[House Report 112-326]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-326

======================================================================



 
                      BRIAN A. TERRY MEMORIAL ACT

                                _______
                                

 December 12, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  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.

                                  
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