[House Report 108-203]
[From the U.S. Government Publishing Office]



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.

                            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:

                                     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):

  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 [the Commemorative Works 
Act (40 U.S.C. 1001 et seq.)]  chapter 89 of title 40, United 
States Code.
  [(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.

                                
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