[House Report 110-21]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-21
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CONRAD B. DUBERSTEIN UNITED STATES BANKRUPTCY COURTHOUSE
_______
February 16, 2007.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 430]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 430) to designate the United States
bankruptcy courthouse located at 271 Cadman Plaza East,
Brooklyn, New York, as the ``Conrad Duberstein United States
Bankruptcy Courthouse'', having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION.
The United States bankruptcy courthouse located at 271 Cadman Plaza
East in Brooklyn, New York, shall be known and designated as the
``Conrad B. Duberstein United States Bankruptcy Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the United States bankruptcy courthouse
referred to in section 1 shall be deemed to be a reference to the
``Conrad B. Duberstein United States Bankruptcy Courthouse''.
Amend the title so as to read:
A bill to designate the United States bankruptcy courthouse
located at 271 Cadman Plaza East in Brooklyn, New York, as the ``Conrad
B. Duberstein United States Bankruptcy Courthouse''.
PURPOSE OF THE LEGISLATION
H.R. 430, as amended, designates the United States
Bankruptcy Courthouse located at 271 Cadman Plaza East in
Brooklyn, New York, as the Conrad B. Duberstein United States
Bankruptcy Courthouse.
BACKGROUND AND NEED FOR LEGISLATION
Conrad B. Duberstein was born in the Bronx on October 22,
1915. He earned his undergraduate degree from Brooklyn College
in 1938 and his law degree from St. John's University Law
School in 1942. From 1943 to 1945, Duberstein served in the
United States Army, where he was awarded the Purple Heart, the
Bronze Star, and the Combat Infantry Badge.
When he left the Army following the end of World War II,
and returned to the United States, Judge Duberstein practiced
law in Brooklyn at Schwartz, Rudin & Duberstein. In 1971, he
joined the firm of Otterbourg, Steindler, Houston & Rosen as a
partner, where he remained until his retirement in 1981. That
same year, Judge Duberstein joined the Eastern District
Bankruptcy Court and was appointed Chief Judge in 1984, a
position he held until his death. Judge Duberstein was awarded
an honorary doctorate of laws from St. John's University Law
School in 1991 and served as a former Judge Advocate General of
the Military Order of the Purple Heart for the State of New
York.
The American Bankruptcy Institute and St. John's University
Law School host an annual national moot court bankruptcy
competition named in his honor. Inspired by Duberstein, the St.
John's Law School offers the only L.L.M. in Bankruptcy in the
country and has established the only competition in the Nation
to be devoted specifically to bankruptcy law, known as the
Judge Conrad B. Duberstein National Bankruptcy Moot Court
Competition. In 1992, the Brooklyn Bar Association presented
him with its Annual Award for Outstanding Achievement in the
Science of Jurisprudence and Public Service. Judge Duberstein
died at his home on November 18, 2005, at the age of 90.
In honor of Judge Duberstein's outstanding contributions to
the field of bankruptcy law and his exemplary professional
career, it is both fitting and proper to designate the
courthouse located on 271 Cadman Plaza East in Brooklyn, New
York, as the ``Conrad B. Duberstein United States Bankruptcy
Courthouse''.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the courthouse located at 271 Cadman
Plaza East in Brooklyn, New York, as the Conrad B. Duberstein
United States Bankruptcy Courthouse.
Section 2. References
Section 2 declares any reference in law, map, regulation,
document, paper, or other record of the United States to the
United States Courthouse referred to in subsection (a)shall be
deem to be a reference to the Conrad B. Duberstein United States
Bankruptcy Courthouse.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 109th Congress, H.R. 5215, a bill to designate the
United States Bankruptcy Courthouse located at 271 Cadman Plaza
East in Brooklyn, New York, as the Conrad B. Duberstein United
States Bankruptcy Courthouse was introduced. The bill was
referred to the Committee on Transportation and Infrastructure.
No further action was taken.
On January 11, 2007, Representative Towns introduced H.R.
430 and it was referred to the Committee on Transportation and
Infrastructure.
On February 6, 2007, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management met in
open session and considered H.R. 430. The Subcommittee
recommended the bill favorably to the Committee on
Transportation and Infrastructure by voice vote.
On February 7, 2007, the Committee on Transportation and
Infrastructure met in open session and adopted an amendment in
the nature of a substitute by voice vote. The amendment added
the middle initial of ``B.'' to Judge Duberstein's name in the
bill. The Committee on Transportation and Infrastructure
ordered the bill, as amended, reported to the House by voice
vote.
RECORD 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 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 ordering H.R.
430 reported. A motion to order H.R. 430, 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)(I) 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 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 objective of this legislation are to
designate the United States Bankruptcy Courthouse located at
271 Cadman Plaza East in Brooklyn, New York, as the Conrad B.
Duberstein United States Bankruptcy Courthouse.
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. 430
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 8, 2007.
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 bills as ordered reported by the House
Committee on Transportation and Infrastructure on February 7,
2007: H.R. 584, a bill to designate the Federal building
located at 400 Maryland Avenue Southwest in the District of
Columbia, as the ``Lyndon Baines Johnson Department of
Education Building''; H.R. 544, a bill to designate the United
States courthouse at South Federal Place in Santa Fe, New
Mexico, as the ``Santiago E. Campos United States Courthouse'';
H.R. 478, a bill to designate the Federal building and United
States courthouse located at 101 Barr Street in Lexington,
Kentucky, as the ``Scott Reed Federal Building and United
States Courthouse''; H.R. 430, a bill to designate the United
States bankruptcy courthouse located at 271 Cadman Plaza East,
Brooklyn, New York, as the ``Conrad B. Duberstein United States
Bankruptcy Courthouse''; H.R. 429, a bill to designate the
United States courthouse located at 225 Cadman Plaza East,
Brooklyn, New York, as the ``Hugh L. Carey United States
Courthouse''; H.R. 399, a bill to designate the United States
courthouse to be constructed in Jackson, Mississippi, as the
``R. Jess Brown United States Courthouse''; and H.R. 342, a
bill to designate the United States courthouse located at 555
Independence Street in Cape Girardeau, Missouri, as the ``Rush
Hudson Limbaugh, Sr., United State Courthouse.''
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,
Peter R. Orszag,
Director.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 430 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules
of the House of Representatives.
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
billor joint resolution is intended to preempt state, local, or
tribal law. The Committee states that H.R. 430 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. 430 makes no changes in existing law.