[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[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

[[Page H6517]]

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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