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1 [1] (September 21, 2020)

handle is hein.crs/govdbvd0001 and id is 1 raw text is: Updated September 21,2020 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 commenrative works requires an act of Congress under the Commemorative Works Act (CWA; 40 USC § § 8901- 8909). For example, in the 116' Congress (2019-2020), H.R. 1088 would authorize the modificationof the First Division Monumentto addelements to honorFirst Infantry Division members who died during OperationDesert Storm, Operation IraqiFreedom, Operation New Dawn, and Operation Enduring Freedom On November 20,2019, H.R. 1088 passed the House, and it has been referred to the Senate Committee on Energy and Natural Resources. 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, 2019, p. H9085 As proposals to addelements toexisting memorials are introduced, Congress might consider several subjects regarding proposals to change or make an addition to an existing memorial. These include adding anewelement to an existing memorial; placing anew element within the Reserve area of the National Mall; and determining criteria for the inclusion of individual names. In 1986, the CWA was enacted to provide standards for the consideration and placement of memorials in areas administered bythe NationalPark Service (NPS) and the General Services Administration (GSA) in the District of Columbia. The CWA provides thatno commemorative work may be establishedin the District of Columbia unless specifically authorized byCongress. 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 workshallbe 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 sixnew elements at existing commemorative works sites. These are * a plaque at the VietnamVeterans Memorial (P.L. 106- 214) to veterans who died as aresult 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 Dreanf' speech; * a plaque at the World WarilMemorialto honor Senator Robert J. Dole's leadership in making the Memoriala 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); and * new commemorative elements to honor Second Infantry Division members who have beenkilled in action (P.L. 115-141, Division G, § 121(a)(1)) at the Second Division Memorialin President's Park. Pursuant to the CWA, to preservethe integrity ofthe Mall ... the siting ofnew commemorative works is prohibited in the Reserve (40U.S.C. § 8908(c)). The Reserve is thegreat cross-axis of the Mall, which generally extends fromthe United States Capitol to the Lincoln Memorial and fromthe 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. A A '2 xa S 1,k y\

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