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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-448

======================================================================
 
    DESIGNATION OF WILKIE D. FERGUSON, JR. UNITED STATES COURTHOUSE

                                _______
                                

   March 25, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 2538]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2538) to designate the United 
States courthouse located at 400 North Miami Avenue in Miami, 
Florida, as the ``Wilkie D. Ferguson, Jr. United States 
Courthouse'', having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 2538 is to provide for the designation 
of the United States courthouse located at 400 North Miami 
Avenue in Miami, Florida, as the ``Wilkie D. Ferguson, Jr. 
United States Courthouse''.

                BACKGROUND AND NEED FOR THE LEGISLATION

    H.R. 2538 designates the United States courthouse located 
at 400 North Miami Avenue in Miami, Florida, as the ``Wilkie D. 
Ferguson, Jr. United States Courthouse''. Wilkie Demeritte 
Ferguson, Jr. was born May 11, 1938 in Miami, Florida, the son 
of Bahamian immigrants.
    He was raised in the Liberty Square public-housing project 
and attended segregated public schools. In 1960, he received a 
bachelor's degree in business administration from Florida A&M; 
University. After his graduation from Florida A&M;, Wilkie 
Ferguson received a commission as a First Lieutenant in the 
United States Army. He served in the active military as a 
Lieutenant from 1960 to 1963, and as a Captain in the Army 
Reserve until 1965.
    Following his discharge from the Army, he moved to 
Washington, D.C. to attend Howard University School of Law, 
receiving his Juris Doctorate in 1968. Upon his graduation, he 
returned to Miami, Florida to serve as a Staff Attorney for 
Legal Services of Greater Miami, where he worked until 1970, 
when he went into private practice. From 1972-1973 he worked as 
a Staff Attorney for the Dade County School Board.
    In 1973, Wilkie Ferguson became a Judge on the Court of 
Industrial Claims, where he served until 1976 when he became a 
Judge on the Circuit Court for the 11th Judicial Circuit of 
Florida. He served on the Circuit Court bench from 1976 until 
1980. From 1980 to 1993, he served on the Third District Court 
of Appeals for Florida. In 1993, President Clinton appointed 
Judge Ferguson to the United States District Court for the 
Southern District of Florida. Judge Ferguson died in 2003 of 
leukemia.

                       SUMMARY OF THE LEGISLATION

Section 1. Designation

    This section designates the United States courthouse 
located at 400 North Miami Avenue in Miami, Florida, as the 
``Wilkie D. Ferguson, Jr. United States Courthouse''.

Section 2. References

    This section clarifies that any reference in a law, map, 
regulation, document, paper, or other record of the United 
States to the courthouse located at 400 North Miami Avenue in 
Miami, Florida, shall be deemed to be a reference to the 
``Wilkie D. Ferguson, Jr. United States Courthouse''.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    Mr. Meek of Florida introduced H.R. 2538 on June 19, 2003. 
On February 25, 2004, the Full Committee discharged the 
Subcommittee on Economic Development, Public Buildings and 
Emergency Management from further consideration. The Full 
Committee then considered H.R. 2538. A motion by Mr. 
LaTourette, to order H.R. 2538 favorably reported to the House 
was agreed to by the Full Committee unanimously, by voice vote, 
with a quorum present. There were no recorded votes taken 
during Committee consideration of H.R. 2538.

                             ROLLCALL 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 rollcall 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 rollcall votes taken in connection with ordering H.R. 
2538 favorably reported to the House.

                      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 below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the bill contains no measure that 
authorizes funding, so no statement of general performance 
goals and objectives is required.
    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 following cost estimate for H.R. 
2538 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 26, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed the following legislation as ordered reported by the 
House Committee on Transportation and Infrastructure on 
February 25, 2004:
           H.R. 2523, a bill to designate the United 
        States courthouse located at 125 Bull Street in 
        Savannah, Georgia, as the ``Tomochichi United States 
        Courthouse'';
           H.R. 2538, a bill to designate the United 
        States Courthouse located at 400 North Miami Avenue in 
        Miami, Florida, as the ``Wilkie D. Ferguson, Jr. United 
        States Courthouse'';
           H.R. 3147, a bill to designate the federal 
        building located at 324 Twenty-Fifth Street in Ogden, 
        Utah, as the ``James V. Hansen Federal Building''; and
           H.R. 3713, a bill to designate the federal 
        building located at 250 West Cherry Street in 
        Carbondale, Illinois, the ``Senator Paul Simon Federal 
        Building.''
    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,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).

                   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. 2538 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. 2538 makes no changes in existing law.