Issues

Judiciary

The Committee on the Judiciary has jurisdiction over the federal courts, the Administrative Office of United States Courts and the Judicial Conference, all federal criminal law and law enforcement issues, the United States Department of Justice, immigration law and United States Immigration and Customs Enforcement (ICE), constitutional law, administrative law, bankruptcy law, antitrust law, intellectual property law, the United States Patent and Trademark Office, and the United States Copyright Office.  More information about the committee can be found at:  http://judiciary.house.gov/

    Here are some highlights from the two Judiciary subcommittees on which I serve:

    Subcommittee on the Courts, Internet, & Intellectual Property:  
I have the honor and privilege to serve as the Ranking Member on the subcommittee, which has jurisdiction over the federal courts, patent law, trademark law, copyright law, and related matters as they pertain to the Internet.

    Patent Reform:  I am a cosponsor of H.R. 1908, which was approved by the House and is currently pending approval by the Senate.  The bill is intended to address a growing backlog of pending patent applications at the United States Patent and Trademark Office, improve the quality of patents issued by the USPTO, move our patent system closer to international standards which will improve U.S. patent protection throughout the global economy, and establish new damage criteria for infringement cases that will prevent extreme awards.  

    Anti-Counterfeiting:   I am a sponsor of H.R. 4279, the “Prioritizing Resources
And Organization for Intellectual Property Act of 2007,” which was approved by
the subcommittee with my support.  H.R. 4279 enhances criminal penalties for
prohibited counterfeiting activities, creates a new office to oversee Intellectual
Property Rights (IPR) enforcement, and creates a new IPR Czar to coordinate
government efforts to apprehend and prosecute counterfeiters.  

    Copyright Reform:  The subcommittee has focused on illegal downloading on college campuses.  While this has not resulted in legislation, colleges identified for illegal downloading have begun implementing policies prohibiting illegal downloading, including software designed to block this unauthorized activity.  I feel very strongly that students and college administrators should be held to the same standards as all other copyright users.

    Judicial Salaries:  The subcommittee may consider a proposal to increase the salary for federal judges, which I oppose.  Federal judges receive a salary similar to Members of Congress, as part of their pension they receive this salary and health care benefits for the rest of their life, but can only be removed through impeachment.  In case you did not know, I have refused to participate in the congressional pension program.  I have labeled it a taxpayer rip-off, and I do not think you owe me a retirement package just because I decided to go into public service.  I also refused to participate in the legislative retirement plan when I served in the N.C. General Assembly in Raleigh.  Also, I oppose increasing salaries for Members of Congress.

    Subcommittee on Crime, Terrorism, & Homeland Security:
While I had the honor of serving as the subcommittee Chairman in the 109th Congress, many of the initiatives spearheaded during my tenure as Chairman are still being considered by the subcommittee. 
  
    I strongly support H.R. 1593, the Second Chance Act, which was signed into law by President Bush on April 9, 2008.  This law authorizes $400 million from 2008-2012 to fund state and local re-entry programs. 

    The synergy among illegal drug use, gang violence and recidivism is alarming.  Federal, state and local governments continue to increase funding for jails and law enforcement but this has had little impact.  I have said for several years that prison overcrowding is a ticking bomb waiting to explode, and I hope that the Second Chance Act will serve as a policy changing first step in addressing the growing crisis in our prisons. 

    I am deeply concerned by the decision of the U.S. Sentencing Commission to retroactively reduce the sentencing guidelines for crack cocaine offenders.  While the subcommittee may consider legislation to address disparities between crack and powder cocaine offenders, I feel very strongly that the Commission should not have retroactively changed the sentencing guidelines for convicted crack cocaine felons without the consent of Congress.   I, along with many other Members of Congress wrote commission members, prior to the vote, urging them not to take this action.  While the Commission has the authority to amend sentencing guidelines, this authority was delegated by Congress to the Commission with the understanding that the Commission would work with Congress, not to undermine congressional jurisdiction over our criminal laws or sentencing guidelines.