[House Report 113-406]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-406

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

 
TO DESIGNATE THE UNITED STATES COURTHOUSE LOCATED AT 333 WEST BROADWAY 
 IN SAN DIEGO, CALIFORNIA, AS THE ``JAMES M. CARTER AND JUDITH N. KEEP 
                       UNITED STATES COURTHOUSE''

                                _______
                                

   April 9, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1378]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1378) to designate the United 
States courthouse located at 333 West Broadway in San Diego, 
California, as the ``James M. Carter and Judith N. Keep United 
States Courthouse'', having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     4
Advisory of Earmarks.............................................     4
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Section-by-Section Analysis of Legislation, as Amended...........     5
Changes in Existing Law Made by the Bill, as Reported............     6
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. JUDICIAL CENTER DESIGNATION.

  The United States Federal Judicial Center located at 333 West 
Broadway in San Diego, California, shall be known and designated as the 
``John Rhoades Federal Judicial Center''. The Judicial Center includes 
the Federal property located at 221 West Broadway, 333 West Broadway, 
880 Front Street, 325 West F Street, 808 Union Street, and the 
adjoining plaza.

SEC. 2. COURTHOUSE BUILDING DESIGNATION.

  The United States courthouse located at 333 West Broadway in San 
Diego, California, shall be known and designated as the ``James M. 
Carter and Judith N. Keep United States Courthouse''.

SEC. 3. REFERENCES.

  Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States Federal Judicial 
Center referred to in section 1 shall be deemed to be a reference to 
the ``John Rhoades Federal Judicial Center''. 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 2 shall be 
deemed to be a reference to the ``James M. Carter and Judith N. Keep 
United States Courthouse''.

    Amend the title so as to read:
    A bill to designate the United States Federal Judicial 
Center located at 333 West Broadway in San Diego, California, 
as the ``John Rhoades Federal Judicial Center'' and to 
designate the United States courthouse located at 333 West 
Broadway in San Diego, California, as the ``James M. Carter and 
Judith N. Keep United States Courthouse''.

                         PURPOSE OF LEGISLATION

    H.R. 1378, as amended, designates the United States Federal 
Judicial Center located at 333 West Broadway as the ``John 
Rhoades Federal Judicial Center'' and designates the United 
States courthouse located at 333 West Broadway in San Diego, 
California, as the ``James M. Carter and Judith N. Keep United 
States Courthouse''.

                  BACKGROUND AND NEED FOR LEGISLATION

    John S. Rhoades, Sr. was a United States federal judge on 
the United States District Court for the Southern District of 
California for 22 years. Before Judge Rhoades began practicing 
law, he served in the United States Navy during World War II 
from 1943 to 1946. After his service to the military, he 
received his Bachelor of Arts degree from Stanford University 
in 1948 and a Juris Doctor degree from the Hastings College of 
Law at the University of California in 1951. He began 
practicing law for the city of San Diego, California as a 
prosecuting attorney in 1955 and as the Deputy City Attorney 
from 1956 to 1967. Judge Rhoades was nominated by President 
Ronald Reagan on September 27, 1985 to serve as a federal judge 
for United States District Court for the Southern District of 
California, where he served until his death on September 3, 
2007.
    Judith N. Keep was a United States federal judge on the 
United States District Court for the Southern District of 
California for 24 years. Judge Keep served as a Municipal Court 
Judge in San Diego from 1976 to 1980. Judge Keep was nominated 
to the bench of the United States District Court for the 
Southern District of California by President Jimmy Carter in 
1980. She was the first female federal judge in her district 
and later became its first female chief judge, serving in that 
capacity from 1991 to 1998. Judge Keep also chaired the 
Conference of Chief District Judges in 1997 and was president 
of the District Judges Association from 1997 to 1999. She 
continued to serve until her death in 2004.
    James M. Carter was a United States federal judge on the 
United States District Court for the Southern District of 
California for 17 years. Judge Carter was in private practice 
of the law in Los Angeles, California from 1928 to 1940 before 
becoming United States Attorney for the Southern District of 
California from 1946 to 1949. On September 23, 1949, Judge 
Carter was nominated by President Harry S. Truman to the United 
States District Court for the Southern District of California, 
where he served as chief judge from 1966 to 1967. On November 
6, 1967, President Lyndon B. Johnson nominated Carter for 
elevation to a seat on the United States Court of Appeals for 
the Ninth Circuit, where he served until his death in 1979.

                                HEARINGS

    No hearings were held on H.R. 1378.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On March 21, 2013, Representative Scott Peters (D-CA) 
introduced H.R. 1378, a bill to designate the United States 
courthouse located at 333 West Broadway in San Diego, 
California, as the ``James M. Carter and Judith N. Keep United 
States Courthouse''.
    On February 11, 2014, the Committee on Transportation and 
Infrastructure met in open session. The Committee considered 
one amendment offered by Representative Lou Barletta (R-PA). 
The amendment was adopted by voice vote. The Committee ordered 
the bill, as amended, reported favorably to the House by voice 
vote with a quorum present.

                            COMMITTEE 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 record votes taken in connection 
with consideration of H.R. 1378 or ordering the measure 
reported. A motion to order H.R. 1378, 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.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    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. 1378, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 18, 2014.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1378, a bill to designate the United States 
Federal Judicial Center located at 333 West Broadway Street in 
San Diego, California, as the ``John Rhoades Federal Judicial 
Center'' and to designate the United States courthouse located 
at 333 West Broadway in San Diego, California, as the ``James 
M. Carter and Judith N. Keep United States Courthouse,'' as 
ordered reported by the House Committee on Transportation and 
Infrastructure on February 11, 2014.
    CBO estimates that enacting this legislation would have no 
significant impact on the federal budget and would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply. The bill contains 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,
                                              Douglas W. Elmendorf.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation, as amended, 
is to designate the United States courthouse located at 333 
West Broadway in San Diego, California, as the ``James M. 
Carter and Judith N. Keep United States Courthouse'' and 
designate the United States Federal Judicial Center located at 
333 West Broadway as the ``John Rhoades Federal Judicial 
Center''.

                          ADVISORY OF EARMARKS

    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. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 1378, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 1378, as amended, 
does not specifically direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                       FEDERAL MANDATE 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. 1378, as amended, 
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 OF LEGISLATIVE BRANCH

    The Committee finds that the legislation, as amended, 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).

         SECTION-BY-SECTION ANALYSIS OF LEGISLATION, AS AMENDED

Section 1. Judicial Center designation

    Section 1 designates the United States Federal Judicial 
Center located at 333 West Broadway in San Diego, California, 
as the ``John Rhoades Federal Judicial Center'', which includes 
the federal property located at 221 West Broadway, 333 West 
Broadway, 880 Front Street, 325 West F Street, 808 Union 
Street, and the adjoining plaza.

Section 2. Courthouse building designation

    Section 2 designates the United States courthouse located 
at 333 West Broadway in San Diego, California, as the ``James 
M. Carter and Judith N. Keep United States Courthouse''.

Section 3. References

    Section 3 deems any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Federal Judicial Center referred to in section 1 
to be a reference to the ``John Rhoades Federal Judicial 
Center'' and any reference to the United States courthouse 
referred to in section 2 shall to be a reference to the ``James 
M. Carter and Judith N. Keep United States Courthouse''.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1378, as amended, makes no changes in existing law.

                                  
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