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                                                                                        Updated May 8, 2023

Authorizing New Additions to Memorials in the District of

Columbia: Issues for Consideration


In recent Congresses, measures have been introduced to add
new elements to existing memorials in the District of
Columbia. Adding new elements to completed
commemorative works requires an act of Congress under
the Commemorative Works Act (CWA;  40 USC §§8901-
8909).


  It is our duty as Members of Congress to ensure
  these fallen soldiers are not forgotten by passing the
  FIRST Act and allowing the inclusion of the names of
  these 660 fallen soldiers who paid the ultimate
  sacrifice.

  Rep. Roger Marshall, Congressional Record, November
  20, 201 9, p. H9085


As proposals to add elements to existing memorials are
introduced, 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.

Adding New Elements to Existing
M  emorials
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 eight
additional elements at existing commemorative works sites.
These are


  a statue at the Franklin Delano Roosevelt Memorial
   (P.L. 105-29) depicting President Roosevelt in a
   wheelchair;

  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);

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

  a wall of remembrance at the Korean War Memorial
   (P.L. 114-230);

  new commemorative elements at the Second Infantry
   Division Memorial (P.L. 115-141); and

  new commemorative elements at the First Infantry
   Division Memorial (P.L. 116-283).

Reserve Area of the National Mall
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.

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