[House Report 110-326]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-326

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


 
 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:
     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
     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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