[House Report 111-610]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-610
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WINSTON E. ARNOW FEDERAL BUILDING
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September 20, 2010.--Referred to the House Calendar and ordered to be
printed
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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.