[House Report 110-22]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-22

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



 
                 HUGH L. CAREY UNITED STATES COURTHOUSE

                                _______
                                

 February 16, 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. 429]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 429) to designate the United States 
courthouse located at 225 Cadman Plaza East, Brooklyn, New 
York, as the ``Hugh L. Carey 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. 429, Hugh L. Carey United States Courthouse, 
designates the courthouse located at 225 Cadman Plaza East, 
Brooklyn, New York, as the Hugh L. Carey United States 
Courthouse.

                  BACKGROUND AND NEED FOR LEGISLATION

    Hugh L. Carey was born in Brooklyn, Kings County, New York, 
on April 11, 1919. He graduated from St. John's College in 1949 
and St. John's Law School in 1951. Soon after, Carey was 
admitted to the bar in 1951 and commenced the practice of law 
in Brooklyn, New York. During the Second World War, he entered 
the United States Army as an enlisted man in the One Hundred 
First Cavalry, New York National Guard, serving in Europe as a 
Major of infantry in the One Hundred Fourth Division. He was 
later decorated with the Bronze Star, Croix de Guerre, and 
Combat Infantry Award.
    After leaving the armed services, Carey went on to serve as 
the State chairman of the Young Democrats of New York. Carey 
was elected as a Democrat in the 12th Congressional district of 
New York to the 87th Congress and to the six succeeding 
Congresses, serving from January 3, 1961, until his resignation 
on December 31, 1974. Carey was elected the 51st governor of 
New York on November 5, 1974, and was re-elected to a second 
term in 1978. As governor he was the catalyst for the 
significant financial plan that averted the bankruptcy of New 
York City and began a sweeping program of fiscal reform and 
economic development to restore New York State's vitality. 
Governor Carey was known for his unflinching opposition to a 
state death penalty. He insisted that the state could protect 
its citizens from the fear and acts of crime without resorting 
to ``the ultimate act of violence.'' He served until January 1, 
1983, when Lt. Governor Mario Cuomo succeeded him.
    In 1991, Governor Carey was chosen by his fellow former 
governors as the first chairman of the National Institute of 
Former Governors and was re-elected as chairman through 1993. 
In 1993, Governor Carey was appointed by President Clinton to 
the American Battle Monuments Commission to represent the 
United States at various ceremonies commemorating the 50th 
Anniversary of the end of World War II. After his extensive 
career in public service, Carey resumed the practice of law in 
New York City, where he currently resides. The former two-term 
New York state Governor now focuses his legal practice on 
municipal finance and public affairs activities using his 
extensive knowledge and experience in government and business 
matters, as well as the regulatory environment at both the 
federal and local levels.
    In honor of Governor Carey's outstanding public service 
career in New York, it is both fitting and proper to designate 
the courthouse located on 225 Cadman Plaza in Brooklyn, New 
York as the ``Hugh L. Carey United States Courthouse.''

                       SUMMARY OF THE LEGISLATION

Section 1. Designation

    Section 1 designates the courthouse located at 225 Cadman 
Plaza East, Brooklyn, New York as the Hugh L. Carey United 
States Courthouse.

Section 2. References

    Section 2 states that any reference in a 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 Hugh L. Carey United 
States Courthouse.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 109th Congress, H.R. 5214, a bill to designate the 
courthouse located at 225 Cadman Plaza East, Brooklyn, New 
York, as the Hugh L. Carey United States Courthouse, was 
introduced on April 26, 2006, and was referred to the Committee 
on Transportation and Infrastructure.
    On January 11, 2007, Representative Towns introduced H.R. 
429 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. 429 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. 429 
reported favorably to the House by voice vote.

                              RECORD 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 ordering H.R. 429 reported. A motion to order H.R. 429, 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)(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 is to 
designate the courthouse located at 225 Cadman Plaza East, 
Brooklyn, New York, as the Hugh L. Carey 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. 429 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 8, 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 February 7, 
2007:
           H.R. 584, a bill to designate the Federal 
        building located at 400 Maryland Avenue Southwest in 
        the District of Columbia, as the ``Lyndon Baines 
        Johnson Department of Education Building'';
           H.R. 544, a bill to designate the United 
        States courthouse at South Federal Place in Santa Fe, 
        New Mexico, as the ``Santiago E. Campos United States 
        Courthouse'';
           H.R. 478, 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. 430, a bill to designate the United 
        States bankruptcy courthouse located at 271 Cadman 
        Plaza East, Brooklyn, New York, as the ``Conrad B. 
        Duberstein United States Bankruptcy Courthouse'';
           H.R. 429, a bill to designate the United 
        States courthouse located at 225 Cadman Plaza East, 
        Brooklyn, New York, as the ``Hugh L. Carey United 
        States Courthouse'';
           H.R. 399, a bill to designate the United 
        States courthouse to be constructed in Jackson, 
        Mississippi, as the ``R. Jess Brown United States 
        Courthouse''; and
           H.R. 342, a bill to designate the United 
        States courthouse located at 555 Independence Street in 
        Cape Girardeau, Missouri, as the ``Rush Hudson 
        Limbaugh, Sr., 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 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,
                                           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. 429 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. 429 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. 429 makes no changes in existing law.

                                  
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