[House Report 111-610]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-610

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



 
                   WINSTON E. ARNOW FEDERAL BUILDING

                                _______
                                

 September 20, 2010.--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. 4387]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4387) to designate the Federal 
building located at 100 North Palafox Street in Pensacola, 
Florida, as the ``Winston E. Arnow Federal Building'', having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       Purpose of the Legislation

    H.R. 4387 designates the Federal building located at 100 
North Palafox Street in Pensacola, Florida, as the ``Winston E. 
Arnow Federal Building''.

                  Background and Need for Legislation

    H.R. 4387 designates the Federal building located at 100 
North Palafox Street in Pensacola, Florida, as the ``Winston E. 
Arnow Federal Building''. Pursuant to Public Law 108-288, the 
building is currently named the Winston E. Arnow United States 
Courthouse. H.R. 4387 redesignates the building as a Federal 
building because there is a U.S. courthouse across the street 
from the Arnow building and the Judiciary maintains that having 
two adjacent buildings designated as courthouses is confusing 
jurors, litigants, and others.
    Winston Eugene Arnow was born in Micancopy, Florida, in 
1911. He attended the University of Florida and graduated with 
a degree in Business Administration in 1932, and later earned a 
law degree in 1933.
    Mr. Arnow began his career in private practice, but took a 
hiatus to serve in the U.S. Army during World War II as a Major 
and a member of Judge Advocates General Corps. He later 
returned to private practice and served as a municipal judge 
before President Lyndon B. Johnson appointed him as a U.S. 
District Judge. Judge Arnow served as the Chief Judge of the 
Northern District of Florida, stretching from Pensacola to 
Gainesville, from 1969 until 1981. Judge Arnow became a senior 
judge in 1981 and continued his work on the Federal bench until 
he passed away in 1994.
    Judicial authorities and officials viewed Judge Arnow as 
``all integrity''; he ignored criticism by doing what he 
thought was the right and proper thing to do to protect civil 
liberties. His name is now synonymous with the momentous civil 
rights period from 1969 to 1978 in northwest Florida, because 
he followed the U.S. Supreme Court mandates to ensure public 
school desegregation and improved prison conditions in the 
Escambia County jail. Judge Arnow ordered the Escambia school 
district desegregated in 1969 and, in 1978, he was responsible 
for drawing up a special electoral district to ensure that the 
County Commission would have at least one black member. In 
1972, Judge Arnow's decision regarding the Naval Live Oaks 
Reservations ended a long controversial dispute over ownership 
when he declared the historic woodland in the Gulf to be owned 
by the citizens of the United States. Judge Arnow also presided 
over the nationally spotlighted trial of the Gainesville Eight.

                       Summary of the Legislation


Section 1. Designation.

    Section 1 designates the Federal building located at 100 
North Palafox Street in Pensacola, Florida, as the ``Winston E. 
Arnow Federal Building''.

Sec. 2. References.

    Section 2 indicates that 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 ``Winston E. Arnow Federal 
Building''.

            Legislative History and Committee Consideration

    In the 108th Congress, Representative Jeff Miller 
introduced H.R. 1572 to designate the United States courthouse 
located at 100 North Palafox Street in Pensacola, Florida. On 
June 18, 2003, the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management met to consider the bill 
and favorably recommended the bill, as amended, to the 
Committee on Transportation and Infrastructure by voice vote 
with a quorum present. On June 25, 2003, the Committee ordered 
the bill, as amended, reported favorably to the House by voice 
vote with a quorum present. On September 23, 2003, the House 
passed the bill, as amended, by voice vote with a quorum 
present. On July 19, 2004, the Senate passed the bill, as 
amended, by unanimous consent. On August 6, 2004, President 
George W. Bush signed the bill into law (P.L. 108-288). Public 
Law 108-288 designates the Federal building as the Winston E. 
Arnow United States Courthouse.
    In the 111th Congress, on December 16, 2009, Representative 
Jeff Miller introduced H.R. 4387. On July 29, 2010, the 
Committee on Transportation and Infrastructure met in open 
session to consider H.R. 4387. The Committee ordered the bill 
reported favorably to the House by voice vote with a quorum 
present.

                              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 consideration of H.R. 4387 or ordering the bill reported. 
A motion to order H.R. 4387 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 
section 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 objectives of this legislation are to 
designate the Federal building located at 100 North Palafox 
Street in Pensacola, Florida, as the ``Winston E. Arnow 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. 4387 
from the Director of the Congressional Budget Office:

                                                    August 3, 2010.
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 legislation ordered reported by the 
House Committee on Transportation and Infrastructure on July 
29, 2010:
           H.R. 4387, a bill to designate the federal 
        building located at 100 North Palafox Street in 
        Pensacola, Florida, as the ``Winston E. Arnow Federal 
        Building'';
           H.R. 5651, a bill to designate the federal 
        building and United States courthouse located at 515 
        9th Street in Rapid City, South Dakota, as the ``Andrew 
        W. Bogue Federal Building and United States 
        Courthouse'';
           H.R. 5706, a bill to designate the building 
        occupied by the Government Printing Office located at 
        31451 East United Avenue in Pueblo, Colorado, as the 
        ``Frank Evans Government Printing Office Building'';
           H.R. 5773, a bill to redesignate the federal 
        building located at 6401 Security Boulevard in 
        Baltimore, Maryland, commonly known as the Social 
        Security Operations Building, as the ``Robert M. Ball 
        Federal Building''; and
           H.R. 5591, a bill to designate the airport 
        traffic control tower located at Spokane International 
        Airport in Spokane, Washington, as the ``Ray Daves 
        Airport Traffic Control Tower.''
    CBO estimates that enacting those pieces of legislation 
would have no significant impact on the federal budget and 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply. The 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,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).

                     Compliance With House Rule XXI

    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. H.R. 
4387 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   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 (P.L. 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. 4387 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 (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

    H.R. 4387 makes no changes in existing law.

                                  
