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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
subsequent legislation Congress has authorized six new
new elements to existing memorials in the District of
elements at existing commemorative works sites. These are
Columbia. Adding new elements to completed
commemorative works requires an act of Congress under
a plaque at the Vietnam Veterans Memorial (P.L. 106-
the Commemorative Works Act (CWA; 40 USC §§8901-
214) to veterans who died as a result of service during
8909). For example, in the 116th Congress (2019-2020),
the Vietnam War;
H.R. 1088 would authorize the modification of the First
Division Monument to add elements to honor First Infantry
a plaque at the Lincoln Memorial (P.L. 106-365)
Division members who died during Operation Desert
commemorating Reverend Dr. Martin Luther King Jr.’s
Storm, Operation Iraqi Freedom, Operation New Dawn, and
“I Have a Dream” speech;
Operation Enduring Freedom. On November 20, 2019, H.R.
1088 passed the House, and it has been referred to the
a plaque at the World War II Memorial to honor Senator
Senate Committee on Energy and Natural Resources.
Robert J. Dole’s leadership “in making the Memorial a
reality on the National Mall ... ” (P.L. 111-88);
“It is our duty as Members of Congress to ensure
a plaque at the World War II Memorial (P.L. 113-123)
these fal en soldiers are not forgotten by passing the
with the text of President Franklin D. Roosevelt’s D-
FIRST Act and al owing the inclusion of the names of
Day prayer;
these 660 fal en soldiers who paid the ultimate
sacrifice.”
a wall of remembrance at the Korean War Memorial
(P.L. 114-230); and
Rep. Roger Marshal , Congressional Record, November
20, 2019, p. H9085
new commemorative elements to honor Second Infantry
Division members who have been killed in action (P.L.
As proposals to add elements to existing memorials are
115-141, Division G, §121(a)(1)) at the Second Division
introduced, Congress might consider several subjects
Memorial in President’s Park.
regarding proposals to change or make an addition to an
existing memorial. These include adding a new element to
Reserve Area of the National Mall
an existing memorial; placing a new element within the
Pursuant to the CWA, “to preserve the integrity of the Mall
“Reserve” area of the National Mall; and determining
... the siting of new commemorative works is prohibited” in
criteria for the inclusion of individual names.
the Reserve (40 U.S.C. §8908(c)). The Reserve is “the great
cross-axis of the Mall, which generally extends from the
Adding New Elements to Existing
United States Capitol to the Lincoln Memorial and from the
Memorials
White House to the Jefferson Memorial” (40 U.S.C.
In 1986, the CWA was enacted to provide standards for the
§8902(a)(3)). Figure 1 shows the reserve area of the
consideration and placement of memorials in areas
National Mall.
administered by the National Park Service (NPS) and the
General Services Administration (GSA) in the District of
Figure 1. Reserve Area of the National Mall
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 commemorativ e
work.”
Even though the CWA established a general prohibition
against adding new elements to existing memorials, in
Source: National Park Service.
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Authorizing New Additions to Memorials in the District of Columbia: Issues for Cons ideration
Proposals to allow for the construction of a new memorial
surrounding the death or missing in action, and
as an addition to a completed memorial in the reserve
photograph.” Whether names included in the honor roll
would allow a new element to be built in a location that is
would be the same as those on the proposed memorial wall
otherwise prohibited. Figure 2 shows an aerial view of the
is unknown.
Korean War Veterans Memorial, where a new wall of
remembrance has been authorized to be built.
Adding Additional Names
In addition to determining whether a memorial should
Figure 2. Korean War Veterans Memorial
include individual names, a memorial might allow
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
Source: U.S. Department of the Interior, National Park Service,
in the line of duty,” adds names of fallen officers, “plus
“Freedom is Not Free,” Korean War Veterans Memorial, at
recently discovered officers who died years ago,” each May
https://www.nps.gov/kowa/index.htm.
during National Police Week. Figure 3 shows names being
added to the National Law Enforcement Officers Memorial.
Authorizing a new element to an existing memorial within
the Reserve could be seen by some as contrary to the spirit
Figure 3. Adding Names to the National Law
of the CWA. Others, however, have seen merit in adding
Enforcement Officers Memorial
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
names on the memorial. Should a memorial include
individual names, a process might be established to
Source: National Law Enforcement Officers Memorial, “How Names
determine the initial list of names to be included and
Are Added.” For more information, see https://nleomf.org/memorial/
whether additional names might be added in the future.
how-names-are-added.
Concluding Observations
Determining Initial Names
Congress faces a number of choices on how to
With the authorization of a wall of remembrance at the
commemorate individuals, events, and groups. One choice
Korean War Veterans Memorial, once the wall’s design has
involves determining whether a new memorial or an
been decided, which names are to be included on the wall
addition to an existing memorial is most appropriate. The
must be determined. For example, the Vietnam Veterans
CWA imposes restrictions on adding new elements to
Memorial was dedicated with 57,939 names inscribed on its
existing memorials and on the location of new memorials.
wall. These names were obtained from the Department of
Congress could choose to amend the CWA to address these
Defense (DOD), which determined eligibility pursuant to
restrictions, or it could follow recent practice, evaluating
Executive Order 11216, issued by President Lyndon
each proposal on a case-by-case basis. Additionally, should
Johnson on April 24, 1965. This executive order defined the
a memorial include individual names, a process likely
combat zone for the Vietnam War.
would be established to determine which names to include
at the memorial and whether additional names might be
Since the Korean War Veterans Memorial is a war
added in the future.
memorial, a list of members of the Armed Forces who died
“in theatre in the Korean War” would likely be supplied by
For more detailed analysis, see CRS Report R43241,
DOD. According to the American Battle Monuments
Monuments and Memorials in the District of Columbia:
Commission (ABMC), an honor roll currently exists at the
Analysis and Options for Proposed Exemptions to the
Korean War Veterans Memorial. The honor roll is a
Commemorative Works Act; and CRS Report R41658,
computer kiosk, attended by a National Park Service
Commemorative Works in the District of Columbia:
Ranger, that includes the “names of all military personnel
Back ground and Practice.
who lost their lives during the Korean War, including the
individual’s name, service rank, service number, date of
Jacob R. Straus, Specialist on the Congress
birth, hometown or country of entry into the service, cause
of death, date of death; and, if the information is furnished
IF10448
to ABMC, the serviceman’s unit, awards, circumstances
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Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration
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