[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.