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
interfere with, or encroach on, an existing commemorative
been introduced to add new elements to existing memorials
work.”
in the District of Columbia. For example, several bills have
been considered that would add a “wall of remembrance,”
Even though the CWA established a general prohibition
which would include the names of soldiers killed during the
against adding new elements to existing memorials, in
Korean War, to the Korean War Veterans Memorial on the
subsequent legislation Congress has authorized four new
National Mall (H.R. 1475, S. 1982, and House amendments
elements at existing commemorative works sites. These are
to S. 2012, the North American Energy Security and
Infrastructure Act of 2016). Additionally, H.R. 5684 would
 a plaque at the Vietnam Veterans Memorial (P.L. 106-
add three benches to the Second Division Memorial on the
214) to veterans who died as a result of service during
Ellipse in front of the White House to honor Second
the Vietnam War;
Infantry Division soldiers killed in the Cold War in Korea,
the War in Iraq, and the War in Afghanistan.
 a plaque at the Lincoln Memorial (P.L. 106-365)
commemorating Reverend Dr. Martin Luther King Jr.'s
H.R. 1475 has passed the House of Representatives; it has
“I Have a Dream” speech;
also been reported by the Senate Energy and Natural
Resources Committee, with an amendment to specify the
 a plaque at the World War II Memorial to honor Senator
application of the Commemorative Works Act (CWA; 40
Robert J. Dole’s leadership “in making the Memorial a
U.S.C. §§8901-8910) to the potential memorial wall. The
reality on the National Mall...” (P.L. 111-88); and
Senate Energy and Natural Resources Committee,
Subcommittee on National Parks held a hearing on S. 1982,
 a plaque at the World War II Memorial (P.L. 113-123)
and the House amended S. 2012, the North American
with the text of President Franklin D. Roosevelt's D-Day
Energy Security and Infrastructure Act of 2016, to include
prayer.
the language from H.R. 1475.
Reserve Area of the National Mall
H.R. 5684 was introduced on July 8, 2016, and was referred
Pursuant to the CWA, “to preserve the integrity of the Mall
to the House Committee on Natural Resources. No further
... the siting of new commemorative works is prohibited” in
action has been taken.
the Reserve (40 U.S.C. §8908(c)). The Reserve is “the great
cross-axis of the Mall, which generally extends from the
Congress might consider several subjects regarding
United States Capitol to the Lincoln Memorial and from the
proposals to change or make an addition to an existing
White House to the Jefferson Memorial” (40 U.S.C.
memorial. These include adding a new element to an
§8902(a)(3)). Figure 1 shows the reserve area of the
existing memorial; placing a new element within the
National Mall.
“Reserve” area of the National Mall; and determining
criteria for the inclusion of individual names.
Figure 1. Reserve Area of the National Mall
Adding New Elements to Existing
Memorials
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
Source: National Park Service
existing, completed memorial. Pursuant to the CWA, a new

commemorative work “shall be located so that ... it does not
Proposals to add a memorial wall to the Korean War
Veterans memorial, for example, would allow a new
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Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration
element to be built in the Reserve. Figure 2 shows an aerial
Adding Additional Names
view of the Korean War Veterans Memorial.
In addition to determining whether a memorial should
include individual names, a memorial might allow
Figure 2. Korean War Veterans Memorial
additional names to be added. Once a memorial contains
individual names, adding additional names might not be
considered adding a new element to an existing
commemorative work. Instead, processes could be
established to determine the eligibility of additional
individuals to the memorial wall. For example, the Vietnam
Veterans Memorial verifies names with the DOD to
determine eligibility. Since the Vietnam Memorial's
dedication in 1982, 328 names have been added after DOD
approval. Similarly, the National Law Enforcement Officers
Memorial, which honors “law enforcement officers who die
in the line of duty,” adds names of fallen officers, “plus
Source: U.S. Department of the Interior, National Park Service,
recently discovered officers who died years ago,” each May
“Freedom is Not Free,” Korean War Veterans Memorial, at
during National Police Week. Figure 3 shows names being
https://www.nps.gov/kowa/index.htm.
added to the National Law Enforcement Officers Memorial.

Figure 3. Adding Names to the National Law
Authorizing a new element to an existing memorial within
Enforcement Officers Memorial
the Reserve could be seen by some as contrary to the spirit
of the CWA. Others, however, have seen merit in adding
new elements to existing works to honor individuals or
events not initially commemorated.
Memorials with Individual Names

Some memorials choose to honor individuals by placing
Source: National Law Enforcement Officers Memorial, “How Names
names on the memorial. Should a memorial include
Are Added” at http://www.nleomf.org/memorial/names.
individual names, a process might be established to

determine the initial list of names to be included and
Concluding Observations
whether additional names might be added in the future.
Congress faces a number of choices on how to
commemorate individuals, events, and groups. One choice
Determining Initial Names
involves determining whether a new memorial or an
Should the Korean War Veterans Memorial wall of
addition to an existing memorial is most appropriate. The
remembrance be authorized, the first step in placing
CWA imposes restrictions on adding new elements to
individual names on the wall would likely be determining
existing memorials and on the location of new memorials.
which names to initially include. For example, the Vietnam
Congress could choose to amend the CWA to address these
Veterans Memorial was dedicated with 57,939 names
restrictions, or it could follow recent practice, evaluating
inscribed on its wall. These names were obtained from the
each proposal on a case-by-case basis. Additionally, should
Department of Defense (DOD), which determined
a memorial include individual names, a process likely
eligibility pursuant to Executive Order 11216, issued by
would be established to determine which names to include
President Lyndon Johnson on April 24, 1965. This
at the memorial and whether additional names might be
executive order defined the combat zone for the Vietnam
added in the future.
War.
For more detailed analysis, see CRS Report R43241,
Since the Korean War Veterans Memorial is a war
Monuments and Memorials in the District of Columbia:
memorial, a list of members of the Armed Forces who died
Analysis and Options for Proposed Exemptions to the
“in theatre in the Korean War” would likely be supplied by
Commemorative Works Act, by Jacob R. Straus; CRS
DOD. According to the American Battle Monuments
Report R41658, Commemorative Works in the District of
Commission (ABMC), an honor roll currently exists at the
Columbia: Background and Practice, by Jacob R. Straus;
Korean War Veterans Memorial. The honor roll is a
CRS Report R43743, Monuments and Memorials
computer kiosk, attended by a National Park Service
Authorized and Completed Under the Commemorative
Ranger, that includes the “names of all military personnel
Works Act in the District of Columbia, by Jacob R. Straus;
who lost their lives during the Korean War, including the
and CRS Report R43744, Monuments and Memorials
individual’s name, service rank, service number, date of
Authorized Under the Commemorative Works Act in the
birth, hometown or country of entry into the service, cause
District of Columbia: Current Development of In-Progress
of death, date of death; and, if the information is furnished
and Lapsed Works, by Jacob R. Straus.
to ABMC, the serviceman’s unit, awards, circumstances
surrounding the death or missing in action, and
photograph.” Whether names included in the honor roll
Jacob R. Straus, Analyst on the Congress
would be the same as those on the proposed memorial wall
IF10448
is unknown.
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Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration


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https://crsreports.congress.gov | IF10448 · VERSION 2 · NEW

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