S945-118

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 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 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 make the report required under subparagraph (A) available on a publicly accessible website. Reports required under this subsection may be combined into a quarterly report submitted to Congress. Each unclassified report and classified annex described in paragraph (1)(A) shall be made available upon request by any Member of Congress. A report under this section shall— include a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and 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. 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— may withhold from reporting such information; and shall notify the appropriate congressional committees of such determination. 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. In this section: The term act of terrorism has the meaning given the term in section 3077 of title 18, United States Code. The term appropriate congressional committees means— in the House of Representatives— the Committee on Homeland Security; the Committee on the Judiciary; and the Permanent Select Committee on Intelligence; and in the Senate— the Committee on Homeland Security and Governmental Affairs; the Committee on the Judiciary; and the Select Committee on Intelligence. This section shall terminate on the date that is 5 years after the date of the enactment of this Act. Nothing in this Act shall be construed to provide the National Counterterrorism Center with prosecutorial or investigatory authority.