[House Report 105-619]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-619
_______________________________________________________________________


 
              JOSEPH P. KINNEARY UNITED STATES COURTHOUSE

                                _______
                                

    July 14, 1998.--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 S. 1800]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (S. 1800) to designate the Federal 
building and United States courthouse located at 85 Marconi 
Boulevard in Columbus, Ohio, as the ``Joseph P. Kinneary United 
States Courthouse'', having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                               BACKGROUND

    Joseph P. Kinneary was born in Cincinnati, Ohio on 
September 19, 1905. He attended parochial schools and graduated 
from the University of Notre Dame in 1928. He then pursued a 
career in law and received his law degree from the University 
of Cincinnati, College of Law in 1935, where he later earned 
his Doctor of Laws, honoris causa, in 1991. Upon passing the 
bar, Judge Kinneary began in private practice, practicing in 
both Columbus and Cincinnati. In 1937, he began his career in 
public office, serving as Assistant Attorney General of Ohio.
    However, with the onset of World War II, Judge Kinneary 
answered the call of military duty by serving in the United 
States Army from 1942 until he was honorably discharged at the 
rank of Captain in 1945.
    Upon his return from his military duty, Judge Kinneary 
returned to private practice in Ohio. However, he returned to 
public office in 1949, becoming the First Assistant Attorney 
General of Ohio. In 1961, President Kennedy then appointed 
Judge Kinneary United States Attorney for the Southern District 
of Ohio. He was re-appointed to this post by President Johnson 
in 1965, and served in this capacity until 1966. In 1966 
President Johnson appointed Judge Kinneary to the bench of the 
United States District for the Southern District of Ohio. He 
served as Chief Judge from January 1973 until September 1975. 
At the age of 92, Judge Kinneary continues to preside on the 
federal bench and continues to draw an active docket.
    This designation is a fitting tribute to a dedicated and 
distinguished jurist.

                                HEARINGS

    The Committee did not hold hearings on S. 1800.

                        COMMITTEE CONSIDERATION

    On June 25, 1998, the Committee met in open session and 
ordered reported S. 1800, to designate the United States 
courthouse located at 85 Marconi Boulevard, in Columbus, Ohio, 
as the ``Joseph P. Kinneary United States Courthouse,'' 
unanimously by voice vote, a quorum being present.

                             ROLLCALL VOTES

    Clause 2(l)(2)(B) of rule XI 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 recorded votes 
taken in connection with ordering S. 1800 reported. A motion by 
Mr. Kim to order S. 1800 reported to the House, without 
amendment, was agreed to by voice vote, a quorum being present.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, oversight findings and 
recommendations have been made by the Committee as reflected in 
this report.

                        COST OF THE LEGISLATION

    Clause 7 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 XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI 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 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of S. 1800.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 S. 1800 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 25, 1998.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed the following bills, which were ordered reported by 
the House Committee on Transportation and Infrastructure on 
June 25, 1998. CBO estimates that their enactment would have no 
significant impact on the federal budget and would not affect 
direct spending or receipts; 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. The bills reviewed are:
          H.R. 2379, a bill to designate the federal building 
        and United States courthouse located at 251 North Main 
        Street in Winston-Salem, North Carolina, as the ``Hiram 
        H. Ward Federal Building and United States 
        Courthouse;''
          H.R. 2787, a bill to designate the United States 
        courthouse located at 141 Church Street in New Haven, 
        Connecticut, as the ``Richard C. Lee United States 
        Courthouse;''
          H.R. 3223, a bill to designate the federal building 
        located at 300 East 8th Street in Austin, Texas, as the 
        ``J.J. `Jake' Pickle Federal Building;''
          H.R. 3696, a bill to designate the federal courthouse 
        located at 316 North 26th Street in Billings, Montana, 
        as the ``James F. Battin United States Courthouse;''
          H.R. 3982, a bill to designate the federal building 
        located at 310 New Bern Avenue in Raleigh, North 
        Carolina, as the ``Terry Sanford Federal Building;'' 
        and
          S. 1800, an act to designate the federal building and 
        United States courthouse located at 85 Marconi 
        Boulevard in Columbus, Ohio, as the ``Joseph P. 
        Kinneary United States Courthouse.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter. This estimate was approved by Robert A. Sunshine, 
Deputy Assistant Director for Budget Analysis.
            Sincerely,
                                         June E. O'Neill, Director.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (2)(l)(4) of rule XI 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.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were 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.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    S. 1800 makes no changes in existing law.