118 S945 RS: Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 112118th CONGRESS1st SessionS. 945[Report No. 118–46]IN THE SENATE OF THE UNITED STATESMarch 22, 2023Ms. Hassan (for herself and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsJune 22, 2023Reported by Mr. Peters, with amendmentsInsert the part printed in italicA BILLTo provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes.

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.

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.

June 22, 2023Reported with amendments