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On June 30, Congresswoman Veronica Escobar (TX-16) and Congressman Seth Moulton (MA-6) introduced the End Domestic Terrorism Act, which would allow U.S. law enforcement to prosecute certain mass shootings as acts of terrorism. It would also enable law enforcement, in the wake of an attack, to uncover the broader network that supported it.

Mass shootings are acts of terrorism. There is no question about that in the hearts and minds of survivors, nor in the way we talk about and mourn these nation-rattling attacks. Yet the gunmen who have taken hundreds of lives—in Uvalde, Highland Park, Dayton, Colorado Springs, Las Vegas, and so many more—and wreaked havoc on our communities have faced no federal terrorism charges because such charges do not exist.

“El Paso was forever changed by the actions of a domestic terrorist fueled by white supremacy theories,” said Congresswoman Escobar. “With this legislation, we’re giving law enforcement the tools they need to follow through with investigations into terrorist networks and any individual responsible for attacks against our communities. Proactive policies like these are crucial to saving lives and preventing future shootings.”

“Gunmen who shoot up schools, churches, and concerts are nothing short of terrorists. The media, the public, even the President call them that. But from a legal standpoint, we don’t currently prosecute mass shootings as the terrorist attacks that they are,” said Congressman Moulton. “My bill would not only allow mass shooters to be legally treated as terrorists, but it would also expand our ability to prosecute the networks of online enablers and criminals aiding these attacks.”

“On July 4, 2022, a man opened fire on a Fourth of July parade in Highland Park, Illinois, killing seven people, injuring forty-eight, and traumatizing thousands. My six-year-old son and I ran for our lives that day. As I followed the criminal proceedings, I was shocked to learn that our shooter would not be charged with terrorism,” said survivor and advocate Ashbey Beasley. “It’s disheartening that mass shooters like ours are rarely charged with terrorism, as was the case with the shootings at Parkland, Tree of Life Synagogue, and Emanuel AME Church. My hope is that the End Domestic Terrorism Act will ensure that every mass shooter who intimidates our civilian population through these horrific acts of violence will be held accountable to the fullest extent of the law.”

The bill stipulates that a mass shooting can be considered an act of terrorism only if it results in at least three fatalities, the shooter uses a qualified semi-automatic or fully automatic rifle, and the shooting happens in one of the public, populated spaces commonly targeted by mass shooters. 

These additional guardrails work to ensure that the statute will not be misused to target traditionally overpoliced communities or apply unfairly to those who commit interpersonal crimes that, while horrific, don’t have terrorist intent or impact.

The End Domestic Terrorism Act also:

• Requires the Department of Justice to report arrest and prosecution data, which will allow Congress to exercise its oversight responsibilities and ensure the law is being implemented in the intended manner.

• Adds the new domestic terrorism statute to the existing federal “material support” statute, which allows law enforcement to conduct a thorough investigation and prosecution of an entire terrorist network following an attack. The fact that domestic terrorists are currently excluded from this statute effectively handicaps law enforcement and gives those who provided material support to the mass shooter the time to cover their tracks or assist in the planning of another shooting.

• Requires the Department of Justice to publish a report after each attack on the number of witnesses and the amount of monetary damage caused, including through lost business revenue, medical bills, survivor assistance programs, and more.
• Acts of domestic terror have devastated dozens of communities across our country, taken the lives of far too many friends and neighbors, and injured our entire national consciousness. This bill would help bring justice to the offenders and protect all Americans from more senseless violence.

This bill was previously introduced under a different name during the 118th Congress.