[House Report 112-326]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-326
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BRIAN A. TERRY MEMORIAL ACT
_______
December 12, 2011.--Referred to the House Calendar and ordered to be
printed
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Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2668]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2668) to designate the station of
the United States Border Patrol located at 2136 South Naco
Highway in Bisbee, Arizona, as the ``Brian A. Terry Border
Patrol Station'', having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Summary of Legislation........................................... 2
Legislative History and Consideration............................ 2
Hearings......................................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Performance Goals and Objectives................................. 3
Congressional Budget Office Cost Estimate........................ 3
Advisory of Earmarks............................................. 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 4
Applicability of Legislative Branch.............................. 4
Changes in Existing Law made by the Bill, as Reported............ 4
PURPOSE OF LEGISLATION
H.R. 2668 would designate the station of the United States
Border Patrol located at 2136 South Naco Highway in Bisbee,
Arizona, as the ``Brian A. Terry Border Patrol Station''.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2668 is intended to recognize the sacrifice of Border
Patrol Agent Brian A. Terry by designating the station of the
United States Border Patrol located at 2136 South Naco Highway
in Bisbee, Arizona, as the ``Brian A. Terry Border Patrol
Station.''
A native of Flat Rock, Michigan, Agent Brian A. Terry
served in the United States Marine Corps and continued his
service as a police officer with the cities of Ecorse and
Lincoln Park, Michigan, prior to joining the United States
Border Patrol. Agent Terry was a member of the 699th Session of
the Border Patrol Academy assigned to the Naco Border Patrol
Station within the Tucson Sector.
On December 14, 2010, Border Patrol Agent Brian A. Terry
was conducting a Border Patrol Tactical Unit (BORTAC) operation
in the area of ``Peck Wells.'' At 11:15 p.m., near Rio Rico,
Arizona, and about 15 miles north of Nogales, Arizona, Agent
Terry and his team spotted a group of individuals approaching
their position. Officials later found the suspects to be
exploiting illegal immigrants. Shortly thereafter, an encounter
ensued and gunfire was exchanged that left Agent Terry mortally
wounded by a bullet fired from an AK-47. Agent Terry died on
December 15, 2010.
SUMMARY OF LEGISLATION
Section 1. Short title
Section 1 states that the Act may be cited as the `Brian A.
Terry Memorial Act'.
Section 2. Findings
Section 2 includes findings of Congress.
Section 3. Designation
Section 3 designates the station of the United States
Border Patrol located at 2136 South Naco Highway in Bisbee,
Arizona, as the ``Brian A. Terry Border Patrol Station''.
Section 4. References
Section 4 indicates that any reference in a law, map,
regulation, document, paper, or other record of the United
States to the station referred to in section 1 shall be deemed
to be a reference to the `Brian A. Terry Border Patrol
Station'.
LEGISLATIVE HISTORY AND CONSIDERATION
On July 27, 2011, Representative Darrell Issa introduced
H.R. 2668, a bill to designate the station of the United States
Border Patrol located at 2136 South Naco Highway in Bisbee,
Arizona, as the ``Brian A. Terry Border Patrol Station''.
On October 13, 2011, the Committee on Transportation and
Infrastructure met in open session, and ordered the bill
reported favorably to the House by voice vote with a quorum
present.
HEARINGS
No hearings were held on H.R. 2668.
COMMITTEE 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 record votes taken in connection with consideration of
H.R. 2668, or ordering the bill reported. A motion to order
H.R. 2668 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.
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.
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 station of the United States Border Patrol
located at 2136 South Naco Highway in Bisbee, Arizona, as the
``Brian A. Terry Border Patrol Station''.
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. 2668 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 2668, a bill to designate the station of the
United States Border Patrol located at 2136 South Naco Highway
in Bisbee, Arizona, as the ``Brian A. Terry Border Patrol
Station,'' as ordered reported by the House Committee on
Transportation and Infrastructure on October 13, 2011.
CBO estimates that enacting this 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 bill contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act and would not affect the budgets of state, local, or
tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CB0 staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
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.
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'' (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. 2668 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 (P.L. 104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 2668 makes no changes in existing law.