[House Report 111-27]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-27
======================================================================
J. HERBERT W. SMALL FEDERAL BUILDING AND UNITED STATES COURTHOUSE
_______
March 10, 2009.--Referred to the House calendar and ordered to be
printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 813]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 813) to designate the Federal
building and United States courthouse located at 306 East Main
Street in Elizabeth City, North Carolina, as the ``J. Herbert
W. Small Federal Building and United States Courthouse'',
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 813 designates the Federal building and United States
Courthouse located in Elizabeth City, North Carolina as the
``J. Herbert W. Small Federal Building and United States
Courthouse''.
BACKGROUND AND NEED FOR LEGISLATION
J. Herbert W. Small is a life long resident of Elizabeth
City, North Carolina. He is a graduate of the University of
Virginia Engineering School, and the University of North
Carolina Law School at Chapel Hill. He began the practice of
law in 1949 and continued in his chosen field for over five
decades. During his professional career he was a member of the
First Judicial District Bar Association, the American Bar
Association, and the North Carolina Bar Association.
He began his public career as Special Counsel to the
Congressional Committee on Intergovernmental Relations. Judge
Small later served as county attorney for Pasquotank County. In
1979, Judge Small was elected Judge of Superior Court of the
First Judicial District and served as senior resident judge for
seventeen years. Judge Small is an active volunteer, serving on
the Board of Director of the Albemarle Hospital, and the
American Red Cross. He has received numerous awards and honors
from the Jaycees, the Boy Scouts, Volunteer Fireman, Chamber of
Commerce, and the Rotary and Elks clubs.
Further, Judge Small served his country during World War II
in the U.S. Navy.
Judge Small is an outstanding mentor and volunteer. For
over five decades he has been an exceptional jurist, and civic
leader. It is fitting and proper to honor his outstanding
contributions with this designation.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the federal building and United States
Courthouse located at 306 East Main Street, Elizabeth City,
North Carolina, as the ``J. Herbert W. Small Federal Building
and United States Courthouse''.
Section 2. References
Section 2 states any reference in a law, map, regulation,
document, paper, or other record of the United States to the
federal building and United States Courthouse located at 306
East Main Street, Elizabeth City, North Carolina shall be
deemed a reference to the ``J. Herbert W. Small Federal
Building and United States Courthouse''.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 110th Congress, Representative G. K. Butterfield
introduced H.R. 1138 on February 16, 2007. On March 1, 2007,
the Committee on Transportation and Infrastructure met in open
session and ordered H.R. 1138 reported favorably to the House
by voice vote with a quorum present. On March 26, 2007, the
Committee reported the bill to the House. H. Rept. 110-71. On
March 26, 2007, the House passed the bill by voice vote. No
further action was taken on the bill.
In the 111th Congress, Representative Butterfield
introduced H.R. 813 on February 3, 2009. On February 12, 2009,
the Committee on Transportation and Infrastructure met in open
session and ordered H.R. 813 reported favorably to the House by
voice vote with a quorum present.
RECORD VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
813 reported. A motion to order H.R. 813 reported favorably to
the House was agreed to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
designate the Federal building and United States Courthouse at
306 East Main Street, Elizabeth City, North Carolina, as the J.
Herbert W. Small Federal Building and United States Courthouse.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 813
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 17, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed the following legislation as ordered reported by the
House Committee on Transportation and Infrastructure on
February 12, 2009:
H.R. 887, a bill to designate the United
States courthouse located at 131 East 4th Street in
Davenport, Iowa, as the ``James A. Leach United States
Courthouse'';
H.R. 869, a bill to designate the federal
building and United States courthouse located at 101
Barr Street in Lexington, Kentucky, as the ``Scott Reed
Federal Building and United States Courthouse'';
H.R. 842, a bill to designate the United
States courthouse to be constructed in Jackson,
Mississippi, as the ``R. Jess Brown United States
Courthouse'';
H.R. 837, a bill to designate the federal
building located at 799 United Nations Plaza in New
York, New York, as the ``Ronald H. Brown United States
Mission to the United Nations Building''; and
H.R. 813, a bill to designate the federal
building and United States courthouse located at 306
East Main Street in Elizabeth City, North Carolina, as
the ``J. Herbert W. Small Federal Building and United
States Courthouse.''
CBO estimates that enacting those pieces of legislation
would have no significant impact on the federal budget and
would not affect direct spending or revenues. The bills contain
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf,
Director.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 813 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules
of the House of Representatives.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 813 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 813 makes no changes in existing law.