What This Bill Does
This bill requires federal agencies to file joint reports to Congress whenever an act of terrorism happens in the United States. The agencies must describe what happened, identify security gaps that could prevent future attacks, and recommend ways to improve security measures.
Who It Affects
Federal agencies including the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and the head of the National Counterterrorism Center.
Congress members who receive these reports.
The public, since unclassified reports must be posted on a publicly accessible website.
Key Provisions
• Federal agencies must submit an unclassified report (a report available to the public) to Congress within one year after an investigation into a terrorism act is completed, and may include a classified annex (a secret addition) with sensitive details (Sec. 2(a)(1)).
• The report must include a statement of the facts about the terrorism act as known at the time of reporting (Sec. 2(b)(1)).
• The report must identify any gaps in homeland security or national security that could be addressed to prevent future terrorism (Sec. 2(b)(2)).
• The report must include recommendations for additional security measures, including potential changes to law enforcement practices or laws that could help prevent future terrorism (Sec. 2(b)(3)).
• If reporting certain information would jeopardize an ongoing investigation or prosecution, agencies may withhold that information but must notify Congress of this decision (Sec. 2(c)).
• Multiple reports may be combined into a quarterly report submitted to Congress (Sec. 2(2)).
What Changes
Federal agencies now must create and submit terrorism incident reports to Congress. These reports become publicly available on a website. Congress gains access to classified details about terrorism incidents through secure annexes.
Important Definitions
"Act of terrorism" means what is defined in section 3077 of title 18 of the United States Code.
"Appropriate congressional committees" means the House Committees on Homeland Security, the Judiciary, and the Permanent Select Committee on Intelligence, and the Senate Committees on Homeland Security and Governmental Affairs, the Judiciary, and the Select Committee on Intelligence.
Effective Date
Not specified in bill text. The bill terminates five years after enactment (Sec. 2(e)).
II
Calendar No. 112
118TH CONGRESS
1ST SESSION
S. 945
[Report No. 118–46]
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 22, 2023
Ms. HASSAN (for herself and Mr. LEE) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
JUNE 22, 2023
Reported by Mr. PETERS, with amendments
[Insert the part printed in italic]
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-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•S 945 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Reporting Efficiently
2
to Proper Officials in Response to Terrorism Act of 2023’’
3
or the ‘‘REPORT Act’’.
4
SEC. 2. DUTY TO REPORT.
5
(a) REQUIREMENT.—
6
(1) IN
GENERAL.—Whenever an act of ter-
7
rorism occurs in the United States, the Secretary of
8
Homeland Security, the Attorney General, the Direc-
9
tor of the Federal Bureau of Investigation, and, as
10
appropriate, the head of the National Counterter-
11
rorism Center shall—
12
(A) submit to the appropriate congres-
13
sional committees, by not later than 1 year
14
after the completion of the investigation con-
15
cerning such act by the primary Government
16
agency conducting such investigation, an un-
17
classified report (which may be accompanied by
18
a classified annex) concerning such act; and
19
(B) make the report required under sub-
20
paragraph (A) available on a publicly accessible
21
website.
22
(2) OTHER REPORTS.—Reports required under
23
this subsection may be combined into a quarterly re-
24
port submitted to Congress.
25
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•S 945 RS
(3) AVAILABILITY.—Each unclassified report and
1
classified annex described in paragraph (1)(A) shall
2
be made available upon request by any Member of
3
Congress.
4
(b) CONTENT OF REPORTS.—A report under this sec-
5
tion shall—
6
(1) include a statement of the facts of the act
7
of terrorism referred to in subsection (a), as known
8
at the time of the report;
9
(2) identify any gaps in homeland or national
10
security that could be addressed to prevent future
11
acts of terrorism; and
12
(3) include any recommendations for additional
13
measures that could be taken to improve homeland
14
or national security, including recommendations re-
15
lating to potential changes in law enforcement prac-
16
tices or changes in law, with particular attention to
17
changes that could help prevent future acts of ter-
18
rorism.
19
(c) EXCEPTION.—
20
(1) IN GENERAL.—If the Secretary of Home-
21
land Security, the Attorney General, or the Director
22
of the Federal Bureau of Investigation determines
23
any information described in subsection (b) required
24
to be reported in accordance with subsection (a)
25
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•S 945 RS
could jeopardize an ongoing investigation or prosecu-
1
tion, the Secretary, Attorney General, or Director,
2
as the case may be—
3
(A) may withhold from reporting such in-
4
formation; and
5
(B) shall notify the appropriate congres-
6
sional committees of such determination.
7
(2) SAVINGS PROVISION.—Withholding of infor-
8
mation pursuant to a determination under para-
9
graph (1) shall not affect in any manner the respon-
10
sibility to submit a report required under subsection
11
(a) containing other information described in sub-
12
section (b) not subject to such determination.
13
(d) DEFINITIONS.—In this section:
14
(1) ACT OF TERRORISM.—The term ‘‘act of ter-
15
rorism’’ has the meaning given the term in section
16
3077 of title 18, United States Code.
17
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
18
TEES.—The term ‘‘appropriate congressional com-
19
mittees’’ means—
20
(A) in the House of Representatives—
21
(i) the Committee on Homeland Secu-
22
rity;
23
(ii) the Committee on the Judiciary;
24
and
25
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•S 945 RS
(iii) the Permanent Select Committee
1
on Intelligence; and
2
(B) in the Senate—
3
(i) the Committee on Homeland Secu-
4
rity and Governmental Affairs;
5
(ii) the Committee on the Judiciary;
6
and
7
(iii) the Select Committee on Intel-
8
ligence.
9
(e) SUNSET.—This section shall terminate on the
10
date that is 5 years after the date of the enactment of
11
this Act.
12
(f) SAVINGS CLAUSE.—Nothing in this Act shall be
13
construed to provide the National Counterterrorism Center
14
with prosecutorial or investigatory authority.
15
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB
Calendar No. 112
118TH CONGRESS
1ST SESSION
S. 945
[Report No. 118–46]
A BILL
To provide for joint reports by relevant Federal
agencies to Congress regarding incidents of ter-
rorism, and for other purposes.
JUNE 22, 2023
Reported with amendments
VerDate Sep 11 2014
00:12 Jun 23, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\S945.RS
S945
pbinns on DSKJLVW7X2PROD with $$_JOB