[House Report 110-455]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-455
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DESIGNATION OF JAMES M. ASHLEY AND THOMAS W.L. ASHLEY UNITED STATES
COURTHOUSE
_______
November 15, 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. 3712]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3712) to designate the Federal
building and United States courthouse located at 1716
Spielbusch Avenue in Toledo, Ohio, as the ``James M. & Thomas
W.L. Ashley Customs Building and United States Courthouse'',
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION.
The United States courthouse located at 1716 Spielbusch Avenue in
Toledo, Ohio, shall be known and designated as the ``James M. Ashley
and Thomas W.L. Ashley United States Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the United States courthouse referred to
in section 1 shall be deemed to be a reference to the ``James M. Ashley
and Thomas W.L. Ashley United States Courthouse''.
Amend the title so as to read:
A bill to designate the United States courthouse located at 1716
Spielbusch Avenue in Toledo, Ohio, as the ``James M. Ashley and Thomas
W.L. Ashley United States Courthouse''.
PURPOSE OF THE LEGISLATION
H.R. 3712, as amended, designates the United States
courthouse located at 1716 Spielbusch Avenue in Toledo, Ohio,
as the ``James M. Ashley and Thomas W.L. Ashley United States
Courthouse''.
BACKGROUND AND NEED FOR LEGISLATION
James Monroe Ashley (1824-1896) was born in Pittsburgh,
Pennsylvania, and moved to Portsmouth, Ohio, with his family at
the age of four. In his thirties, he moved to Toledo, Ohio, and
helped organize the Ohio Republican party.
Representative Ashley had a distinguished career in public
service which included five terms as a Representative from Ohio
and later as Governor of Montana. He was elected to his first
term in Congress in 1858. During the American Civil War,
Representative Ashley was the first Member of Congress to call
for an amendment to the United States Constitution that would
outlaw slavery. His amendment is recognized as the antecedent
of the Thirteenth amendment of the Constitution, which
abolished slavery within the United States and its territories.
As Chairman of the House Committee on Territories,
Representative Ashley led the Congressional effort to organize
the territorial governments of Nevada, Idaho, Arizona, Wyoming,
and Montana. He was also the author of the enabling acts to
establish the Territories of Nebraska, Colorado, and Nevada, in
which he included provisions that prevented the establishment
of slavery in these territories without the consent and
approval of Congress.
After serving in Congress, Governor Ashley became the
governor of the Montana Territory and served until 1870. He
then moved into the private sector, where he was instrumental
in building the Toledo, Ann Arbor, & North Michigan Railroad.
Thomas William Ludlow Ashley is the great grandson of
former Governor James M. Ashley. Born in 1923, Representative
Thomas Ashley served in the United States Army during the
Second World War. He went on to graduate from Yale University
in 1948 and from Ohio State University Law School in 1951.
In 1954, Representative Ashley was elected to the first of
the 13 terms that he would eventually serve in Congress. During
his time in Congress, Representative Ashley served as Chairman
of the Select Committee on Energy, Chairman of the Committee on
Merchant Marine and Fisheries, and Assistant Majority Whip. In
1977, Speaker Thomas P. ``Tip'' O'Neill established a Select
Committee on Energy and appointed Representative Ashley to
chair the Committee. The Select Committee on Energy compiled
energy legislation, based on bills reported by several House
committees in response to President Jimmy Carter's legislative
proposal. In addition, Representative Ashley was the primary
sponsor of P.L. 89-117, which directed the Federal Government
to assist in the provision of housing for low- and moderate-
income families. This law was the precursor to the creation of
the Department of Housing and Urban Development.\1\
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\1\Roger Szernraj. Representatives James M. Ashley and Thomas
William Ludlow Ashley. Congressional Research Service. June 20, 2007.
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Given the Ashleys' dedication to public service through the
generations, it is both fitting and proper to designate the
United States courthouse in Toledo, Ohio, as the ``James M.
Ashley and Thomas W.L. Ashley United States Courthouse''.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the United States courthouse located
at 1716 Spielbusch Avenue in Toledo, Ohio, as the ``James M.
Ashley and Thomas W.L. Ashley United States Courthouse''.
Section 2. References
Section 2 clarifies that any reference in a law, map,
regulation, document, paper, or other record of the United
States to the United States courthouse referred to in Section 1
shall be deemed to be a reference to the ``James M. Ashley and
Thomas W.L. Ashley United States Courthouse''.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
On October 1, 2007, Representative Kaptur introduced H.R.
3712.
On October 30, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management met in
open session to consider H.R. 3712. The Subcommittee adopted an
amendment in the nature of substitute to make technical
corrections to the bill. The Subcommittee recommended the bill,
as amended, favorably to the Committee on Transportation and
Infrastructure by voice vote with a quorum present.
On October 31, 2007, the Committee on Transportation and
Infrastructure met in open session, and ordered H.R. 3712, as
amended, 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 the amendment
to H.R. 3712 or ordering H.R. 3712, as amended, reported. A
motion to order H.R. 3712, as amended, 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 goal and objective of this legislation is to
designate the United States courthouse located at 1716
Spielbusch Avenue in Toledo, Ohio, as the ``James M. Ashley and
Thomas W.L. Ashley 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.
3712, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 1, 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 October 31,
2007:
H.R. 3712, a bill to designate the United
States courthouse located at 1716 Spielbusch Avenue in
Toledo, Ohio, as the ``James M. Ashley and Thomas W.L.
Ashley United States Courthouse''; and.
H.R. 3315, a bill to provide that the great
hall of the Capitol Visitor Center shall be known as
``Emancipation Hall.''
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,
Robert A. Sunshine
(For 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. 3712, as amended, 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. 3712, as amended,
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. 3712, as amended, makes no changes in existing law.