[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 945 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 112
118th CONGRESS
  1st Session
                                 S. 945

                          [Report No. 118-46]

 To provide for joint reports by relevant Federal agencies to Congress 
       regarding incidents of terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

  Ms. Hassan (for herself and Mr. Lee) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             June 22, 2023

                Reported by Mr. Peters, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for joint reports by relevant Federal agencies to Congress 
       regarding incidents of terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reporting Efficiently to Proper 
Officials in Response to Terrorism Act of 2023'' or the ``REPORT Act''.

SEC. 2. DUTY TO REPORT.

    (a) Requirement.--
            (1) In general.--Whenever an act of terrorism occurs in the 
        United States, the Secretary of Homeland Security, the Attorney 
        General, the Director of the Federal Bureau of Investigation, 
        and, as appropriate, the head of the National Counterterrorism 
        Center shall--
                    (A) submit to the appropriate congressional 
                committees, by not later than 1 year after the 
                completion of the investigation concerning such act by 
                the primary Government agency conducting such 
                investigation, an unclassified report (which may be 
                accompanied by a classified annex) concerning such act; 
                and
                    (B) make the report required under subparagraph (A) 
                available on a publicly accessible website.
            (2) Other reports.--Reports required under this subsection 
        may be combined into a quarterly report submitted to Congress.
            (3) Availability.--Each unclassified report and classified 
        annex described in paragraph (1)(A) shall be made available 
        upon request by any Member of Congress.
    (b) Content of Reports.--A report under this section shall--
            (1) include a statement of the facts of the act of 
        terrorism referred to in subsection (a), as known at the time 
        of the report;
            (2) identify any gaps in homeland or national security that 
        could be addressed to prevent future acts of terrorism; and
            (3) include any recommendations for additional measures 
        that could be taken to improve homeland or national security, 
        including recommendations relating to potential changes in law 
        enforcement practices or changes in law, with particular 
        attention to changes that could help prevent future acts of 
        terrorism.
    (c) Exception.--
            (1) In general.--If the Secretary of Homeland Security, the 
        Attorney General, or the Director of the Federal Bureau of 
        Investigation determines any information described in 
        subsection (b) required to be reported in accordance with 
        subsection (a) could jeopardize an ongoing investigation or 
        prosecution, the Secretary, Attorney General, or Director, as 
        the case may be--
                    (A) may withhold from reporting such information; 
                and
                    (B) shall notify the appropriate congressional 
                committees of such determination.
            (2) Savings provision.--Withholding of information pursuant 
        to a determination under paragraph (1) shall not affect in any 
        manner the responsibility to submit a report required under 
        subsection (a) containing other information described in 
        subsection (b) not subject to such determination.
    (d) Definitions.--In this section:
            (1) Act of terrorism.--The term ``act of terrorism'' has 
        the meaning given the term in section 3077 of title 18, United 
        States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) in the House of Representatives--
                            (i) the Committee on Homeland Security;
                            (ii) the Committee on the Judiciary; and
                            (iii) the Permanent Select Committee on 
                        Intelligence; and
                    (B) in the Senate--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs;
                            (ii) the Committee on the Judiciary; and
                            (iii) the Select Committee on Intelligence.
    (e) Sunset.--This section shall terminate on the date that is 5 
years after the date of the enactment of this Act.
    (f) Savings Clause.--Nothing in this Act shall be construed to 
provide the National Counterterrorism Center with prosecutorial or 
investigatory authority.
                                                       Calendar No. 112

118th CONGRESS

  1st Session

                                 S. 945

                          [Report No. 118-46]

_______________________________________________________________________

                                 A BILL

 To provide for joint reports by relevant Federal agencies to Congress 
       regarding incidents of terrorism, and for other purposes.

_______________________________________________________________________

                             June 22, 2023

                        Reported with amendments