[DOCID: f:hr326.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-326
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TO DESIGNATE THE UNITED STATES COURTHOUSE LOCATED AT 301 NORTH MIAMI
AVENUE, MIAMI, FLORIDA, AS THE ``C. CLYDE ATKINS UNITED STATES
COURTHOUSE''
_______
September 14, 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. 2671]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2671) to designate the United
States courthouse located at 301 North Miami Avenue, Miami,
Florida, as the ``C. Clyde Atkins 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. 2671 designates the United States courthouse located
at 301 North Miami Avenue in Miami, Florida, as the ``C. Clyde
Atkins United States Courthouse''.
BACKGROUND AND NEED FOR LEGISLATION
Judge C. Clyde Atkins was born on November 23, 1914, in
Washington, DC. In 1921, he moved to Miami, Florida, with his
family. Judge Atkins attended Miami High School, and graduated
from the University of Florida College of Law in 1936. He
practiced law in private practice for more than 25 years, and
was a partner in the law firm of Walton, Lantaff, Shroeder,
Atkins, Carson and Wahl from 1941 to 1966. In 1966, President
Lyndon B. Johnson nominated and the Senate confirmed Judge
Atkins to serve as a U.S. District Court Judge for the Southern
District of Florida. He served as Chief Judge from 1977 to 1982
and assumed senior status on December 31, 1982. Judge Atkins
continued to serve until his death in 1999.
Judge Atkins served as a distinguished jurist throughout
his tenure on the federal bench. He presided over some of the
most controversial cases in South Florida judicial history,
including a case to desegregate Miami schools. Judge Atkins
found the city of Miami guilty of a pattern of harassment of
the city's homeless population and showed great courage in
overturning federal polices that required the repatriation of
Haitian and Cuban refugees at Guantanamo Bay.
In addition to his time as a jurist, Judge Atkins also held
several positions in the legal community and community at
large. He served as President of the Dade County Bar
Association and the Florida Bar Association. He was also a
trustee at Biscayne College (now St. Thomas University) and
Mercy Hospital. Judge Atkins was also very active in the
Catholic Church, and he was named a knight of St. Gregory by
Pope Paul VI.
Judge Atkins had a strong reputation as a principled and
fair jurist. He was respected because of his application of the
law without respect to race, creed, religion, or national
origin. In honor of Judge Atkins' distinguished public service
as a U.S. District Court Judge for 33 years, it is fitting to
name the courthouse located at 301 North Miami Avenue in Miami,
Florida, as the ``C. Clyde Atkins United States Courthouse''.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the United States courthouse located
at 301 North Miami Avenue in Miami, Florida, as the ``C. Clyde
Atkins United States Courthouse''.
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 courthouse referred to in Section 1
shall be deemed to be a reference to the ``C. Clyde Atkins
United States Courthouse''.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
On June 12, 2007, Representative Ros-Lehtinen introduced
H.R. 2671.
On August 1, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management met in
open session to consider H.R. 2671 and favorably recommended
the bill to the Committee on Transportation and Infrastructure
by voice vote.
On August 2, 2007, the Committee on Transportation and
Infrastructure met in open session and ordered the bill
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.
2671 reported. A motion to order H.R. 2671 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
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.
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 located at 301 North
Miami Avenue in Miami, Florida, as the ``C. Clyde Atkins United
States Courthouse''.
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. 2671 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 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 August 2,
2007:
<bullet> H.R. 2728, a bill to designate the station of the
United States Border Patrol located at 25762 Madison Avenue in
Murrieta, California, as the ``Theodore L. Newton, Jr. and
George F. Azrak Border Patrol Station''; and
<bullet> H.R. 2671, a bill to designate the United States
courthouse located at 301 North Miami Avenue, Miami, Florida,
as the ``C. Clyde Atkins United States Courthouse.''
CBO estimates that enactment of those bills would have no
significant impact on the federal budget and would not affect
direct spending or revenues. Those 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, who can be reached
at 226-2860.
Sincerely,
Robert A. Sunshine
(For 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. 2671 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. 2671 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. 2671 makes no changes in existing law.
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