SJR29 now law for "FDR in a wheelchair"
Posted by: Jamal Mazrui
Date Mailed: Sunday, August 3rd 1997 01:12 PM
Date Mailed: Sunday, August 3rd 1997 01:12 PM
On July 24, President Clinton signed Senate Joint Resolution 29 into law, requiring that a monument be added to the FDR memorial which depicts him as a person with a disability using a wheelchair. The bill passed the Senate on May 1 and the House on July 8. Below is the House committee report, followed by the recorded vote in the House, then a statement in the Congressional Record urging that the improper braille also be corrected, and finally the text of the new law. Jamal Mazrui National Council on Disability Email: email@example.com ---------- 105th Congress Report HOUSE OF REPRESENTATIVES 1st Session 105-167 ============================================================================= ADDITION TO FRANKLIN DELANO ROOSEVELT MEMORIAL ---------- July 8, 1997.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed ---------- Mr. Young of Alaska, from the Committee on Resources, submitted the following R E P O R T together with ADDITIONAL VIEWS [To accompany S.J. Res. 29] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the joint resolution (S.J. Res. 29) to direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, D.C., and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the joint resolution do pass. PURPOSE OF THE BILL The purpose of S.J. Res. 29 is to direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, D.C. BACKGROUND AND NEED FOR LEGISLATION The Franklin Delano Roosevelt Memorial (FDR Memorial) was planned, designed, located, and constructed by the FDR Memorial Commission which was established by law in 1955. The FDR Memorial underwent extensive study and review by the Commission of Fine Arts, the National Park Service, the Department of the Interior, and the Congress. The final design for the FDR Memorial was approved in 1978 following three national design competitions. Construction of the FDR Memorial commenced in 1995 and was dedicated on May 2, 1997. Beginning in 1995, representatives of the disabled community raised legitimate concerns that President Roosevelt be portrayed in a wheelchair to truly reflect that a disability in no way diminishes the ability of an individual to fully participate in all aspects of life. The FDR Commission attempted to address these concerns by displaying a replica of the wheelchair used by President Roosevelt and a rare photograph of the him in a wheelchair in the FDR Memorial Information Center. Furthermore, the FDR Memorial recognizes the President's disability in a time line of landmark events of the President's life. Carved in granite in a staircase is the inscription, "1921, stricken with poliomyelitis--he never again walked unaided." On April 23, 1997, prior to formally dedicating the FDR Memorial, President Clinton announced his intention of sending legislation to Congress to modify the memorial. S.J. Res. 29 will complete the FDR Memorial. As President Clinton stated, "* * * generations of Americans will know that this great President was great with his disability." S.J. Res. 29 requires that the Secretary of the Interior, as soon as practicable, report to Congress and the President his findings and recommendations for this addition to the FDR Memorial. The Secretary may seek the assistance and advice of the disabled community, the Commission of Fine Arts, and the National Capital Planning Commission in creating a final design for this addition to the FDR Memorial. The Commission of Fine Arts must approve the Secretary's final design. Furthermore, S.J. Res. 29 requires that construction of the addition to the FDR Memorial begin 120 days after submission of the report to Congress using only private donations. The entire process for completing this addition to the FDR Memorial must comply with the requirements of the Commemorative Works Act of 1986. COMMITTEE ACTION S.J. Res. 29 was introduced on May 1, 1997, by Senator Daniel K. Inouye (D- HI) and passed by unanimous consent in the U.S. Senate on the same day. In the House of Representatives, the bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On June 25, 1997, the Subcommittee was discharged from further consideration of the bill for direct consideration by the Full Resources Committee. No amendments were offered, and the resolution was ordered favorably reported to the House of Representatives by voice vote. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS With respect to the requirements of clause 2(l)(3) of rule XI of the Rules of the House of Representatives, and clause 2(b)(1) of rule X of the Rules of the House of Representatives, the Committee on Resources' oversight findings and recommendations are reflected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8 and Article IV, section 3 of the Constitution of the United States grant Congress the authority to enact S.J. Res. 29. COST OF THE LEGISLATION Clause 7(a) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out S.J. Res. 29. However, clause 7(d) of that Rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 403 of the Congressional Budget Act of 1974. COMPLIANCE WITH HOUSE RULE XI 1. With respect to the requirement of clause 2(l)(3)(B) of rule XI of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, S.J. Res. 29 does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. According to the Congressional Budget Office, if enacted, the bill could increase mandatory spending by less than $1 million if the National Park Service receives the necessary contributions to begin construction, but that this spending would be offset by donations. In addition, before construction could begin, the National Park Service would require contributors to deposit ten percent of the construction cost in the U.S. Treasury to offset future maintenance costs. Portions of the deposit (which would total $50,000 to $100,000) would then be spent without further appropriation annually over the life of the addition. 2. With respect to the requirement of clause 2(l)(3)(D) of rule XI of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform and Oversight on the subject of S.J. Res. 29. 3. With respect to the requirement of clause 2(l)(3)(C) of rule XI of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for S.J. Res. 29 from the Director of the Congressional Budget Office. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE U.S. Congress, Congressional Budget Office, Washington, DC, July 8, 1997. Hon. Don Young, Chairman, Committee on Resources, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for S.J. Res. 29, a joint resolution to direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, D.C., and for other purposes. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Deborah Reis. Sincerely, June E. O'Neill, Director. Enclosure. S.J. Res. 29--A joint resolution to direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, DC, and for other purposes S.J. Res. 29 would direct the Secretary of the Interior to plan, design, and construct an addition to the Franklin Delano Roosevelt Memorial recognizing the late president's accomplishments while he was disabled. The resolution would further direct the Secretary to report to the Congress and the President on recommendations for the addition. Beginning 120 days after submission of the report, the Secretary would begin construction of the addition using only private contributions. Finally, S.J. Res. 2 Assuming appropriation of the necessary amounts for planning and design, CBO estimates that implementing S.J. Res. 29 would cost the federal government less than $200,000 over the next two fiscal years. Assuming that the National Park Service (NPS) receives the necessary contributions to begin construction, we estimate that mandatory spending would increase by between $500,000 and $1 million over the following year or two, but such spending would be offset by the donations. In addition, before construction would begin, the NPS probably would require the contributors to deposit 10 percent of the construction cost in the federal Treasury to offset future maintenance costs. Portions of the deposit, which would total $50,000 to $100,000, would then be spent without further appropriation annually over the life of the addition. Because the resolution would have no effect on direct spending or receipts until after 1999, pay-as-you-go procedures would not apply. S.J. Res. 29 contains no intergovernmental or private-sector mandates and would impose no costs on state, local, or tribal governments. The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Robert A. Sunshine, Deputy Assistant Director for Budget Analysis. COMPLIANCE WITH PUBLIC LAW 104-4 S.J. Res. 29 contains no unfunded mandates. CHANGES IN EXISTING LAW If enacted, S.J. Res. 29 would make no changes in existing law. ADDITIONAL VIEWS I would like to take this opportunity to comment on the importance of S.J. Res 29, a bill that fully honors the memory of one of our nation's finest Presidents, Franklin Delano Roosevelt. Foremost, I want to thank Senator Inouye of Hawaii for introducing this legislation. Senator Inouye's leadership and dedication to a proper memorial has been second to none. Senator Inouye has correctly stated that, "disability is a natural part of the human experience and in no way diminishes the right to individuals to participate in all aspects of American life * * * the depiction of President Roosevelt in a wheelchair will inspire the tragically afflicted. It may very well be a more honest way to depict President Roosevelt." Such a strong commitment on the part of Senator Inouye has allowed us all to pay full tribute to the life of Franklin Delano Roosevelt. I also want to thank Representative Don Young of Alaska, Chairman of the House Resources Committee, and Representative George Miller of California for bringing this legislation to the House side in a bipartisan manner. Modifying the Franklin Delano Roosevelt Memorial by adding a permanent statue which depicts him as a citizen with a handicap is essential if we are to fully understand the life and times of FDR. The need to erect a permanent addition to the FDR Memorial is twofold. First, it is imperative to publicly acknowledge the great accomplishments of our 32nd President. And second, a permanent statue sends a message to our citizens that handicaps do not limit a person's opportunity for achievement. FDR's accomplishments as President speak volumes of the fact that people living with handicaps can accomplish their goals. Throughout his tenure as president, FDR remained firmly committed to the development of all Americans, those with disabilities and those without. In his Second Inaugural Address, FDR spoke of the "road of enduring progress" on which he claimed that "mental and moral horizons had been extended." For FDR this goal was especially important to those living with handicaps. Ultimately, FDR sought the advancement of this cause through the establishment of a foundation at Warm Springs, Georgia to help other polio victims, and inspired the March of Dimes program which funded an effective vaccine. To be sure, our country has built upon the legacy of FDR and has come a long way in ensuring the equality of all citizens living with Disabilities through programs such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act. The FDR Memorial is simply a testament of how far along the road of progress we have come as a nation to ensuring that persons living with both mental and physical handicaps are entitled to equal rights, equal access, and equal opportunity. The FDR Memorial serves as a reference point for those of us who are traveling down the road of progress. FDR renounced fear as it is "nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance." President Roosevelt's continued renunciation of fear, refusal to crumble, and ability to act decisively and fearlessly in spite of the pressures of the Great Depression and World War II allowed him to develop into one of the finest role models for the people of the United States. A permanent statue of FDR as a citizen with a disability will forever inspire all citizens to forge through our fears and most difficult times. To me it is ironic, yet only fitting, that during the Great Depression, a time when our nation was in fact disabled, a man living with a handicap, stepped beyond his limitations to lead our nation like no other. Our 32nd President not only lived with a handicap, but did so while being one of the great leaders of our country. FDR is symbolic of perseverance, and his presidency is testimony that mental and physical handicaps are not impediments to success. In the end, a permanent statue which portrays Franklin Delano Roosevelt as a person with a handicap will be forever a reminder that disability is part of humanity and in no way reduces a person's chance of fulfilling his or her dreams. Patrick J. Kennedy. ---------- Congressional Record dated Tuesday, July 8, 1997 House Section ---------------------------------------- ---------------------------------------- Record Vote No. 1247 on S.J.Res. 29 REGARDING THE FRANKLIN DELANO ROOSEVELT MEMORIAL Barrett (NE) Gutknecht Parker Barrett (WI) Hall (OH) Pascrell Bass Hamilton Paxon Bateman Hansen Payne Bentsen Harman Pease Bereuter Hastert Pelosi Berry Hastings (FL) Peterson (MN) Bilirakis Hastings (WA) Peterson (PA) Bishop Hefner Petri Blagojevich Herger Pickering Bliley Hill Pickett Blumenauer Hilliard Pitts Blunt Hinchey Pombo Boehlert Hinojosa Pomeroy Boehner Hobson Porter Bonior Hoekstra Portman Bono Holden Poshard Borski Hooley Price (NC) Boswell Horn Pryce (OH) Boucher Houghton Quinn Boyd Hoyer Rahall Brady Hulshof Ramstad Brown (CA) Hutchinson Rangel Brown (FL) Hyde Redmond Bryant Istook Regula Bunning Jackson (IL) Reyes Burr Jackson-Lee (TX) Riley Buyer Jefferson Rivers Callahan Jenkins Rodriguez Calvert John Roemer Camp Johnson (CT) Rogan Campbell Johnson (WI) Rogers Canady Johnson, E. B. Ros-Lehtinen Cannon Jones Rothman Capps Kanjorski Roukema Cardin Kaptur Roybal-Allard Carson Kasich Ryun Castle Kelly Sabo Chabot Kennedy (MA) Sanchez Chambliss Kennedy (RI) Sanders Christensen Kennelly Sandlin Clay Kildee Sawyer Clayton Kilpatrick Saxton Clement Kim Schaefer, Dan Clyburn Kind (WI) Schumer Collins King (NY) Scott Condit Kingston Serrano Conyers Kleczka Shaw Cook Klink Shays Cooksey Klug Shimkus Costello Knollenberg Skeen Coyne Kolbe Slaughter Cramer Kucinich Smith (OR) Crane LaFalce Smith (TX) Crapo LaHood Smith, Adam Cubin Lampson Smith, Linda Cummings Latham Snowbarger Cunningham Lazio Snyder Danner Leach Souder Davis (FL) Levin Spence Davis (IL) Lewis (GA) Spratt Davis (VA) Lewis (KY) Stabenow Deal Linder Stark DeFazio Lipinski Stearns DeGette LoBiondo Stenholm Delahunt Lofgren Stokes DeLauro Lucas Strickland Deutsch Luther Stupak Diaz-Balart Maloney (CT) Sununu Dickey Maloney (NY) Talent Dicks Manton Tanner Dixon Manzullo Tauscher Doggett Markey Tauzin Dooley Martinez Thomas Doyle Mascara Thompson Dreier Matsui Thune Duncan McCarthy (MO) Thurman Dunn McCarthy (NY) Tierney Ehlers McCollum Torres Ehrlich McCrery Towns Emerson McDade Traficant Engel McDermott Turner English McGovern Upton Ensign McHale Velazquez Eshoo McHugh Vento Etheridge McInnis Visclosky Evans McIntyre Walsh Everett McKeon Wamp Ewing McKinney Waters Farr McNulty Watkins Fawell Meehan Watt (NC) Fazio Meek Watts (OK) Filner Menendez Waxman Flake Metcalf Weldon (FL) Foglietta Millender-McDonald Weldon (PA) Foley Miller (CA) Weller Forbes Miller (FL) Wexler Ford Minge Weygand Fowler Mink White Fox Moakley Whitfield Frank (MA) Molinari Wicker Franks (NJ) Mollohan Wise Frelinghuysen Moran (KS) Wolf Furse Morella Woolsey Ganske Murtha Wynn Gekas Myrick Yates Gephardt Nadler Young (AK) Gibbons Neal Young (FL) NAYS--39 Barr Coburn Johnson, Sam Rohrabacher Skaggs Bartlett Combest Lewis (CA) Royce Skelt REGARDING THE FRANKLIN DELANO ROOSEVELT MEMORIAL ---------- SPEECH OF HON. DAVID E. BONIOR OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Tuesday, July 8, 1997 Mr. BONIOR. Mr. Speaker, I rise today in full support of Senate Joint Resolution 29, the resolution directing the Department of the Interior to design and construct a statue depicting Franklin Delano Roosevelt in his wheelchair. I believe this inclusion in the Franklin Roosevelt Memorial Statue will further illustrate to the American public that a person with a disability is not limited in his or her ability to reach his I would recommend that this artistic but unreadable Braille displayed on the memorial's Wall of Programs be supplemented by Braille which is readable. This Braille should conform to the specifications for raised character and Braille signage contained in recognized access codes such as the Americans with Disabilities Act Accessibility Guidelines [ADAAG] and the American National Standards Institute's [ANSI's] A117-1 standard for accessible design for the disabled. The reproduced Braille should be placed on a metal plaque or plaques which are affixed at a reasonable and readable height and location on the Wall of Programs. Or, the plaques could be mounted near the Wall of Programs on stands located at a reasonable height and location immediately adjacent to the artistic, but unreadable Braille. I would also encourage the Secretary to replicate in Braille the inspirational excerpts from President Roosevelt's speeches, which are displayed in print throughout the memorial, so they may be enjoyed by blind or visually impaired visitors. I believe these additions to the monument honoring our 32d President would be a fitting tribute to a great man who tirelessly served this country, and I would encourage full consideration of this important request. ---------- S.J. Res. 29 by INOUYE (D-HI) -- Franklin Delano Roosevelt Memorial, District of Columbia, Addition (Pub.L. 105-29, approved 7/24/97) S.J.R.29 As finally approved by the House and Senate (Enrolled) ---------------------------------------- S. J. Res. 29 One Hundred Fifth Congress of the United States of America A T T H E F I R S T S E S S I O N Begun and held at the City of Washington on Tuesday, the seventh day of January, one thousand nine hundred and ninety-seven Joint Resolution To direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, D.C., and for other purposes. ============================== Whereas President Franklin Delano Roosevelt, after contracting poliomyelitis, required the use of a wheelchair for mobility and lived with this condition while leading the United States through some of its most difficult times; and Whereas President Roosevelt's courage, leadership, and success should serve as an example and inspiration for all Americans: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITION TO FRANKLIN DELANO ROOSEVELT MEMORIAL. (a) Plan.--The Secretary of the Interior (referred to in this Act as the "Secretary") shall plan for the design and construction of an addition of a permanent statue, bas-relief, or other similar structure to the Franklin Delano Roosevelt Memorial in Washington, D.C. (referred to in this Act as the "Memorial"), to provide recognition of the fact that President Roosevelt's leadership in the struggle by the United States for peace, well-being, and human dignity was provided while the President used a wheelchair. (b) Commission of Fine Arts.--The Secretary shall obtain the approval of the Commission of Fine Arts for the design plan created under subsection (a). (c) Report.--As soon as practicable, the Secretary shall report to Congress and the President on findings and recommendations for the addition to the Memorial. (d) Construction.--Beginning on the date that is 120 days after submission of the report to Congress under subsection (c), using only private contributions, the Secretary shall construct the addition according to the plan created under subsection (a). SEC. 2. POWERS OF THE SECRETARY. To carry out this Act, the Secretary may-- (1) hold hearings and organize contests; and (2) request the assistance and advice of members of the disability community, the Commission of Fine Arts, and the National Capital Planning Commission, and the Commissions shall render the assistance and advice requested. SEC. 3. COMMEMORATIVE WORKS ACT. Compliance by the Secretary with this joint resolution shall satisfy all requirements for establishing a commemorative work under the Commemorative Works Act (40 U.S.C. 1001 et seq.). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this joint resolution such sums as may be necessary. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. ---------- End of Document -- TNET Mail to News Gateway For information about this gateway, email firstname.lastname@example.org