[House Report 106-21]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
1st Session             HOUSE OF REPRESENTATIVES                 106-21
_______________________________________________________________________


 
                JAMES F. BATTIN UNITED STATES COURTHOUSE

                                _______
                                

 February 23, 1999.--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 H.R. 158]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 158) to designate the Federal 
Courthouse located at 316 North 26th Street in Billings, 
Montana, as the ``James F. Battin Federal 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 out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. DESIGNATION.

  The United States courthouse located at 316 North 26th Street in 
Billings, Montana, shall be known and designated as the ``James F. 
Battin United States Courthouse''.

SEC. 2. REFERENCES.

  Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``James F. Battin 
United States Courthouse''.

  Amend the title so as to read:

    A bill to designate the United States courthouse located at 316 
North 26th Street in Billings, Montana, as the ``James F. Battin United 
States Courthouse''.

    James F. Battin was born in Wichita, Kansas on February 13, 
1925, and later moved to Montana where he attended public 
schools, graduating from high school in 1942. Upon graduation, 
he enlisted in the United States Navy and served for three 
years in the Pacific.
    After service in the military, Congressman Battin returned 
to Montana and earned his B.A. degree from Eastern Montana 
College in Billings, Montana in 1948. He then earned his J.D. 
at the George Washington University Law School in Washington, 
D.C., in 1951. He was admitted to the Washington, D.C. bar in 
1951 and entered private practice.
    In 1953, Judge Battin returned to Billings, Montana to 
practice law. From 1953 until 1955, he held the position of 
deputy Yellowstone County attorney. In 1955, Judge Battin first 
held the secretary-counsel position for the Billings-
Yellowstone City-County Planning Board, and later that same 
year became the assistant city attorney, and then city attorney 
in 1957.
    In 1958, Judge Battin was elected to the Montana State 
House of Representatives. He then pursued national office and 
was elected to represent Montana in the United States House of 
Representatives in the 87th Congress, and returned to office 
for four succeeding terms, from January 3, 1961 until February 
27, 1969. During his tenure in Congress, Judge Battin served on 
the Committee on Committees, the Executive Committee, the 
Judiciary Committee, the Foreign Affairs Committee, and the 
Ways and Means Committee. Additionally, he represented the 
United States at an International Conference on European 
Migration in Geneva, Switzerland, and was appointed by the 
Speaker of the House to the United States Coinage Commission.
    On February 27, 1969 President Nixon appointed Judge Battin 
to the United States district court for the District of 
Montana. Judge Battin became Chief Judge in 1978 and held the 
position until 1990, when he was elected to take senior status. 
From the bench he diligently served the District of Montana, as 
well as serving additional assignments in United States 
District Courts in Washington, Oregon, California, Arizona, 
Hawaii, and Georgia.
    He passed away in autumn of 1996.

                    HEARINGS AND LEGISLATIVE HISTORY

    H.R. 158 was introduced on January 6, 1999. The Committee 
did not hold hearings on the reported legislation.

                        COMMITTEE CONSIDERATION

    On February 11, 1999, the Committee met in open session and 
ordered reported H.R. 158, to designate the Federal building 
located at 316 North 26th Street, Billings, Montana, as the 
``James F. Battin United States Courthouse,'' discharged the 
Subcommittee on Economic Development, Public Buildings, 
Hazardous Materials and Pipeline Transportation, as amended, by 
voice vote with a quorum present. There were no recorded votes 
taken during Committee consideration of H.R. 158.

                              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. 
158 reported. A motion by Mr. Franks to order H.R. 158 
favorably reported to the House, as amended, was agreed to by 
voice vote, a quorum being 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 THE LEGISLATION

    Clause 3(d)(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 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 has received no report of oversight findings and 
recommendations from the Committee on Government Reform on the 
subject of H.R. 158.
    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. 158 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 18, 1999.
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 
February 11, 1999. 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. 92, 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. 158, a bill to designate the United States 
        courthouse located at 316 North 26th Street in 
        Billings, Montana, as the ``James F. Battin United 
        States Courthouse'';
          H.R. 233, a bill to designate the federal building 
        located at 700 East San Antonio Street in El Paso, 
        Texas, as the ``Richard C. White Federal Building''; 
        and
          H.R. 396, a bill to designate the federal building 
        located at 1301 Clay Street in Oakland, California, as 
        the ``Ronald V. Dellums Federal Building.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Dan L. Crippen, Director.

                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).

                       federal mandates statement

    The Committee adopts as its own the estimate of the 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).

                   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.

                      advisory committee statement

    No Advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

         changes in existing law made by the bill, as reported

    H.R. 158 makes no changes in existing law.

                                
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