[House Report 111-29]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-29
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R. JESS BROWN 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. 842]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 842) to designate the United States
Courthouse to be constructed in Jackson, Mississippi, as the
``R. Jess Brown 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. 842 designates the United States Courthouse to be
constructed in Jackson, Mississippi, as the ``R. Jess Brown
United States Courthouse''.
BACKGROUND AND NEED FOR LEGISLATION
R. Jess Brown was born in Coffeeville, Kansas, on September
2, 1912. He was educated in the Muskogee, Oklahoma, public
school system. He received a Bachelor of Education degree from
Illinois State University, known then as Illinois State Normal
University, in 1935, and a Master of Education degree from the
University of Indiana in 1943. He attended Texas Southern Law
School.
In 1948, he was a co-plaintiff in a lawsuit for equal
salaries for Jackson, Mississippi school teachers.
In 1953, he was admitted to the bar for the State of
Mississippi and admitted to practice before the United States
District Court for the Southern District of Mississippi. In
1955, he co-founded the Magnolia Bar Association, and he later
served on the Board of the National Bar Association for nearly
15 years. In 1958, he was admitted to practice before the
United States Supreme Court.
As Associate Counsel for the National Association for the
Advancement of Colored People (NAACP) Legal Defense and
Educational Fund, Brown filed the first civil rights suit in
Mississippi in the 1950s in Jefferson Davis County seeking the
enforcement of the right of black citizens to become registered
voters. In 1961, Brown represented James H. Meredith in his
suit to be allowed to enter the University of Mississippi; his
victory in this case opened the doors of that university to all
of Mississippi's citizens. While with the NAACP Legal Defense
Fund, he played a major role in fighting discrimination in the
areas of transportation and other public accommodations working
along side Thurgood Marshall, who would later become Associate
Justice of the United States Supreme Court.
Brown also served as counsel for the American Civil
Liberties Union, where he was successful in obtaining reversals
of convictions of black defendants due to discrimination in
jury selection. He also represented numerous black defendants
in cases where the State sought the death penalty. As a result
of these appeals, none of these defendants were ever executed.
R. Jess Brown died in Jackson, Mississippi, on January 2,
1990. R. Jess Brown will be remembered as more than a brilliant
attorney and civil rights leader.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the United States Courthouse to be
constructed in Jackson, Mississippi, as the ``R. Jess Brown
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
courthouse referred to in Section 1 shall be deemed to be a
reference to the ``R. Jess Brown United States Courthouse''.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 109th Congress, Representative Bennie G. Thompson
introduced this bill (H.R. 4426) and it was referred to the
House Committee on Transportation and Infrastructure. No
further action was taken on the bill.
In the 110th Congress, on January 10, 2007, Representative
Thompson introduced H.R. 399 and it was referred to the
Committee on Transportation and Infrastructure. On February 6,
2007, the Subcommittee on Economic Development, Public
Buildings, and Emergency Management met in open session and
favorably recommended H.R. 399 to the Committee on
Transportation and Infrastructure by voice vote. On February 7,
2007, the Committee on Transportation and Infrastructure met in
open session and ordered H.R. 399 reported favorably to the
House by voice vote. On March 6, 2007, the Committee reported
the bill to the House. H. Rept. 110-20. On March 6, 2007, the
House passed H.R. 399 by voice vote. No further action was
taken on the bill.
In the 111th Congress, Representative Thompson introduced
H.R. 842 on February 3, 2009. On February 12, 2009, the
Committee on Transportation and Infrastructure met in open
session, and ordered the bill 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.
842 reported. A motion to order H.R. 842 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 United States Courthouse to be constructed in
Jackson, Mississippi, as the ``R. Jess Brown 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. 842
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. 842 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. 842 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. 842 makes no changes in existing law.