H.R. 4257 — End Domestic Terrorism Act

This section establishes a new federal offense under 18 U.S.C. §2332j, punishable by imprisonment for any term of years or life, for killing 3 or more people in a single incident using a machinegun (as defined in 26 U.S.C. §5845(b)), a destructive device (as defined in 18 U.S.C. §921), or a covered semiautomatic weapon, if an interstate or foreign commerce nexus exists (e.g., use of mail or interstate transport of weapon) and the offense occurs at a specified location (e.g., school, place of worship, medical facility, government building, entertainment venue, retail location, or office building). The section defines a covered semiautomatic weapon to include (1) semiautomatic rifles with a non-fixed magazine plus certain features (e.g., pistol grip, forward grip, folding stock); (2) semiautomatic rifles with fixed magazines holding over 10 rounds (except .22 caliber rimfire tubular devices); (3) devices accelerating semiautomatic fire rate without converting to a machinegun; (4) semiautomatic shotguns with non-fixed magazines plus certain features (e.g., pistol grip, fixed magazine over 5 rounds); (5) AK or AR platforms and variants; and (6) substantially similar weapons as determined by the Attorney General via notice-and-comment rulemaking. The section also (1) adds §2332j to the material support prohibition in 18 U.S.C. §2339A and (2) makes a conforming clerical amendment to the chapter table of sections.

This section directs the Attorney General to submit to Congress, one year after enactment and annually thereafter, a report on each case in which the Department of Justice filed charges under 18 U.S.C. § 2332j (use of weapons of mass destruction) or § 2339A (providing material support or resources, knowing or intending they will be used in preparation for or carrying out specified federal offenses, including terrorism-related crimes) during the previous year. For each § 2332j case, the report specifies (1) the date of the alleged offense, (2) the number of individuals injured, (3) the number of fatalities, (4) the age, gender, race, ethnicity, and nationality of each charged individual, and (5) the weapon used. For each § 2339A case, the report specifies (1) the type of support alleged, (2) to whom such support was alleged to have been provided, and (3) the age, gender, race, ethnicity, and nationality of each charged individual.

This section requires reports concerning intercepted wire, oral, or electronic communications to include the age, gender, race, ethnicity, and nationality of each individual arrested pursuant to a wiretap order or extension. (These semi-annual reports by the Attorney General to Congress and the Administrative Office of the U.S. Courts detail the outcomes of court-authorized electronic surveillance under Title III of the Omnibus Crime Control and Safe Streets Act of 1968.)

This section requires the Attorney General to publish on the Department of Justice website, not later than 180 days after the filing of charges under 18 U.S.C. §2332j, a report that includes: (1) the number of individuals present at the offense location; (2) total amounts expended by federal, state, and local governments in response, including for law enforcement, medical reimbursements, mental health services, and affected business support; (3) total lost business revenue resulting from the offense; and (4) total assistance provided through compensation programs such as the Crime Victims Fund.