REPORT Act
Bill: H.R.1540 | Sponsor: Rep. Aguilar, Pete (D-CA)
Policy area: Emergency Management

Summary:
Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021 or the REPORT Act
This bill requires specified federal agencies to report to Congress concerning any act of terrorism that occurs in the United States.
Whenever an act of terrorism occurs, the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and, as appropriate, the National Counterterrorism Center (NCC), must submit to the appropriate congressional committees, as specified by this bill, an unclassified report not later than one year after the completion of the investigation by the primary agency conducting the investigation concerning the terrorist act.
Such report shall (1) include a statement of the facts of the act of terrorism that are known at the time of such 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, such as changes in law enforcement practices or changes in law.
If DHS, DOJ, and the FBI or, as appropriate, the NCC, determines any information required to be reported could jeopardize an ongoing investigation or prosecution, such entities (1) may withhold from reporting such information, and (2) shall notify the appropriate congressional committees of that determination.

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 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.

            Passed the House of Representatives April 5, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                       Calendar No. 342

117th CONGRESS

  2d Session

                               H. R. 1540

_______________________________________________________________________