National Council on Disability Document Archive

SJR29 now law for "FDR in a wheelchair"

Posted by: Jamal Mazrui
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: 74444.1076@compuserve.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


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