[DOCID: f:hr327.110]
From the House Reports Online via GPO Access
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-327
======================================================================
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:
<bullet> 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
<bullet> 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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