[House Report 115-818]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {     115-818

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

 
 TO DESIGNATE THE UNITED STATES COURTHOUSE LOCATED AT 323 EAST CHAPEL 
  HILL STREET IN DURHAM, NORTH CAROLINA, AS THE ``JOHN HERVEY WHEELER 
                       UNITED STATES COURTHOUSE''

                                _______
                                

   July 16, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3460]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3460) to designate the United 
States courthouse located at 323 East Chapel Hill Street in 
Durham, North Carolina, as the ``John Hervey Wheeler United 
States Courthouse'', having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     3
Advisory of Earmarks.............................................     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Mandate Statement........................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability of Legislative Branch..............................     4
Section-by-Section Analysis of Legislation.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. JOHN HERVEY WHEELER UNITED STATES COURTHOUSE.

  (a) Designation.--The United States courthouse located at 323 East 
Chapel Hill Street in Durham, North Carolina, shall be known and 
designated as the ``John Hervey Wheeler United States Courthouse'' 
during the period in which the facility is used as a Federal 
courthouse.
  (b) References.--During the period in which the facility referred to 
in subsection (a) is used as a Federal courthouse, any reference in a 
law, map, regulation, document, paper, or other record of the United 
States to the United States courthouse referred to in subsection (a) 
shall be deemed to be a reference to the ``John Hervey Wheeler United 
States Courthouse''.

                         PURPOSE OF LEGISLATION

    H.R. 3460, as amended, designates the United States 
courthouse located at 323 East Chapel Hill Street in Durham, 
North Carolina, as the ``John Hervey Wheeler United States 
Courthouse.''

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3460, as amended, designates the United States 
courthouse located at 323 East Chapel Hill Street in Durham, 
North Carolina, as the ``John Hervey Wheeler United States 
Courthouse.''
    Mr. John Wheeler was a respected civil rights leader in 
Durham, North Carolina, who successfully litigated school 
segregation cases in the 1940s. He was born in Kittrell, North 
Carolina in 1908 and received his bachelor's degree from 
Morehouse College in 1929. In 1961, President John F. Kennedy 
appointed Mr. Wheeler to the United States Equal Employment 
Opportunity Commission where he championed civil rights, and 
worked with Vice President Lyndon B. Johnson in drafting civil 
rights legislation. In 1963, John Hervey Wheeler became an 
incorporator of the North Carolina Fund, an antipoverty agency. 
The Fund then became a model for the national War on Poverty 
presented by President Lyndon B. Johnson. Mr. Wheeler also 
served as President of the Mechanics and Farmers Bank.

                                HEARINGS

    No hearings were held on H.R. 3460, as amended.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On July 27, 2017, Congressman G.K. Butterfield (D-NC) 
introduced H.R. 3460. The bill was referred solely to the 
Committee on Transportation and Infrastructure.
    On June 27, 2018, the Committee on Transportation and 
Infrastructure met in open session. An amendment was offered by 
Congressman Lou Barletta (R-PA) and adopted by the Committee by 
voice vote. The Committee ordered the bill, as amended, 
reported favorably to the House by voice vote with a quorum 
present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules 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 consideration of H.R. 3460 as amended.

                      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.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    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. 3460, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 9, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed the following bills ordered reported by the House 
Committee on Transportation and Infrastructure on June 27, 
2018:
           H.R. 3460, a bill to designate the United 
        States courthouse located at 323 East Chapel Hill 
        Street in Durham, North Carolina, as the ``John Hervey 
        Wheeler United States Courthouse''; and
           H.R. 5772, a bill to designate the J. Marvin 
        Jones Federal Building and Courthouse located in 
        Amarillo, Texas, as the ``J. Marvin Jones Federal 
        Building and Mary Lou Robinson United States 
        Courthouse.''
    CBO estimates that enacting the bills would have no 
significant effect on the federal budget and would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO also estimates that enacting the bills would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2029.
    The bills contain no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                             Mark P. Hadley
                                         (For Keith Hall, Director)

                    PERFORMANCE GOALS AND OBJECTIVES

    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 323 East 
Chapel Hill Street in Durham, North Carolina, as the ``John 
Hervey Wheeler United States Courthouse.''

                          ADVISORY OF EARMARKS

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3 of rule XIII of the Rules of the House 
of Representatives, the Committee finds that no provision of 
H.R. 3460, as amended, establishes or reauthorizes a program of 
the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 3460 as amended does not 
direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       FEDERAL MANDATE 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. 3460, 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 OF 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).

               SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. John Hervey Wheeler United States Courthouse

    Section 1 subsection (a) designates the United States 
courthouse located at 323 East Chapel Hill Street in Durham, 
North Carolina, shall be known as the ``John Hervey Wheeler 
United States Courthouse'' during the period in which the 
facility is used as a Federal courthouse. Subsection (b) deems 
any reference in a law, map, regulation, document, paper, or 
other record of the United States to the Federal building and 
United States courthouse referred to in section 1 as a 
reference to the ``John Hervey Wheeler United States 
Courthouse'' during the period in which the facility is used as 
a Federal courthouse.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3460, as amended, makes no changes in existing law.

                                  [all]