[House Report 111-29]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-29

======================================================================



 
                 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.

                                  
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