[House Report 108-448]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-448
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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.