(PDF provides a complete and accurate display of this text.)
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-203
EXTEND AUTHORITY FOR CONSTRUCTION OF MARTIN LUTHER KING, JR., MEMORIAL
July 14, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1209]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1209) to extend the authority for the construction of a
memorial to Martin Luther King, Jr., in the District of
Columbia, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
Purpose of the Bill
The purpose of H.R. 1209 is to extend the authority for the
construction of a memorial to Martin Luther King, Jr., in the
District of Columbia.
Background and Need for Legislation
The Omnibus Parks and Public Lands Management Act of 1996
(PL 104-333) authorized the Alpha Phi Alpha Fraternity, Inc. to
establish a foundation to manage the fundraising and design of
a memorial to Dr. Martin Luther King, Jr. to be located in the
District of Columbia. The fraternity has accomplished both
tasks by launching the Martin Luther King, Jr. National
Memorial Foundation Fund and developing an appropriate design.
However, the fraternity needs more time to secure the necessary
funds to complete the project. The legislation would extend the
authorization from November 2003 to November 12, 2006.
H.R. 1209 was introduced on March 11, 2003, by
Congresswoman Diane Watson (D-CA). The bill was referred to the
Committee on Resources and within the Committee to the
Subcommittee on National Parks, Recreation and Public Lands. On
June 11, 2003, the Full Resources Committee met to consider the
bill. The Subcommittee on National Parks, Recreation and Public
Lands was discharged from further consideration of the bill by
unanimous consent. No amendments were offered and the bill was
ordered favorably reported to the House of Representatives by
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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 grants Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Congressional Budget Office,
Washington, DC, June 16, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1209, a bill to
extend the authority for the construction of a memorial to
Martin Luther King, Jr., in the District of Columbia.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis,
H.R. 1209--A bill to extend the authority for the construction of a
memorial to Martin Luther King, Jr., in the District of
H.R. 1209 would extend until November 12, 2006, the
authority to construct a memorial to Martin Luther King, Jr.,
on federal lands in Washington, D.C. The extension would give
the Alpha Phi Alpha Fraternity, Inc. (the site's sponsor) an
additional three years to obtain the necessary funds and
complete the project. Under current law, authority to construct
the site will expire on November 12, 2003.
Because the prospective memorial is to be established with
nonfederal funds, extending the authority to build it would not
affect the federal budget. Enacting the legislation would not
affect direct spending or revenues.
H.R. 1209 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 508 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF
SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.
(a) In General.--The Secretary of the Interior is authorized
to permit the Alpha Phi Alpha Fraternity to establish a
memorial on lands under the administrative jurisdiction of the
Secretary in the District of Columbia or its environs to honor
Martin Luther King, Jr., pursuant to [the Commemorative Works
Act (40 U.S.C. 1001 et seq.)] chapter 89 of title 40, United
[(b) Compliance With Standards For Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001 et seq.).]
(b) Compliance With Standards for Commemorative Works.--The
establishment of the memorial shall be in accordance with
chapter 89 of title 40, United States Code. Notwithstanding
section 8903(e) of such title, the authority provided by this
section expires November 12, 2006.
* * * * * * *
(d) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the memorial (including the
maintenance and preservation amount provided for in [section
8(b) of the Commemorative Works Act] section 8906(b) of title
40, United States Code), or upon expiration of the authority
for the memorial under [section 10(b) of that Act] subsection
(b), there remains a balance of funds received for the
establishment of the memorial, the Alpha Phi Alpha Fraternity
shall transmit the amount of the balance to the Secretary of
the Treasury for deposit in the account provided for in
[section 8(b)(1) of that Act] section 8906(b) of such title.