[House Report 110-72]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-72
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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.