REPORT Act

II Calendar No. 342 117TH CONGRESS 2D SESSION H. R. 1540 IN THE SENATE OF THE UNITED STATES APRIL 6, 2022 Received; read twice and placed on the calendar AN ACT 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reporting Efficiently 4 to Proper Officials in Response to Terrorism Act of 2021’’ 5 or the ‘‘REPORT Act’’. 6 SEC. 2. DUTY TO REPORT. 7 (a) IN GENERAL.—Whenever an act of terrorism oc- 8 curs in the United States, the Secretary of Homeland Se- 9 curity, the Attorney General, the Director of the Federal 10 VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 1540 PCS Bureau of Investigation, and, as appropriate, the head of 1 the National Counterterrorism Center, shall submit to the 2 appropriate congressional committees, by not later than 3 one year after the completion of the investigation con- 4 cerning such act by the primary Government agency con- 5 ducting such investigation, an unclassified report (which 6 may be accompanied by a classified annex) concerning 7 such act. 8 (b) CONTENT OF REPORTS.—A report under this sec- 9 tion shall— 10 (1) include a statement of the facts of the act 11 of terrorism referred to in subsection (a), as known 12 at the time of the report; 13 (2) identify any gaps in homeland or national 14 security that could be addressed to prevent future 15 acts of terrorism; and 16 (3) include any recommendations for additional 17 measures that could be taken to improve homeland 18 or national security, including recommendations re- 19 lating to potential changes in law enforcement prac- 20 tices or changes in law, with particular attention to 21 changes that could help prevent future acts of ter- 22 rorism. 23 (c) EXCEPTION.— 24 VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 1540 PCS (1) IN GENERAL.—If the Secretary of Home- 1 land Security, the Attorney General, the Director of 2 the Federal Bureau of Investigation, or, as appro- 3 priate, the head of the National Counterterrorism 4 Center determines any information described in sub- 5 section (b) required to be reported in accordance 6 with subsection (a) could jeopardize an ongoing in- 7 vestigation or prosecution, the Secretary, Attorney 8 General, Director, or head, as the case may be— 9 (A) may withhold from reporting such in- 10 formation; and 11 (B) shall notify the appropriate congres- 12 sional committees of such determination. 13 (2) SAVING PROVISION.—Withholding of infor- 14 mation pursuant to a determination under para- 15 graph (1) shall not affect in any manner the respon- 16 sibility to submit a report required under subsection 17 (a) containing other information described in sub- 18 section (b) not subject to such determination. 19 (d) DEFINITIONS.—In this section: 20 (1) ACT OF TERRORISM.—The term ‘‘act of ter- 21 rorism’’ has the meaning given such term in section 22 3077 of title 18, United States Code. 23 VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 1540 PCS (2) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) in the House of Representatives— 4 (i) the Committee on Homeland Secu- 5 rity; 6 (ii) the Committee on the Judiciary; 7 and 8 (iii) the Permanent Select Committee 9 on Intelligence; and 10 (B) in the Senate— 11 (i) the Committee on Homeland Secu- 12 rity and Governmental Affairs; 13 (ii) the Committee on the Judiciary; 14 and 15 (iii) the Select Committee on Intel- 16 ligence. 17 Passed the House of Representatives April 5, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 342 117TH CONGRESS 2D SESSION H. R. 1540 AN ACT To provide for joint reports by relevant Federal agencies to Congress regarding incidents of ter- rorism, and for other purposes. APRIL 6, 2022 Received; read twice and placed on the calendar VerDate Sep 11 2014 02:10 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1540.PCS H1540 pbinns on DSKJLVW7X2PROD with BILLS