[House Report 111-590]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-590
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ANDREW W. BOGUE FEDERAL BUILDING AND UNITED STATES COURTHOUSE
_______
September 14, 2010.--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. 5651]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5651) 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'', having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 5651 designates 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''.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5651 designates 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''. Andrew Bogue was born on May 23, 1919, in
Yankton, South Dakota. After graduating from State College in
Brookings, South Dakota, Mr. Bogue served in the U.S. Army
Signal Corps during World War II. Upon completion of his
service, he attended and graduated from the University of South
Dakota Law School in 1947. He went into private practice for
several years before returning to the U.S. Army for service in
the Judge Advocate General's Corps. After being discharged, he
served on the South Dakota Cement Commission from 1957 until
1966. In 1967, Judge Bogue was elected a State court judge to
the Second Judicial Circuit, where he sat for three years until
his appointment as a Federal judge.
Judge Andrew Bogue was nominated to the Federal bench by
President Richard Nixon in 1970 and served for 15 years as an
active Federal district judge before becoming a senior judge in
1985. Judge Bogue served as Chief Judge from 1980 to 1985. Even
after becoming a senior judge, Judge Bogue continued to hear
cases up until a few months before he passed away on June 10,
2009.
SUMMARY OF THE LEGISLATION
Section 1. Designation
Section 1 designates the Federal building located at 515
9th Street in Rapid City, South Dakota, as the ``Andrew W.
Bogue Federal Building and United States Courthouse''.
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 ``Andrew W. Bogue Federal
Building and United States Courthouse''.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 108th Congress, Senator Thomas A. Daschle introduced
S. 341, 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''. The bill was referred to the
Committee on Environment and Public Works. No further action
was taken on the bill.
In the 111th Congress, Representative Stephanie Herseth
Sandlin introduced H.R. 5651 on June 30, 2010. On July 29,
2010, the Committee on Transportation and Infrastructure met in
open session to consider H.R. 5651. 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. 5651, or ordering the bill reported.
A motion to order H.R. 5651 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 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''.
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. 5651
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, 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.
5651 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. 5651 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. 5651 makes no changes in existing law.