[House Report 113-234]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-234
======================================================================
EDWARD J. DEVITT UNITED STATES COURTHOUSE AND FEDERAL BUILDING
_______
September 27, 2013.--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. 2251]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2251) to designate the United
States courthouse located at 118 South Mill Street, in Fergus
Falls, Minnesota, as the ``Edward J. Devitt United States
Courthouse'', having considered the same, reports favorably
thereon with amendment and recommend that the bill as amended
do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law made by the Bill, as Reported............ 5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION.
The United States courthouse and Federal building located at 118
South Mill Street, in Fergus Falls, Minnesota, shall be known and
designated as the ``Edward J. Devitt United States Courthouse and
Federal Building''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the United States courthouse and Federal
building referred to in section 1 shall be deemed to be a reference to
the ``Edward J. Devitt United States Courthouse and Federal Building''.
The amendments are as follows: [Make sure to insert
amendment instruction after merging in legis-body text.]
Amend the title to read:
A bill to designate the United States courthouse and
Federal building located at 118 South Mill Street, in Fergus
Falls, Minnesota, as the ``Edward J. Devitt United States
Courthouse and Federal Building''.
PURPOSE OF LEGISLATION
H.R. 2251, as amended, would designate the United States
courthouse located at 118 South Mill Street, in Fergus Falls,
Minnesota, as the ``Edward J. Devitt United States Courthouse
and Federal Building''.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2251, as amended, would designate the United States
courthouse located at 118 South Mill Street, in Fergus Falls,
Minnesota, as the ``Edward J. Devitt United States Courthouse
and Federal Building''.
Judge Devitt was born in 1911 in St. Paul, Minnesota. He
received a B.S. and a law degree from the University of North
Dakota. Early in his career he was in the private practice of
law in East Grant Forks, Minnesota and served as Judge on the
Minnesota Municipal Court. Judge Devitt also served as an
Assistant Attorney General for Minnesota (1939-1942) and during
World War II was a lieutenant commander in the U.S. Naval
Reserve (1942-1946). Judge Devitt later became a U.S.
Representative from Minnesota and a probate judge in Ramsey
County, Minnesota. In 1954, Judge Devitt was appointed by
President Eisenhower to the U.S. District Court for the
District of Minnesota. He served as the chief judge from 1959
to 1981 and assumed senior status in 1981 until his death in
1992.
During Committee consideration of H.R. 2251, the bill was
amended to add ``Federal Building'' to the designation to
clarify the building is not exclusively utilized as a Federal
Courthouse.
HEARINGS
No hearings were held on H.R. 2251.
LEGISLATIVE HISTORY AND CONSIDERATION
On June 4, 2013, Representative Collin C. Peterson (D-MN)
introduced H.R. 2251, a bill to designate the United States
courthouse located at 118 South Mill Street, in Fergus Falls,
Minnesota, as the ``Edward J. Devitt United States
Courthouse''.
On July 18, 2013, the Committee on Transportation and
Infrastructure met in open session. The Committee considered
and adopted by voice vote an amendment in the nature of a
substitute offered by Representative Barletta and ordered the
bill, as amended, reported favorably to the House by voice vote
with a quorum present.
COMMITTEE 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 record votes taken in connection
with consideration of H.R. 2251 or ordering the measure
reported. An amendment in the nature of a substitute and a
motion to order H.R. 2251, as amended, reported favorably to
the House were 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.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
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.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
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. 2251, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2013.
Hon. Bill Shuster,
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
18, 2013:
H.R. 185, a bill to designate the United
States courthouse located at 101 East Pecan Street in
Sherman, Texas, as the ``Paul Brown United States
Courthouse'';
H.R. 579, a bill to designate the United
States courthouse located at 501 East Court Street in
Jackson, Mississippi, as the ``R. Jess Brown United
States Courthouse''; and
H.R. 2251, a bill to designate the United
States courthouse and federal building located at 118
South Mill Street, in Fergus Falls, Minnesota, as the
``Edward J. Devitt United States Courthouse and Federal
Building.''
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 do 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 contacts are Maggie
Morrissey and Matthew Pickford.
Sincerely,
Douglas W. Elmendorf,
Director.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
designate the United States courthouse located at 118 South
Mill Street, in Fergus Falls, Minnesota, as the ``Edward J.
Devitt United States Courthouse and Federal Building''.
ADVISORY OF EARMARKS
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. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 2251, as amended,
establishes or reauthorizes a program of the Federal government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 2251, as amended,
does not specifically direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
FEDERAL MANDATE 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).
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. 2251, as amended,
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 OF 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).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION, AS AMENDED
Section 1. Designation
Section 1 designates the United States courthouse located
at 118 South Mill Street, in Fergus Falls, Minnesota, as the
``Edward J. Devitt United States Courthouse and Federal
Building''.
Section 2. References
Section 2 deems any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse and Federal building referred to in
section 1 as a reference to the ``Edward J. Devitt United
States Courthouse and Federal Building''.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 2251 makes no changes in existing law.