89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–590 

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 


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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. 


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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 afVerDate Mar 15 2010 04:35 Sep 15, 2010 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR590.XXX HR590

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fect 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). 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 5651 makes no changes in existing law. 

Æ 


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