[House Report 110-327]
[From the U.S. Government Publishing Office]



                                                                       
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-327

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TO DESIGNATE THE STATION OF THE UNITED STATES BORDER PATROL LOCATED AT 
  25762 MADISON AVENUE IN MURRIETA, CALIFORNIA, AS THE ``THEODORE L. 
        NEWTON, JR. AND GEORGE F. AZRAK BORDER PATROL STATION''

                                _______
                                

 September 14, 2007.--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. 2728]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2728) to designate the station of 
the United States Border Patrol located at 25762 Madison Avenue 
in Murrieta, California, as the ``Theodore L. Newton, Jr. and 
George F. Azrak Border Patrol Station'', having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 2728 designates the United States Border Patrol 
station located at 25762 Madison Avenue in Murrieta, 
California, as the ``Theodore L. Newton, Jr. and George F. 
Azrak Border Patrol Station''.

                  BACKGROUND AND NEED FOR LEGISLATION

    On June 17, 1967, United States Border Patrol Inspectors 
Theodore L. Newton, Jr. and George F. Azrak were killed in the 
line of duty while working the late night shift in southern 
California. While working at a checkpoint along the U.S.-Mexico 
border, Inspectors Newton and Azrak intercepted an ambulance 
that was carrying 800 pounds of marijuana. While the two patrol 
inspectors were checking the vehicle, they were overpowered by 
four men. They were kidnapped from their post and taken to a 
nearby cabin where they were brutally murdered by the 
smugglers.
    Inspector Theodore Newton was born on July 30, 1941. He 
served as a Border Patrol Inspector for one year before his 
death in 1967. He is survived by his wife, son, and daughter. 
Inspector George F. Azrak was born on June 30, 1945. He had 
only recently joined the United States Immigration and 
Naturalization Service when he was killed in the line of duty. 
He is survived by his wife and two children.
    Since their deaths, the United States Border Patrol has 
established the Newton-Azrak Award for Heroism. This annual 
award is the highest honor that the Border Patrol can bestow on 
an agent for bravery. Eligibility for the award is based on the 
demonstration of unusual courage in the line of duty or a 
heroic or humane act during times of extreme stress or in an 
emergency. As a result of the deaths of the two inspectors, the 
Border Patrol now requires that a minimum of three to five 
agents, depending on a variety of factors, work each checkpoint 
along with a back-up unit. In addition to the increased 
manpower, the Border Patrol has also increased the amount of 
training and support that all Border Patrol agents now receive. 
The Customs Border and Protection Border Patrol Museum in El 
Paso, Texas, has a permanent memorial display in honor of the 
two Patrol Inspectors killed in the line of duty.
    In honor of the service of Inspectors Newton and Azrak, it 
is appropriate to designate the United States Border Patrol 
Station located at 25762 Madison Avenue in Murrieta, 
California, as the ``Theodore L. Newton, Jr. and George F. 
Azrak Border Patrol Station''. Their valor in performing their 
roles has served as an inspiration for a generation of Border 
Patrol agents that have followed them in service to their 
country.

                       SUMMARY OF THE LEGISLATION

Section 1. Designation

    Section 1 designates the United States Border Patrol 
station located at 25762 Madison Avenue in Murrieta, 
California, as the ``Theodore L. Newton, Jr. and George F. 
Azrak Border Patrol Station''.

Section 2. References

    Section 2 declares that any reference in law, map, 
regulation, document, paper, or other record of the United 
States to the United States Border Patrol Station referred to 
in Section 1 shall be deemed to be a reference to the 
``Theodore L. Newton, Jr. and George F. Azrak Border Patrol 
Station''.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On June 14, 2007, Representative Issa introduced H.R. 2728.
    On August 1, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management met in 
open session to consider H.R. 2728 and favorably recommended 
the bill to the Committee on Transportation and Infrastructure 
by voice vote.
    On August 2, 2007, the Committee on Transportation and 
Infrastructure met in open session and ordered H.R. 2728 
reported favorably to the House by voice vote.

                              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. 
2728 reported. A motion to order H.R. 2728 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 
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 objective of this legislation are to 
designate the United States Border Patrol Station located at 
25762 Madison Avenue in Murrieta, California, as the ``Theodore 
L. Newton, Jr. and George F. Azrak Border Patrol Station''.
    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. 2728 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 2007.
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 bills as ordered reported by the House 
Committee on Transportation and Infrastructure on August 2, 
2007:
           H.R. 2728, a bill to designate the station 
        of the United States Border Patrol located at 25762 
        Madison Avenue in Murrieta, California, as the 
        ``Theodore L. Newton, Jr. and George F. Azrak Border 
        Patrol Station''; and
           H.R. 2671, a bill to designate the United 
        States courthouse located at 301 North Miami Avenue, 
        Miami, Florida, as the ``C. Clyde Atkins United States 
        Courthouse.''
    CBO estimates that enactment of those bills would have no 
significant impact on the federal budget and would not affect 
direct spending or revenues. Those 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 Peter R. Orszag, Director).

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2728, does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   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).

                        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. 2728 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 (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 2728 makes no changes in existing law.

                                  
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