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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-609
======================================================================
VEHICULAR TERRORISM PREVENTION ACT OF 2017
_______
March 19, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 4227]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4227) to require the Secretary of Homeland
Security to examine what actions the Department of Homeland
Security is undertaking to combat the threat of vehicular
terrorism, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicular Terrorism Prevention Act of
2018''.
SEC. 2. STRATEGY ON VEHICULAR TERRORISM.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) assess the activities the Department of Homeland Security
is undertaking to support emergency response providers and the
private sector to prevent, mitigate, and respond to the threat
of vehicular terrorism; and
(2) based on such assessment, develop and submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a strategy to improve the Department's efforts to
support the efforts of emergency response providers and the
private sector to prevent, mitigate, and respond to such
threat.
(b) Contents.--The strategy required under subsection (a) shall
include the following:
(1) An examination of the current threat of vehicular
terrorism.
(2) Methods to improve Department of Homeland Security
information sharing activities with emergency response
providers and the private sector regarding best practices to
prevent, mitigate, and respond to the increasing threat of
vehicular terrorism.
(3) Training activities the Department can provide, including
possible exercises, for emergency response providers to prevent
and respond to the threat of vehicular terrorism.
(4) Any additional activities the Secretary of Homeland
Security recommends to prevent, mitigate, and respond to the
threat of vehicular terrorism.
(c) Definitions.--In this section:
(1) Emergency response providers.--The term ``emergency
response providers'' has the meaning given such term in section
2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)).
(2) Vehicular terrorism.--The term ``vehicular terrorism''
means any action that utilizes automotive transportation to
inflict violence and intimidation on individuals for a
political purpose.
Purpose and Summary
The bill directs the Secretary of Homeland Security to
examine the threat of vehicular terrorism and develop a
strategy to improve Department of Homeland Security (DHS)
support for the efforts of emergency responders and the private
sector to prevent, mitigate and respond to such a threat. The
strategy is required to include information sharing activities
and training activities as well as any additional activities
the Secretary recommends to improve the Department's support
for efforts of emergency response providers and the private
sector to prevent, mitigate and respond to such a threat.
Background and Need for Legislation
Terror groups have urged supporters to carry out attacks
using any means necessary, including vehicle ramming. The
second edition of Inspire magazine, a terrorist propaganda tool
published by now-deceased U.S.-born al Qaeda in the Arabian
Peninsula (AQAP) member Anwar al-Awlaki, included an article
promoting the use of a large pickup trucks to target
pedestrians. Supporters of the Islamic State of Iraq and Syria
(ISIS) have repeatedly promoted the use of unsophisticated
terror attacks, including the use of vehicles. As recently as
February 23, 2018, a pro-ISIS group published a poster
promoting vehicle ramming attacks. The poster displays a truck
and Arabic and English text stating ``Hit Them with a Truck.
Kill Them All.''\1\
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\1\Site Intelligence Group Enterprise. ``Pro-IS Group Calls for
Vehicular Attacks with Trucks in Poster,'' February 23, 2018. Accessed
at: https://ent.siteintelgroup.com/Chatter/pro-is-group-calls-for-
vehicular-attacks-with-trucks-in-poster.html
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Terrorists have heeded this direction and have carried out
several vehicle-based attacks in the past several years. On the
evening of July 14, 2016, a 19-ton cargo truck was deliberately
driven into crowds of people celebrating Bastille Day on the
Promenade des Anglais in Nice, France, resulting in the deaths
of 86 people and the injury of 458 others. On March 22, 2017, a
terrorist drove a car into pedestrians on the pavement along
the south side of Westminster Bridge and Bridge Street,
injuring more than 50 people, five of them fatally. On the
afternoon of August 17, 2017, an individual drove a van into
pedestrians on La Rambla in Barcelona, Spain, killing thirteen
people and injuring at least 130 others.
The radicalized individuals in the United States have also
engaged in vehicle ramming attacks. On November 28, 2016, an
individual inspired by ISIS drove his vehicle into a crowd of
students on the Ohio State University campus, injuring 11
students. Most recently, on October 31, 2017, a person drove a
rented pickup truck into cyclists and runners on the Hudson
River Park's bike path in New York City. The vehicle-ramming
attack killed eight people and injured eleven others. A flag
and a document indicating allegiance to ISIS were found in the
truck. However, this terror tactic has not confined itself to
one ideological group. On August 12, 2017, a self-proclaimed
neo-Nazi drove his car into a crowd of individuals protesting
the alt-right demonstrations held at a ``Unite the Right''
rally in Charlottesville, Virginia. The vehicle ramming attack
killed one persona and injured 35 others.
The majority of prevention, mitigation and response
activities related to vehicle attacks are carried out by first
responders and the private sector. DHS has existing resources
and programs that can be better utilized to prepare front line
personnel in local communities to address this threat. This
includes, guidance related to the use of existing grant
programs, increased information sharing, promoting suspicious
activity reporting, increasing available exercises and training
programs, dedicated research and development targeting
mitigation measures, and utilizing critical infrastructure
protection programs for vehicle ramming prevention.
H.R. 4227, the Vehicular Terrorism Prevention Act would
require the Secretary of Homeland Security to submit to
Congress, a report detailing what actions DHS is undertaking to
combat the threat of vehicular terrorism. The report must
include an examination of the current threat level for
vehicular terrorism; what DHS is currently doing to guard
against vehicular terrorism; how the threat of vehicular
terrorism may be mitigated; the extent to which DHS is doing
any outreach or training with private sector partners in
response to the threat of vehicular terrorism; and, any actions
that Congress can take to help DHS mitigate this threat.
Hearings
On November 30, 2017, the Committee held a hearing entitled
``World Wide Threats: Keeping America Secure in the New Age of
Terror.'' The Committee received testimony from Hon. Elaine C.
Duke, Acting Secretary, Department of Homeland Security; Hon.
Christopher A. Wray, Director, Federal Bureau of Investigation,
U.S. Department of Justice; ,. Nicholas J. Rasmussen, Director,
The National Counterterrorism Center, Office of the Director of
National Intelligence; Mr. David B. Rausch, Chief of Police,
City of Knoxville, Tennessee, testifying on behalf of the
International Association of Chiefs of Police; Rabbi Abraham
Cooper, Associate Dean, Director Global Social Action Agenda,
Simon Wiesenthal Center; and Mr. J. Richard Cohen, President,
Southern Poverty Law Center.
This hearing examined current threats to America including:
Islamist terrorism, domestic terrorism, cyberattacks, aviation
security and border security. The hearing focused on the
federal government to counter these threats, as well as the
steps congress has taken to support their efforts.
Committee Consideration
The Committee met on March 7, 2018, to consider H.R. 4227,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Mr.
Donovan (#1); was AGREED TO by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4227.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4227, the Vehicular Terrorism Prevention Act of 2017, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 4227 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 4227 is for the Department of Homeland
Security to develop a strategy to improve DHS support for
efforts of emergency responders and the private sector to
prevent, mitigate, and respond to the threat of vehicular
terrorism.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4227 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring 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 finds that H.R. 4227 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4227 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to 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.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Vehicular Terrorism Prevention Act of 2018''.
Sec. 2. Strategy on Vehicular Terrorism.
This section directs the Secretary to examine the threat of
vehicular terrorism and develop a strategy to improve DHS
support for the efforts of emergency responders and the private
sector to prevent, mitigate and respond to such a threat. The
strategy is required to include information sharing activities
and training activities as well as any additional activities
the Secretary recommends to improve the Department's support
for efforts of emergency response providers and the private
sector to prevent, mitigate and respond to such a threat.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4227 makes no changes to existing law.
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