Title: Mass Shooter Prosecution Act of 2022
Policy area: Crime and Law Enforcement

Summary:
Mass Shooter Prosecution Act of 2022
This bill establishes certain crimes involving mass killings (killing three or more people in a single incident using a machinegun or covered semiautomatic weapon in a circumstance outlined by the bill) as terrorism under federal criminal terrorism statutes.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8537 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8537

 To amend title 18, United States Code, to provide increased penalties 
   for mass killings involving machineguns or certain semiautomatic 
                    weapons, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2022

  Mr. Moulton (for himself and Ms. Escobar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide increased penalties 
   for mass killings involving machineguns or certain semiautomatic 
                    weapons, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mass Shooter Prosecution Act of 
2022''.

SEC. 2. MASS KILLINGS USING MACHINEGUNS OR COVERED SEMIAUTOMATIC 
              WEAPONS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by inserting after section 2332i the following:
``Sec. 2332j. Mass killings using machineguns or covered semiautomatic 
              weapons
    ``(a) Whoever kills 3 or more people in a single incident using a 
machinegun or a covered semiautomatic weapon in a circumstance 
described in subsection (b), shall be imprisoned for any term of years 
or for life.
    ``(b) A circumstance described in this subsection is any one of the 
following:
            ``(1) The mail or any facility of interstate or foreign 
        commerce was used in furtherance of the offense.
            ``(2) The machinegun or covered semiautomatic weapon used 
        in the commission of the offense was transported in interstate 
        or foreign commerce.
            ``(3) The perpetrator traveled in or caused another to 
        travel in interstate or foreign commerce in furtherance of the 
        offense.
            ``(4) The offense occurred within the special maritime and 
        territorial jurisdiction of the United States.
            ``(5) The offense otherwise occurred in or affected 
        interstate or foreign commerce.''.
    (b) Definition.--Section 2331 of chapter 113B is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) the term `covered semiautomatic weapon' means--
                    ``(A) semiautomatic rifle that--
                            ``(i) has a magazine that is not a fixed 
                        magazine; and
                            ``(ii) does have any one of--
                                    ``(I) a pistol grip;
                                    ``(II) a forward grip;
                                    ``(III) a folding, telescoping, or 
                                detachable stock, or is otherwise 
                                foldable or adjustable in a manner that 
                                operates to reduce the length, size, or 
                                any other dimension, or otherwise 
                                enhances the concealability, of the 
                                weapon;
                                    ``(IV) a grenade launcher;
                                    ``(V) a barrel shroud; or
                                    ``(VI) a threaded barrel;
                    ``(B) a semiautomatic rifle that has a fixed 
                magazine with the capacity to accept more than 10 
                rounds, except for an attached tubular device designed 
                to accept, and capable of operating only with, .22 
                caliber rimfire ammunition;
                    ``(C) any part, combination of parts, component, 
                device, attachment, or accessory that is designed or 
                functions to accelerate the rate of fire of a 
                semiautomatic firearm but not convert the semiautomatic 
                firearm into a machinegun;
                    ``(D) a semiautomatic shotgun that--
                            ``(i) has the capacity to utilize a 
                        magazine that is not a fixed magazine; and
                            ``(ii) does have any one of--
                                    ``(I) a folding, telescoping, or 
                                detachable stock;
                                    ``(II) a pistol grip or bird's head 
                                grip;
                                    ``(III) a fixed magazine with the 
                                capacity to accept more than 5 rounds;
                                    ``(IV) the ability to accept a 
                                detachable magazine;
                                    ``(V) a forward grip; or
                                    ``(VI) a grenade launcher;
                    ``(E) any AK or AR type of weapon, including a 
                rifle, copy, duplicate, variant, or altered facsimile 
                with the capability of any such weapon; or
                    ``(F) any weapon that is substantially similar to a 
                weapon described in subparagraphs (A) through (E) 
                determined by the Attorney General pursuant to a rule, 
                which shall be made on the record after opportunity for 
                a hearing pursuant to the rulemaking procedures 
                prescribed by subchapter II of chapter 5 of title 5; 
                and
            ``(8) the term `machinegun' has the meaning given such term 
        in section 5845(b) of the Internal Revenue Code of 1986.''.
    (c) Providing Material Support.--Section 2339A(a) of title 18, 
United States Code, is amended by inserting after ``2332f,'' the 
following: ``2332j,''.
    (d) Clerical Amendment.--The table of sections for chapter 113B of 
title 18, United States Code, is amended by inserting after the item 
related to section 2332i the following:

``2332j. Mass killings using machineguns or covered semiautomatic 
                            weapons.''.

SEC. 3. REPORT ON CHARGES FILED FOR USE OF WEAPONS OF MASS DESTRUCTION 
              AND PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    On the date that is one year after the date of enactment of this 
Act, and annually thereafter, the Attorney General shall submit to 
Congress a report on each case in which the Department of Justice has 
filed charges under section 2332j or 2339a of title 18, United States 
Code, during the previous year, which shall include the following:
            (1) For each case in which charges under section 2332j of 
        title 18, United States Code, were filed--
                    (A) the date of the alleged offense;
                    (B) the number of individuals who were injured;
                    (C) the number of fatalities;
                    (D) the age, gender, race, ethnicity, and 
                nationality of each individual charged under such 
                section; and
                    (E) the weapon used in the alleged offense.
            (2) For each case in which charges under section 2339a of 
        title 18, United States Code, were filed--
                    (A) the type of support alleged to have been 
                provided;
                    (B) to whom such support was alleged to have been 
                provided; and
                    (C) the age, gender, race, ethnicity, and 
                nationality of each individual charged under such 
                section.

SEC. 4. INCLUSION OF DEMOGRAPHIC INFORMATION IN REPORTS CONCERNING 
              INTERCEPTED WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.

    Section 2519(2)(c) of title 18, United States Code, is amended by 
inserting after ``order or extension,'' the following: ``, the age, 
gender, race, ethnicity, and nationality of each individual 
arrested,''.
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