[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.

                                  
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