19–006

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. 

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COMMITTEE ACTION

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 unanimous consent. 

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 apply. 

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 Office:

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U.S. CONGRESS, 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, 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

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 

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 governments. 

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 tribal law.

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): 

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SECTION 508 OF THE OMNIBUS PARKS AND PUBLIC 

LANDS MANAGEMENT ACT OF 1996

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 øthe Commemorative Works Act (40 U.S.C. 1001 

et seq.)¿ chapter 89 of title 40, United States Code.

ø(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 øsection 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 

øsection 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 øsection 8(b)(1) of that Act¿ section 8906(b) of such title.

Æ