Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration

Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration

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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
• a statue at the Franklin Delano Roosevelt Memorial
new elements to existing memorials in the District of
(P.L. 105-29) depicting President Roosevelt in a
Columbia. Adding new elements to completed
wheelchair;
commemorative works requires an act of Congress under
the Commemorative Works Act (CWA; 40 USC §§8901-
• a plaque at the Vietnam Veterans Memorial (P.L. 106-
8909).
214) to veterans who died as a result of service during
the Vietnam War;
“It is our duty as Members of Congress to ensure
• a plaque at the Lincoln Memorial (P.L. 106-365)
commemorating Reverend Dr. Martin Luther King Jr.’s
these fallen soldiers are not forgotten by passing the
“I Have a Dream” speech;
FIRST Act and allowing the inclusion of the names of
these 660 fallen soldiers who paid the ultimate
sacrifice.”
• a plaque at the World War II Memorial to honor Senator
Robert J. Dole’s leadership “in making the Memorial a
Rep. Roger Marshall, Congressional Record, November
reality on the National Mall ... ” (P.L. 111-88);
20, 2019, p. H9085
• a plaque at the World War II Memorial (P.L. 113-123)

with the text of President Franklin D. Roosevelt’s D-
As proposals to add elements to existing memorials are
Day prayer;
introduced, Congress might consider several subjects
•
regarding proposals to change or make an addition to an
a wall of remembrance at the Korean War Memorial
existing memorial. These include adding a new element to
(P.L. 114-230);
an existing memorial; placing a new element within the
“
•
Reserve” area of the National Mall; and determining
new commemorative elements at the Second Infantry
criteria for the inclusion of individual names.
Division Memorial (P.L. 115-141); and
Adding New Elements to Existing
• new commemorative elements at the First Infantry
Memorials
Division Memorial (P.L. 116-283).
In 1986, the CWA was enacted to provide standards for the
Reserve Area of the National Mall
consideration and placement of memorials in areas
administered by the National Park Service (NPS) and the
Pursuant to the CWA, “to preserve the integrity of the Mall
General Services Administration (GSA) in the District of
... the siting of new commemorative works is prohibited” in
Columbia. The CWA provides that no “commemorative
the Reserve (40 U.S.C. §8908(c)). The Reserve is “the great
work may be established in the District of Columbia unless
cross-axis of the Mall, which generally extends from the
specifically authorized by Congress.” Further, once
United States Capitol to the Lincoln Memorial and from the
dedicated, a memorial is considered a completed work of
White House to the Jefferson Memorial” (40 U.S.C.
civic art, and additions are generally prohibited.
§8902(a)(3)). Figure 1 shows the reserve area of the
National Mall.
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
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Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration
Figure 1. Reserve Area of the National Mall
names were obtained from the Department of Defense
(DOD), which determined eligibility pursuant to Executive
Order 11216, issued by President Lyndon Johnson on April
24, 1965. This executive order defined the combat zone for
the Vietnam War.
Adding Additional Names
In addition to determining whether a memorial should
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
Source: National Park Service.
Veterans Memorial verifies names with the DOD to

determine eligibility. Since the Vietnam Memorial’s
In at least one case, a new commemorative work or
dedication in 1982, 328 names have been added after DOD
memorial has been authorized in the Reserve. In 2022, the
approval. Similarly, the National Law Enforcement Officers
Korean War Veterans Memorial Wall of Remembrance was
Memorial, which honors “law enforcement officers who die
dedicated at the Korean War Veterans Memorial. The Wall
in the line of duty,” adds names of fallen officers, “plus
of Remembrance (P.L. 114-230) was authorized as a new
recently discovered officers who died years ago,” each May
commemorative work that added an element to an existing
during National Police Week. Figure 3 shows names being
commemorative work located within the Reserve. Figure 2
added to the National Law Enforcement Officers Memorial.
shows a view of the Korean War Veterans Memorial, where
a new wall of remembrance was dedicated in 2022.
Figure 3. Adding Names to the National Law
Enforcement Officers Memorial
Figure 2. Korean War Veterans Memorial

Source: National Law Enforcement Officers Memorial, “How Names
Are Added.” For more information, see https://nleomf.org/memorial/
how-names-are-added.

Concluding Observations
Congress faces a number of choices on how to
commemorate individuals, events, and groups. One choice
involves determining whether a new memorial or an
Source: National Park Service, “Freedom is Not Free,”
addition to an existing memorial is most appropriate. The
https://www.nps.gov/kowa/index.htm.
CWA imposes restrictions on adding new elements to
Authorizing a new element to an existing memorial within
existing memorials and on the location of new memorials.
the Reserve could be seen by some as contrary to the spirit
Congress could choose to amend the CWA to address these
of the CWA. Others, however, have seen merit in adding
restrictions, or it could follow recent practice, evaluating
new elements to existing works to honor individuals or
each proposal on a case-by-case basis. Additionally, should
events not initially commemorated.
a memorial include individual names, a process likely
would be established to determine which names to include
Memorials with Individual Names
at the memorial and whether additional names might be
Some memorials choose to honor individuals by including
added in the future.
names on the memorial. Should a memorial include
individual names, a process might be established to
For more detailed analysis, see CRS Report R43241,
determine the initial list of names to be included and
Monuments and Memorials in the District of Columbia:
whether additional names might be added in the future.
Analysis and Options for Proposed Exemptions to the
Commemorative Works Act; and CRS Report R41658,
Determining Initial Names
Commemorative Works in the District of Columbia:
Following the authorization of a commemorative work that
Background and Practice.
will include names, a government agency is generally
required to determine which names will be included. For
Jacob R. Straus, Specialist on the Congress
example, in 1982, the Vietnam Veterans Memorial was
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dedicated with 57,939 names inscribed on its wall. These
https://crsreports.congress.gov

Authorizing New Additions to Memorials in the District of Columbia: Issues for Consideration

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