What This Bill Does
This bill requires four federal agencies to work together and submit joint reports to Congress whenever a terrorism act happens in the United States. The agencies must describe what happened, explain security gaps, and suggest ways to prevent future attacks. The report must be made public on a government website within one year after the main investigating agency finishes its investigation.
Who It Affects
The Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, the head of the National Counterterrorism Center, and Congress receive direct requirements under this bill.
Key Provisions
• Four federal agencies must submit an unclassified report to Congress within one year after an investigation of a terrorism act is completed by the lead government agency (Sec. 2(a))
• Reports must include a statement of facts about what happened, gaps in security that could prevent future attacks, and recommendations for improvements to law enforcement or law changes (Sec. 2(b))
• Unclassified reports must be posted on a publicly available website of the primary government agency investigating the act (Sec. 2(a))
• Agencies may withhold information from the report if it could damage an ongoing investigation or prosecution, but must notify Congress of this decision (Sec. 2(c))
• Even if agencies withhold some information, they must still submit a complete report with all other required information (Sec. 2(c))
What Changes
Federal agencies must now create and share terrorism incident reports with Congress and the public, rather than keeping this information limited. Security gaps and recommendations for prevention must be formally documented and made available.
Important Definitions
"Act of terrorism" is defined by another federal law found in title 18, section 3077 of the United States Code. The bill does not explain this definition further.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1693
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2023
Mr. AGUILAR introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland
Security, and Intelligence (Permanent Select), for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Reporting Efficiently
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to Proper Officials in Response to Terrorism Act of 2023’’
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or the‘‘REPORT Act of 2023’’.
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•HR 1693 IH
SEC. 2. DUTY TO REPORT.
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(a) IN GENERAL.—Whenever an act of terrorism oc-
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curs in the United States, the Secretary of Homeland Se-
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curity, the Attorney General, the Director of the Federal
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Bureau of Investigation, and, as appropriate, the head of
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the National Counterterrorism Center, shall submit to the
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appropriate congressional committees, by not later than
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one year after the completion of the investigation con-
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cerning such act by the primary Government agency con-
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ducting such investigation, an unclassified report (which
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may be accompanied by a classified annex) concerning
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such act. Such unclassified report shall be posted on a
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publicly available website of such primary Government
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agency.
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(b) CONTENT OF REPORTS.—A report under this sec-
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tion shall—
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(1) include a statement of the facts of the act
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of terrorism referred to in subsection (a), as known
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at the time of the report;
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(2) identify any gaps in homeland or national
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security that could be addressed to prevent future
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acts of terrorism; and
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(3) include any recommendations for additional
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measures that could be taken to improve homeland
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or national security, including recommendations re-
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lating to potential changes in law enforcement prac-
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•HR 1693 IH
tices or changes in law, with particular attention to
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changes that could help prevent future acts of ter-
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rorism.
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(c) EXCEPTION.—
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(1) IN GENERAL.—If the Secretary of Home-
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land Security, the Attorney General, the Director of
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the Federal Bureau of Investigation, or, as appro-
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priate, the head of the National Counterterrorism
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Center determines any information described in sub-
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section (b) required to be reported in accordance
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with subsection (a) could jeopardize an ongoing in-
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vestigation or prosecution, the Secretary, Attorney
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General, Director, or head, as the case may be—
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(A) may withhold from reporting such in-
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formation; and
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(B) shall notify the appropriate congres-
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sional committees of such determination.
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(2) SAVING PROVISION.—Withholding of infor-
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mation pursuant to a determination under para-
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graph (1) shall not affect in any manner the respon-
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sibility to submit a report required under subsection
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(a) containing other information described in sub-
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section (b) not subject to such determination.
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(d) DEFINITIONS.—In this section:
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•HR 1693 IH
(1) ACT OF TERRORISM.—The term ‘‘act of ter-
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rorism’’ has the meaning given such term in section
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3077 of title 18, United States Code.
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(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means—
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(A) in the House of Representatives—
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(i) the Committee on Homeland Secu-
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rity;
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(ii) the Committee on the Judiciary;
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and
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(iii) the Permanent Select Committee
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on Intelligence; and
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(B) in the Senate—
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(i) the Committee on Homeland Secu-
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rity and Governmental Affairs;
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(ii) the Committee on the Judiciary;
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and
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(iii) the Select Committee on Intel-
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ligence.
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(e) SUNSET.—This section shall terminate on the
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date that is five years after the date of the enactment of
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this Act.
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Æ
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