[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]