USS Frank E. Evans Act

This bill, known as the USS Frank E. Evans Act, aims to honor the 74 crew members of the USS Frank E. Evans who were killed on June 3, 1969, by mandating the inclusion of their names on the Vietnam Veterans Memorial Wall in Washington, D.C. The Act seeks to recognize the sacrifice of these service members despite the incident occurring outside the designated combat zone of the Vietnam War. By authorizing this inclusion, the bill intends to provide closure and recognition for the families and loved ones of the fallen crew members.

The primary provision of this Act requires the Secretary of Defense to authorize the inclusion of the names of the 74 crew members of the USS Frank E. Evans killed on June 3, 1969, on the Vietnam Veterans Memorial Wall in the District of Columbia. This inclusion must be completed within one year after the date of enactment of the Act. The Secretary of Defense is also required to consult with the Secretary of the Interior, the Vietnam Veterans Memorial Fund, and other applicable authorities regarding any necessary adjustments to the nomenclature and placement of names to address space limitations on the Memorial Wall. Importantly, the Act exempts the activities carried out under its provisions from the requirements of the Commemorative Works Act (Chapter 89 of title 40, United States Code).

The Department of Defense, specifically the Secretary of Defense, is responsible for implementing the provisions of this Act. The Secretary must authorize the inclusion of the names within the specified timeline and consult with relevant authorities to address any logistical challenges. While the Act sets a clear deadline for implementation, it does not specify particular funding mechanisms, reporting requirements, or enforcement provisions. The exemption from the Commemorative Works Act suggests an intent to streamline the implementation process, potentially bypassing certain regulatory hurdles that might otherwise apply to modifications of national memorials.

The direct beneficiaries of this Act are the families and loved ones of the 74 crew members of the USS Frank E. Evans killed on June 3, 1969. By including these names on the Vietnam Veterans Memorial Wall, the Act provides recognition and closure for those affected by this tragedy. The administrative burden appears to be primarily on the Department of Defense, which must coordinate the inclusion of names and consult with other relevant authorities. While specific cost estimates are not provided in the available summaries, the impact on the physical memorial and potential adjustments to accommodate additional names may incur some expenses. The expected outcome is the formal recognition of these service members' sacrifices alongside other Vietnam War casualties, potentially setting a precedent for similar inclusions in the future.

The Act operates within the federal government's authority to manage and modify national memorials. By explicitly exempting the activities from the Commemorative Works Act, the bill creates a specific legal carve-out for this particular addition to the Vietnam Veterans Memorial. This exemption suggests an intent to bypass potential regulatory hurdles and streamline the process of adding these names to the memorial. The Act does not appear to preempt any state or local laws, as it deals exclusively with a federal monument. No specific provisions for judicial review are mentioned in the available summaries, suggesting that standard administrative law principles would apply to any potential challenges to the Act's implementation.

Several critical issues may arise from this Act. First, there may be concerns about setting a precedent for including names on the Vietnam Veterans Memorial of those who died outside the officially designated combat zone or time period of the Vietnam War. This could lead to requests for similar inclusions in the future, potentially altering the scope and criteria for the memorial. Second, there may be practical challenges in physically adding the names to the existing memorial, including space constraints and potential impacts on the memorial's design integrity. The Act's exemption from the Commemorative Works Act, while intended to facilitate implementation, might also raise questions about bypassing established processes for modifying national memorials. Additionally, there could be debates about the appropriate criteria for honoring service members on war memorials and whether this Act expands those criteria in a way that might be seen as inconsistent with existing policies.