[Congressional Record Volume 166, Number 213 (Wednesday, December 16, 2020)]
[Senate]
[Pages S7561-S7562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORTING EFFICIENTLY TO PROPER OFFICIALS IN RESPONSE TO TERRORISM ACT 
                                OF 2019

  Mr. MORAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 329, S. 2513.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2513) to provide for joint reports by relevant 
     Federal agencies to Congress regarding incidents of 
     terrorism, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment, as follows:
  (The part of the bill intended to be inserted is shown in italics.

                                S. 2513

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

     SECTION 1. SHORT TITLES.

       This Act may be cited as the ``Reporting Efficiently to 
     Proper Officials in Response to Terrorism Act of 2019'' or 
     the ``REPORT Act''.

     SEC. 2. DUTY TO REPORT.

       (a) Duty Imposed.--Except as provided in subsection (c), 
     whenever an act of terrorism occurs in the United States, it 
     shall be the duty of the primary Government agency 
     investigating such act to submit, in collaboration with the 
     Secretary of Homeland Security, the Attorney General, the 
     Director of the Federal Bureau of Investigation, and, as 
     appropriate, the Director of the National Counterterrorism 
     Center, an unclassified report (which may be accompanied by a 
     classified annex) to Congress concerning such act not later 
     than 1 year after the completion of the investigation. 
     Reports required under this subsection may be combined into a 
     quarterly report to Congress.
       (b) Content of Reports.--Each report under this section 
     shall include--
       (1) a statement of the facts of the act of terrorism 
     referred to in subsection (a), as known at the time of the 
     report;
       (2) an explanation of any gaps in national security that 
     could be addressed to prevent future acts of terrorism;
       (3) any recommendations for additional measures that could 
     be taken to improve homeland security, including potential 
     changes in law enforcement practices or changes in law, with 
     particular attention to changes that could help prevent 
     future acts of terrorism; and
       (4) a summary of the report for public distribution.
       (c) Exception.--
       (1) In general.--The duty established under subsection (a) 
     shall not apply in instances in which the Secretary of 
     Homeland Security, the Attorney General, the Director of the 
     Federal Bureau of Investigation, or the head of the National 
     Counterterrorism

[[Page S7562]]

     Center determines that the information required to be 
     reported could jeopardize an ongoing investigation or 
     prosecution.
       (2) Notification requirement.--In each instance described 
     in paragraph (1), the principal making a determination under 
     such paragraph shall notify Congress of such determination 
     not later than 1 year after the completion of the related 
     investigation described in subsection (a).
       (d) Defined Term.--In this section, the term ``act of 
     terrorism'' means an act of domestic terrorism or 
     international terrorism (as such terms are defined in section 
     2331 of title 18, United States Code).
       (e) Sunset.--This section shall cease to be effective 
     beginning on the date that is 5 years after the date of the 
     enactment of this Act.
  Mr. MORAN. I ask unanimous consent that the committee-reported 
amendment be agreed to; that the bill, as amended, be considered read a 
third time and passed; and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The bill (S. 2513), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows

                                S. 2513

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

     SECTION 1. SHORT TITLES.

       This Act may be cited as the ``Reporting Efficiently to 
     Proper Officials in Response to Terrorism Act of 2019'' or 
     the ``REPORT Act''.

     SEC. 2. DUTY TO REPORT.

       (a) Duty Imposed.--Except as provided in subsection (c), 
     whenever an act of terrorism occurs in the United States, it 
     shall be the duty of the primary Government agency 
     investigating such act to submit, in collaboration with the 
     Secretary of Homeland Security, the Attorney General, the 
     Director of the Federal Bureau of Investigation, and, as 
     appropriate, the Director of the National Counterterrorism 
     Center, an unclassified report (which may be accompanied by a 
     classified annex) to Congress concerning such act not later 
     than 1 year after the completion of the investigation. 
     Reports required under this subsection may be combined into a 
     quarterly report to Congress.
       (b) Content of Reports.--Each report under this section 
     shall include--
       (1) a statement of the facts of the act of terrorism 
     referred to in subsection (a), as known at the time of the 
     report;
       (2) an explanation of any gaps in national security that 
     could be addressed to prevent future acts of terrorism;
       (3) any recommendations for additional measures that could 
     be taken to improve homeland security, including potential 
     changes in law enforcement practices or changes in law, with 
     particular attention to changes that could help prevent 
     future acts of terrorism; and
       (4) a summary of the report for public distribution.
       (c) Exception.--
       (1) In general.--The duty established under subsection (a) 
     shall not apply in instances in which the Secretary of 
     Homeland Security, the Attorney General, the Director of the 
     Federal Bureau of Investigation, or the head of the National 
     Counterterrorism Center determines that the information 
     required to be reported could jeopardize an ongoing 
     investigation or prosecution.
       (2) Notification requirement.--In each instance described 
     in paragraph (1), the principal making a determination under 
     such paragraph shall notify Congress of such determination 
     not later than 1 year after the completion of the related 
     investigation described in subsection (a).
       (d) Defined Term.--In this section, the term ``act of 
     terrorism'' means an act of domestic terrorism or 
     international terrorism (as such terms are defined in section 
     2331 of title 18, United States Code).
       (e) Sunset.--This section shall cease to be effective 
     beginning on the date that is 5 years after the date of the 
     enactment of this Act.

                          ____________________