[Congressional Record Volume 168, Number 109 (Tuesday, June 28, 2022)]
[Extensions of Remarks]
[Page E677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 JOSEPH WOODROW HATCHETT UNITED STATES COURTHOUSE AND FEDERAL BUILDING

                                 ______
                                 

                               speech of

                     HON. ROBERT C. ``BOBBY'' SCOTT

                              of virginia

                    in the house of representatives

                         Friday, June 24, 2022

  Mr. SCOTT of Virginia. Mr. Speaker, I rise today to share my concerns 
regarding the Bipartisan Safer Communities Act. While I support the 
underlying bill and appreciate that several Republican Senators finally 
came to the table to work with Democrats to address our nation's gun 
violence epidemic, I remain troubled by the legislation's possible 
expansion of the federal death penalty and the creation of broad new 
criminal offenses that may disproportionately impact Black and Brown 
communities.
  Specifically, with regard to the expansion of the federal death 
penalty, I have not been given a clear answer as to the impact of the 
legislation's additions to the definition of ``racketeering activity'' 
in 18 U.S.C. Sec. 1961(1), commonly known as ``RICO predicates.'' On 
its face and cross referencing the impacted provisions in Title 18, it 
appears that murder committed in the furtherance of these new RICO 
predicates would trigger the federal death penalty. In states that do 
not have the death penalty, this creates an opportunity for federal 
prosecutors to seek the death penalty in states where it does not 
currently exist. It is possible that but for these changes, a new 
universe of defendants would now be subject to the federal death 
penalty.
  The Senate Judiciary Committee staff circulated a document that 
appears to confirm my reading of this provision. However, the 
Department of Justice sent a dismissive e-mail to staff simply stating 
that ``changes to RICO laws do not constitute an expansion of the 
potential applications of the federal death penalty as a matter of 
law.'' While I hope this is indeed the case, DOJ provided no citation 
to federal law or reference to internal Department memorandum directing 
charging decisions. I hope that the Department provides Congress with 
their legal authority on this matter expeditiously.
  I also consulted several experts in the criminal justice defense 
community who also confirmed that this bill expands federal death 
penalty-eligible offenses. However, there is no consensus as to the 
magnitude of these expansions. While this may in fact not be a 
measurable expansion, I have been troubled by the lack of comprehensive 
legal analysis available for a reasonable understanding of the breadth 
of this legislation.
  While I find this troubling, I will vote in favor of this bill. It 
should not go uncelebrated that this is the first significant 
legislative effort in thirty years that attempts to address the scourge 
of gun violence in our country. I have a long record of supporting 
measures to curb the epidemic of gun violence and it includes 
provisions I have long supported. This bill closes the boyfriend 
loophole for domestic abusers, enhances background checks for those 
aged 18 to 21 when purchasing a gun, and provides incentives to states 
to enact red flag laws that protects individuals in crisis from 
perpetuating further harm on themselves or others. But without adequate 
time for members and the American public to review the unintended 
consequences of the many provisions within the bill, many questions are 
left unanswered where they should not be for such a significant piece 
of legislation.
  Mr. Speaker, despite my strong concerns, I applaud the bipartisan 
effort that went into crafting this legislation. With reservations 
about the bill's potential to expand the federal death penalty, I will 
vote for yes because of the assurance from the Department of Justice 
and the positive strides towards creating safer communities that the 
bill seeks to achieve.

                          ____________________