[House Report 107-378]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-378

======================================================================



 
               JAMES R. BROWNING UNITED STATES COURTHOUSE

                                _______
                                

   March 18, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 2804]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2804) to designate the United 
States courthouse located at 95 Seventh Street in San 
Francisco, California, as the ``James R. Browning United States 
Courthouse'', having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                         summary of legislation

    H.R. 2804 designates the United States courthouse located 
at 95 Seventh Street in San Francisco, California as the 
``James R. Browning United States Courthouse.''

                     background on the legislation

    James R. Browning was born in Belt, Montana on October 1, 
1918. He attended the public schools of Belt and continued his 
education at the University of Montana, where he received both 
a bachelor's degree and law degree. While in law school he 
served as Editor-in-Chief of the Law Review and graduated with 
honors in 1941.
    Following his graduation he served at the United States 
Department of Justice Antitrust Division for two years prior to 
enlisting in the U.S. Army in 1943. He served three years with 
Military Intelligence, primarily in the Pacific Theatre. He 
finished his tour as a First Lieutenant, having earned a Bronze 
Star.
    After the war he worked as an attorney with the Justice 
Department, serving in various positions for six years before 
leaving government for a partnership with the law firm of 
Perlman, Lyons & Browning. After five years in private 
practice, James Browning returned to government service as 
Clerk of the United States Supreme Court, a position he held 
until 1961.
    Appointed to the Federal bench in 1961 by President 
Kennedy, Judge Browning served for nearly 40 years. He 
participated in over 1,000 published appellate decisions and 
was the author of many per curiam opinions. From 1976 until 
1988 Judge Browning served as Chief Judge of the Ninth Circuit. 
During his tenure he oversaw the expansion of the Court's 
membership and the implementation of numerous administrative 
and judicial reforms that increased the efficiency of the 
Circuit's operation and eliminated large backlogs of pending 
cases. Many of these reforms were later adopted by other 
Circuit Courts.

                    hearings and legislative history

    No hearings were held in conjunction with ordering reported 
H.R. 2804.

                        committee consideration

    On February 27, 2002, the Full Committee met in open 
session and ordered reported H.R. 2804 to designate the United 
States courthouse located at 95 Seventh Street in San 
Francisco, California, as the ``James R. Browning United States 
Courthouse.'' H.R. 2804 was discharged from the Subcommittee on 
Economic Development, Public Buildings and Emergency Management 
and was passed by the Full Committee unanimously, by voice vote 
with a quorum present. There were no recorded votes taken 
during Committee consideration of H.R. 2804.

                             rollcall 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 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 H.R. 
2804 reported. A motion by Mr. LaTourette to order H.R. 2804 
favorably reported to the House 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 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 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 advises that the bill contains no measure that 
authorizes funding, so no statement of general performance and 
objectives for which any measure authorizes funding is 
required.
    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. 
2804 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 1, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2804, a bill to designate the United States 
courthouse located at 95 Seventh Street in San Francisco, 
California, as the ``James R. Browning United States 
Courthouse,'' as ordered reported by the House Committee on 
Transportation and Infrastructure on February 27, 2002.
    CBO estimates that enactment of this bill 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 bill contains 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,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

                   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.)

                      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. (Public Law 
104-1.)

                                  
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