[House Report 110-71] [From the U.S. Government Publishing Office] 110th Congress Report HOUSE OF REPRESENTATIVES 1st Session 110-71 ====================================================================== 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'' _______ March 26, 2007.--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. 1138] [Including cost estimate of the Congressional Budget Office] The Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 1138) 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. 1138 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 more than 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 more than five decades, he has been an exceptional jurist and civic leader. It is fitting and proper to honor his outstanding contributions with this designation. BACKGROUND AND NEED FOR 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 declares that 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 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. 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. 1138 reported. A motion to order H.R. 1138 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)(I) 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. 1138 from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, March 5, 2007. 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 bills as ordered reported by the House Committee on Transportation and Infrastructure on March 1, 2007:H.R. 753, a bill to redesignate the federal building located at 167 North Main Street in Memphis, Tennessee, as the ``Clifford Davis and Odell Horton Federal Building''; H.R. 1045, a bill to designate the federal building located at 210 Walnut Street in Des Moines, Iowa, as the ``Neal Smith Federal Building''; H.R. 1019, a bill to designate the United States customhouse building located at 31 Gonzalez Clemente Avenue in Mayaguez, Puerto Rico as the ``Rafael Martinez Nadal United States Customhouse Building''; H.R. 735, a bill to designate the federal building under construction at 799 First Avenue in New York, New York, as the ``Ronald H. Brown United States Mission to the United Nations Building''; and H.R. 1138, 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 enactment of these bills would have no significant impact on the federal budget and would not affect direct spending or revenues. These 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, Peter R. Orszag, Director. COMPLIANCE WITH HOUSE RULE XXI Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives, H.R. 1138 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. 1138 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. 1138 makes no changes in existing law.