[House Report 111-27]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-27

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   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.

                                  
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