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1 1 (August 9, 2016)

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                                                                                               August 9, 2016

Authorizing New Additions to Memorials in the District of

Columbia: Issues for Consideration


In the 114th Congress (2015-2016), several measures have
been introduced to add new elements to existing memorials
in the District of Columbia. For example, several bills have
been considered that would add a wall of remembrance,
which would include the names of soldiers killed during the
Korean War, to the Korean War Veterans Memorial on the
National Mall (H.R. 1475, S. 1982, and House amendments
to S. 2012, the North American Energy Security and
Infrastructure Act of 2016). Additionally, H.R. 5684 would
add three benches to the Second Division Memorial on the
Ellipse in front of the White House to honor Second
Infantry Division soldiers killed in the Cold War in Korea,
the War in Iraq, and the War in Afghanistan.

H.R. 1475 has passed the House of Representatives; it has
also been reported by the Senate Energy and Natural
Resources Committee, with an amendment to specify the
application of the Commemorative Works Act (CWA; 40
U.S.C. §§8901-8910) to the potential memorial wall. The
Senate Energy and Natural Resources Committee,
Subcommittee on National Parks held a hearing on S. 1982,
and the House amended S. 2012, the North American
Energy Security and Infrastructure Act of 2016, to include
the language from H.R. 1475.

H.R. 5684 was introduced on July 8, 2016, and was referred
to the House Committee on Natural Resources. No further
action has been taken.

Congress might consider several subjects regarding
proposals to change or make an addition to an existing
memorial. These include adding a new element to an
existing memorial; placing a new element within the
Reserve area of the National Mall; and determining
criteria for the inclusion of individual names.


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In 1986, the CWA was enacted to provide standards for the
consideration and placement of memorials in areas
administered by the National Park Service (NPS) and the
General Services Administration (GSA) in the District of
Columbia. The CWA provides that no commemorative
work may be established in the District of Columbia unless
specifically authorized by Congress. Further, once
dedicated, a memorial is considered a completed work of
civic art, and additions are generally prohibited.

Generally, encroachment on an existing memorial occurs
when a new memorial or new element is added to an
existing, completed memorial. Pursuant to the CWA, a new
commemorative work shall be located so that ... it does not


interfere with, or encroach on, an existing commemorative
work.

Even though the CWA established a general prohibition
against adding new elements to existing memorials, in
subsequent legislation Congress has authorized four new
elements at existing commemorative works sites. These are

* a plaque at the Vietnam Veterans Memorial (P.L. 106-
   214) to veterans who died as a result of service during
   the Vietnam War;

* a plaque at the Lincoln Memorial (P.L. 106-365)
   commemorating Reverend Dr. Martin Luther King Jr.'s
   I Have a Dream speech;

* a plaque at the World War II Memorial to honor Senator
   Robert J. Dole's leadership in making the Memorial a
   reality on the National Mall... (P.L. 111-88); and

* a plaque at the World War II Memorial (P.L. 113-123)
   with the text of President Franklin D. Roosevelt's D-Day
   prayer.

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Pursuant to the CWA, to preserve the integrity of the Mall
... the siting of new commemorative works is prohibited in
the Reserve (40 U.S.C. §8908(c)). The Reserve is the great
cross-axis of the Mall, which generally extends from the
United States Capitol to the Lincoln Memorial and from the
White House to the Jefferson Memorial (40 U.S.C.
§8902(a)(3)). Figure 1 shows the reserve area of the
National Mall.

Figure I. Reserve Area of the National Mall
                   = =


Source: National Park Service


Proposals to add a memorial wall to the Korean War
Veterans memorial, for example, would allow a new


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