[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[House]
[Pages H4164-H4165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORTING EFFICIENTLY TO PROPER OFFICIALS IN RESPONSE TO TERRORISM ACT 
                                OF 2021

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1540) to provide for joint reports by relevant Federal agencies 
to Congress regarding incidents of terrorism, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1540

       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 2021'' or 
     the ``REPORT Act''.

     SEC. 2. DUTY TO REPORT.

       (a) 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 submit to the appropriate 
     congressional committees, by not later than one 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.
       (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, the Director of the Federal Bureau of 
     Investigation, or, as appropriate, the head of the National 
     Counterterrorism Center 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, Director, or 
     head, as the case may be--
       (A) may withhold from reporting such information; and
       (B) shall notify the appropriate congressional committees 
     of such determination.
       (2) Saving 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 such 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Pfluger) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent to that all Members 
may have 5 legislative days to revise and extend their remarks and 
include any extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1540, the REPORT Act.
  In December of 2015, a terrorist attack in San Bernardino, 
California, left 14 people dead and 22 wounded. Local law enforcement 
and first responders were heroes that day, saving lives just as they do 
every day across this Nation.
  When terrorists strike our communities, Americans understandably have 
questions, and they look to us, their elected Representatives, for 
answers.
  Our constituents want to know whether there were warnings or 
indications of a potential attack; whether anything could have been 
done to prevent it; and what can be done to thwart future attacks.
  H.R. 1540, the REPORT Act, authored by Congressman Pete Aguilar, 
seeks to ensure that Members of Congress can be more responsive to 
their constituents by requiring better communication by Federal 
agencies with Congress following an attack.
  Specifically, the bill would require the Secretary of Homeland 
Security, in coordination with the Attorney General and the FBI 
Director, to submit to Congress an unclassified report within 1 year of 
completing a terrorism investigation.
  The report, which may include a classified annex, must include a 
statement of facts regarding the attack; information on any homeland or 
national security gaps that could be addressed to prevent future 
attacks; and any recommendations for measures, including changes in the 
law, that would improve homeland or national security.
  This vital information needs to be shared by the executive branch 
with the legislative branch to strengthen our Nation's terrorism 
response and prevention efforts.
  H.R. 1540 is a commonsense measure, and I urge my colleagues to 
support it. I reserve the balance of my time.
  Mr. PFLUGER. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 1540, the Reporting Efficiently to 
Proper Officials in Response to Terrorism, or the REPORT Act.
  Too many times, when a terrorism incident occurs within the United 
States, consistent and accurate information is not communicated to 
Congress. Many of us, especially from Texas, experienced this firsthand 
recently, when a British national, Malik Faisal Akram, took hostages at 
the Beth Israel Congregation in Colleyville, Texas.
  And not only were the initial facts and circumstances of the incident 
unclear, but many questions remain unanswered regarding Akram's travel 
and admission into the United States.
  This is completely unacceptable. Not only should Congress have all of 
the necessary information regarding terrorist attacks and other 
terrorism incidents, but the American people deserve to know what 
happened and how our government is responding.
  The REPORT Act requires the DHS Secretary, the Attorney General, the 
FBI Director, and the Director of the National Counterterrorism Center, 
to submit an unclassified report to Congress regarding any incident of 
terrorism that occurs in the United States. The report must include the 
following:
  A statement of facts; any gaps in our homeland or national security 
that could be addressed to prevent future acts of terrorism; and 
recommendations for additional measures, or legislative issues, to 
improve homeland or national security and prevent future acts of 
terrorism.
  I commend my colleagues, and specifically my colleague from 
California, for bringing this legislation before the Homeland Security 
Committee and to the floor today.
  I urge Members to join me in supporting H.R. 1540, and I reserve the 
balance of my time.
  Mr. PAYNE. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from California (Mr. Aguilar), the author of this commonsense 
legislation.
  Mr. AGUILAR. Mr. Speaker, I want to thank my colleague from New 
Jersey for yielding some time.

[[Page H4165]]

  I rise in support of my bill, H.R. 1540, the REPORT Act. I first 
introduced the bill, as my colleague mentioned, after the 2015 attack 
in San Bernardino, a community that I have been proud to represent. 
This attack tragically took the lives of 14 people and wounded 22. If 
not for the work of our first responders, more innocent lives would 
have been lost that day.
  The REPORT Act would ensure that lawmakers and law enforcement 
agencies are better prepared to detect, prevent, and respond to future 
incidents of terrorism.
  If enacted, the Secretary of Homeland Security, in coordination with 
the Attorney General and the FBI, would submit this unclassified report 
to Congress whenever an act of domestic terrorism occurs in the United 
States.
  By requiring the executive branch to share their findings with 
Congress, we, as representatives of our local communities, can act on 
the recommendations for changes and practices or law to prevent attacks 
and to protect all communities.
  I appreciate my colleague from Texas talking about other incidents, 
and we know that incidents of mass violence continue to happen across 
our country, including the moment of silence that we had on the floor 
last evening.
  If we can work together to prevent one such incident from taking 
place, Mr. Speaker, if both parties can unite to save one innocent 
life, this legislation will have been a success.
  I appreciate the Homeland Security Committee staff for working to get 
this done, and my colleague from Texas and my colleague from New Jersey 
for leading this effort.
  I ask my colleagues for an ``aye'' vote.
  Mr. PFLUGER. Mr. Speaker, I yield myself the balance of my time.
  I think this bill really strikes at the heart of what the 
Constitution says. We are a coequal branch of government, and the check 
and the balance on the executive branch, the executive agencies, is 
very important. We are elected, and we have a responsibility to go to 
our districts to report back about incidents that are affecting our 
country negatively.
  And it is heartbreaking to hear any sort of terrorist attack, any 
sort of incident that is aimed at undermining our national security. 
That is why this committee was formed in the wake of 9/11. The purpose 
of our committee is to make sure that we have the ability to give the 
tools to those that are carrying out these missions; whether they are 
Customs and Border Protection, whether they are TSA agents, or any 
other agency that is entrusted with protecting the American public.
  We deserve to have that transparency, as we have mentioned in a 
previous bill, and now to be able to report back. So I commend my 
colleague for bringing this up. And it is my sincere hope, similar to 
the other bills that we have discussed, that we can, as a coequal 
branch of government, offer that check and that balance on the 
executive branch, regardless of who is in power, regardless of the 
administration, to provide the necessary tools to continue to protect 
our country and all Americans.
  Mr. Speaker, I have no further speakers. I urge Members to support 
this bill, and I yield back the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself the balance of the time.
  Mr. Speaker, our Nation faces a complex and evolving terrorism threat 
landscape. We all celebrate the heroic first responders who save lives 
when an attack occurs, but the American people also expect Congress to 
respond to attacks and prevent future ones.
  The REPORT Act is a commonsense bill that would ensure Congress has 
the information necessary to do just that.
  The REPORT Act received bipartisan support during the committee 
consideration, and an earlier version of the bill passed the House in 
the 115th Congress by voice vote.
  I urge my colleagues to support H.R. 1540, the REPORT Act, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and pass the bill, H.R. 1540, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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