loved ones in the
attack on the World Trade Center and the Pentagon, and I have tried to
help them with legislation that will ease their financial burden. I am
hopeful that this bill will help them in a different way. I want them
to know that the American people support them, and this memorial will
show them that their husbands, wives, sons, daughters, brothers and
sisters will never be forgotten.
This memorial, however, is not only for the victims of terrorist
attacks and their families. It is a memorial for every person in our
nation. It will give the people of the United States a site to pay
their respects to the victims. It will serve as an area for mourning.
It will also be a place to remember. I am hopeful that the memorial
will also be a space were people can see the American spirit, which
cannot be defeated, to take comfort in America's resolve and the
inevitable triumph of freedom.
The September 11, 2001 attacks changed every American life. It was
the saddest and most enraging day in many of our lives. It is
appropriate that we build this memorial to commemorate not the attacks,
not response, not the war, but the victims of the attacks.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bass). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the bill, H.R. 2982, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. TURNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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