[House Report 110-72]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-72

======================================================================
 
TO REDESIGNATE THE FEDERAL BUILDING LOCATED AT 167 NORTH MAIN STREET IN 
 MEMPHIS, TENNESSEE, AS THE ``CLIFFORD DAVIS AND ODELL HORTON FEDERAL 
                               BUILDING''

                                _______
                                

   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. 753]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 753) to redesignate the Federal 
building located at 167 North Main Street in Memphis, 
Tennessee, as the ``Clifford Davis/Odell Horton Federal 
Building'', having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. REDESIGNATION.

  The Federal building located at 167 North Main Street in Memphis, 
Tennessee, commonly known as the Clifford Davis Federal Building, shall 
be known and designated as the ``Clifford Davis and Odell Horton 
Federal Building''.

SEC. 2. REFERENCES.

  Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Clifford Davis and 
Odell Horton Federal Building''.

  Amend the title so as to read:

      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''.

                       PURPOSE OF THE LEGISLATION

    H.R. 753, as amended, designates the Clifford Davis Federal 
Building located at 167 North Main Street in Memphis, 
Tennessee, as the ``Clifford Davis and Odell Horton Federal 
Building''.

                  BACKGROUND AND NEED FOR LEGISLATION

    Odell Horton was appointed to the United States District 
Court for the Western District of Tennessee by President Jimmy 
Carter on May 12, 1980. He was the first African-American 
Federal Judge appointed in Tennessee since Reconstruction. He 
began serving four days later, on May 16, 1980.
    Born on May 13, 1929, in Boliver, Tennessee, Horton grew up 
during the Depression and World War II in an environment he 
described as ``typically rural Southern and typically 
segregated, with all the attendant consequences of that.'' 
Horton graduated from high school in 1946 and enlisted in the 
Marine Corps ``as a vehicle to find a way out of Bolivar.'' Ten 
months later he took advantage of an early discharge program 
designed to reduce the number of men in the military, and 
enrolled in Morehouse College in Atlanta, Georgia, using 
federal aid under the GI bill to finance his tuition. The 
Korean War was underway by the time he graduated in 1951 and he 
returned for a second tour in the Marines.
    After his second tour, during which he graduated from the 
U.S. Navy School of Journalism, Horton entered Howard 
University in Washington, DC. He received his law degree in 
1956 and moved to Memphis, Tennessee, where he started a 
private law practice.
    In 1962, Horton became Assistant United States Attorney in 
Memphis. He remained in that position until his appointment to 
the Shelby County Criminal Court by Governor Buford Ellington. 
In 1968, Judge Horton ordered the desegregation of Bowld 
Hospital. A year later, he received the L.M. Graves Memorial 
Health Award for his efforts to advance the cause of health 
care in Memphis. Judge Horton stepped down from his federal 
judgeship to serve as President of LeMoyne-Owen College, a 
predominately African-American liberal arts college.
    After serving four years as President of LeMoyne-Owen 
College, Judge Horton ran unsuccessfully for the office of 
Shelby County District Attorney General. He returned to federal 
service upon his appointment as reporter for the Speedy Trial 
Act Implementation Committee by the Western District Court of 
Tennessee. He later served as a U.S. Bankruptcy Judge from 1976 
to 1980. Judge Horton also served as Chief Judge for the 
Western District of Tennessee from January 1, 1987, until 
December 31, 1993. On May 16, 1995, he took senior status and 
retired two years later.
    Judge Horton was a member of the American Bar Association 
and Chair of the National Conference of Federal Trial Judges. 
He also served as a member of the Judicial Conference Committee 
on Defender Services. Morehouse College honored him with an 
Honorary Degree of Doctor of Laws. In 2000, the Memphis Bar 
Association awarded Judge Horton with a Public Service Award.
    Judge Horton died February 22, 2006, at Baptist Memorial 
Hospital in Memphis, Tennessee, and was buried in Elmwood 
Cemetery in Memphis.
    In honor of Judge Horton's outstanding contributions to the 
legal community in Memphis and his exemplary professional 
career, it is both fitting and proper to designate the Clifford 
Davis Federal Building located on 167 North Main Street in 
Memphis, Tennessee, as the ``Clifford Davis and Odell Horton 
Federal Building''.

                       SUMMARY OF THE LEGISLATION

Section 1. Designation

    Section 1 designates the Federal building located at 167 
North Main Street in Memphis, Tennessee, as the ``Clifford 
Davis and Odell Horton Federal Building''.

Section 2. References

    Section 2 declares that any reference in law, map, 
regulation, document, paper, or other record of the United 
States to the United States Federal building referred to in 
Section 1 shall be deemed to be a reference to the ``Clifford 
Davis and Odell Horton Federal Building''.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On March 1, 2007, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 753 and 
adopted an amendment in the nature of a substitute by voice 
vote. The amendment changed the slash between Clifford Davis 
and Odell Horton to an ``and''. The Committee on Transportation 
and Infrastructure ordered the bill, as amended, 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. 
753 reported. A motion to order H.R. 753, 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 goals and objective of this legislation are to 
designate the Clifford Davis Federal Building located at 167 
North Main Street in Memphis, Tennessee, as the ``Clifford 
Davis and Odell Horton Federal Building''.
    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. 753 
from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                                 Congessional 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 courthous 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 Rcfonn 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. 753, 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. 753 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. 753 makes no changes in existing law.

                                  
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