Recent Judiciary Accomplishments

Cosponsored H.Con.Res. 381, honoring the achievements of Thurgood Marshall on the 100th anniversary of his birth.  Justice Marshall was the first African American to serve on the U.S. Supreme Court.  Before sitting on the Court, Marshall successfully argued Brown v. Board of Education of Topeka, KS, the landmark case that ended the legal basis for school segregation in the United States.  

Cosponsored H.R. 6045, the Bulletproof Vest Partnership Grant Act of 2008.  This bill extends a federal grant program that provides bulletproof vests to state and local law enforcement until 2012.  Last year, Virginia law enforcement officers received 3,000 vests under the program.

Voted to support H.R. 3195, the Americans with Disabilities (ADA) Restoration Act of 2007.  This bill expands the definition of “disability” to cover those with serious health issues who did not qualify for protection under the original ADA.  Epilepsy, diabetes, cancer, multiple sclerosis, and severe intellectual impairment are some conditions that have received added protections under H.R. 3195.

Voted to support H.R. 3546, the Edward Byrne Memorial Justice Assistance Program (Byrne-JAG).  This bill provides grants to state and local law enforcement divisions to help in fighting violent crime.  Byrne-JAG grants support drug task forces, crime victim and witness programs, prevention and education, and technology improvement initiatives.  Each state will receive a portion of the $600 million per year grant program.

Voted to oppose H.R. 2176, the settlement of certain land claims of the Bay Mills Indian Community and Sault Ste. Marie Tribe of Chippewa Indians.  This bill would have approved two new casinos in the Detroit metropolitan area, some 350 miles from either tribe’s ancestral land.   It failed to pass the House of Representatives.

Supported H.Res. 1293, to commemorate the 44th Anniversary of the death of civil rights workers Andrew Goodman, James Chaney and Michael Schwerner in Philadelphia, Mississippi.  The three civil rights advocates were murdered while working in the name of American democracy to register voters and secure civil rights during the summer of 1964, which would become known as “Freedom Summer.”

Attended a hearing on S. 980, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, in the Subcommittee on Crime, Terrorism, and Homeland Security This bill would increase penalties for online pharmacies that dispense drugs without valid prescriptions, or that dispense counterfeit drugs.  During the hearing, Congressman Forbes stated, “The dangers posed by illegal online pharmacies are real.  The National Center on Addiction and Substance Abuse reports a 542% increase in abuse of prescription opiates among 12- to 17-year olds between 1992 and 2002.”

Voted to support H.R. 3195, the Americans with Disabilities (ADA) Restoration Act of 2007 in a House Judiciary Committee markup.  This bill expands the definition of “disability” to cover those with serious health issues who did not qualify for protection under the original ADA.  Epilepsy, diabetes, cancer, multiple sclerosis, and severe intellectual impairment are some conditions that have received added protections under H.R. 3195.

Supported H.R. 3546, the Edward Byrne Memorial Justice Assistance Program (Byrne-JAG) in a House Judiciary Committee markup.  This bill provides federal grants to state and local law enforcement divisions to help in fighting violent crime.  These Byrne-JAG grants support drug task forces, crime victim and witness programs, prevention and education, and technology improvement initiatives.  Each state will receive a portion of the $600 million per year grant program.

Advocated for a comprehensive approach to address gang violence during a House Judiciary Crime Subcommittee Oversight Hearing.  Rep. Forbes pushed for an approach to combat gang violence that would emphasize tearing down gang networks, using faith-based organizations to work with former gang members, and targeting gang members who have come to this country illegally. Rep. Forbes said, “We need a combined approach that tears down the gang networks, that understands murder by a 17 year-old is not any less fatal than murder by an 18 year-old.  And an approach that recognizes that when 80 percent of some of the most violent gangs in our country come here illegally, you will not stop this with prevention programs alone.”

Supported S. 2516, the Kendell Frederick Citizenship Act, which uses fingerprinting to search naturalization records for security purposes.  The bill would check an individual’s fingerprints at times of military enlistment or immigration status adjustment to ensure that an individual meets naturalization background security checks.     

Voted to support H.R. 5057, the Debbie Smith Reauthorization Act of 2008 during a House Judiciary Committee markup.  The bill provides federal grant money to states to reduce the DNA backlog in criminal investigations.  $150 million will be spent annually over five years to assist states in collecting and processing DNA samples that will be used to help apprehend criminals.

Supported H.R. 2352, the School Safety Enhancements Act of 2007 during a House Judiciary Committee markup.  This bill will help school safety by providing matching federal funds for public elementary and secondary schools that install surveillance equipment.  It will also allow these funds to be used to establish hotlines for reporting potentially dangerous students. 

Supported H.R. 4044, the National Guard and Reservist Debt Relief Act of 2008 during a House Judiciary Committee markup.  This bill will help National Guardsmen and Reservists avoid Chapter 7 bankruptcy proceedings as a result of their service.  Chapter 7 bankruptcy uses a means test to determine payment to creditors.  Under this bill, Guardsmen and Reservists will receive a limited exemption from the means test if they have been called to active duty after September 11, 2001 for a period of 60 days.

Applauded the Senate confirmation of the nomination of Judge Agee to the Fourth Federal Circuit on May 20, 2008.  The confirmation follows a letter written by Congressman Forbes and other Virginia Republicans to Senator Leahy about the impact of vacancies on the Fourth Circuit Court of Appeals.  Click on the link to view the letter.

Signed a letter asking Senate Judiciary Chairman Leahy to give immediate consideration to the five nominees for the Fourth Federal Circuit Court The 4th Federal Circuit hears federal cases in Virginia, Maryland, West Virginia, North Carolina, and South Carolina.  Only ten of the authorized 15 judges on the Fourth Circuit are doing the work of administering justice in these states while the Senate delays the consideration of the judicial nominees. The nonpartisan Judicial Conference of the United States has deemed three of the five vacancies “judicial emergencies,” and in the case of the Fourth Circuit, the seat based in North Carolina has been vacant for more than 5000 days – the longest unfilled vacancy in the country.   The letter states in part, “As Members of Congress who represent citizens of these states, we believe that urgent action is necessary.” The vacancies hurt average citizens hoping for courts to resolve their disputes, small businesses trying to get by in our uncertain economy, and crime victims seeking justice. 

Questioned Federal Bureau of Investigation Director Robert Mueller during a House Judiciary Oversight Hearing on the FBI.  Mr. Forbes asked Director Mueller how significant a problem Chinese espionage was today, to what extent it poses a threat to the United States and what can be done to stop it.  Director Mueller said, “With regard to the espionage or efforts by the PRC (Peoples Republic of China) to gather our secrets most of what I could say could not be said in open session.  What is public is a series of successful prosecutions recently in which individuals had worked with particular companies or in a recent case in a university.  And there have been a number of cases in which the evidence has shown that they were stealing secrets with the expectation of that information going back to the PRC.  So there is a public track record indicating where it has been proven that the PRC has individuals in the United States who are looking to steal some of the nation’s most sensitive secrets.”  Rep. Forbes is the chairman of the Congressional China Caucus, and has been a vocal advocate of investigating China’s global reach and the consequences of its growing international, economic and political influence on U.S. interests.

Participated in a Secret Session of the House of Representatives on March 13th to discuss and debate classified aspects of the FISA bill.  Secret Sessions of the House are limited to those topics that cannot be debated in public because of the classified nature of the issue being discussed.  There have been three Secret Sessions since 1975, including one in 1979, 1980, and 1983.  

Voted against H.R. 3773, the FISA Amendments of 2008, which would not provide retroactive immunity to phone companies that complied with government requests to assist with electronic surveillance, but would provide such immunity for their future cooperation with the government. Rep. Forbes supports the Senate-passed version of the Foreign Intelligence Surveillance Act Amendments, S. 2248, which provides retroactive immunity to companies that provided cooperation following September 11, 2001.  The Senate version would provide FISA court oversight for any procedures for warrantless surveillance of foreign targets, including those that involve communications with any U.S. persons.  Director of National Intelligence, Mike McConnell, has testified that the outdated surveillance act had decreased the number of phone intercepts by two-thirds since the House failed to extend the last updates to FISA 29 days ago. 

Voted against H.R. 5349, which would extend the Protect America Act of 2007 for 21 Days.  In August, Congress took an important step toward modernizing the Foreign Intelligence Surveillance Act of 1978 by enacting the Protect America Act of 2007 (PAA).  While only in effect for only six months, the PAA has temporarily allowed the United States to close an intelligence gap by enabling our intelligence professionals to collect, without a court order, foreign intelligence on targets located overseas.  Unless reauthorized by Congress, however, the authority provided in the Protect America Act will expire.  The act was originally set to expire on February 1, 2008, but was already extended by Congress until February 16, 2008.  Congressman Forbes believes it is time for a permanent solution to the Protect America Act, not continued temporary extensions.  The Senate passed a bipartisan compromise on Tuesday, February 12, but House leadership would not let the compromise bill come to the House floor.  Instead, the House recessed for one-week, which allowed the Protect America Act to expire on Saturday, February 16.  To read more about Congressman Forbes views on FISA, click here.

 Supported H. Con. Res. 289, which honors and praises the National Association for the Advancement of Colored People (NAACP) on the occasion of its 99th anniversary.

Voted in favor of H.R. 3887, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007. H.R. 3887 would authorize the Trafficking Victims Protection program for fiscal years 2008 through 2011 to combat forced labor. This legislation directs the President to carry out programs to prevent and deter human trafficking and to implement an anti-trafficking program monitoring system. In addition, H.R. 3887 sets forth protections for aliens who may be trafficking victims or who may testify against traffickers (including parole entry for certain family members), provides assistance for trafficking victims, including child victims and U.S. citizens and, establishes penalties for trafficking, unlawful compelled service, sex tourism, and aliens in prostitution. Click here to listen to the Judiciary Committee hearing on trafficking victims.

Supported H.R. 1759, the Managing Arson Through Criminal History (MATCH) Act of 2007. H.R. 1759 would require jurisdictions to establish and maintain jurisdiction-wide arsonist registries and make such registries available on the Internet. This legislation would require a criminal arsonist to register in each jurisdiction in which he/she resides, is an employee, or is a student. Under H.R. 1759, the Attorney General would be required to maintain a national database at the Federal Bureau of Investigation and a national arsonist Internet site containing information on each criminal arsonist registered in a jurisdiction's registry or listed on a jurisdiction's Internet site. A Criminal Arsonist Management Assistance program would be established to award grants to jurisdictions to offset the costs of implementing this Act. This registry will be a key law enforcement tool in fighting arsonists, particularly in light of the recent fires in California.

Supported S. 888, the Genocide Accountability Act of 2007. S. 888 would expand federal criminal jurisdiction for prosecution of those responsible for genocide. S.888 would provide for the prosecution of acts constituting genocide committed by an alleged offender who is: (1) an alien lawfully admitted for permanent residence in the United States; (2) a stateless person whose habitual residence is in the United States; or (3) brought into, or found in, the United States, even if the offense occurred outside the United States. Click here to listen to the Crime Subcommittee hearing on genocide.

Joined Judiciary Committee Ranking Member Lamar Smith in sending a letter to the Federal Trade Commission (FTC) requesting that the FTC’s Bureau of Consumer Protection examine the advertising, marketing and financial practices of companies associated with illegal online gambling in the United States.

Voted in favor of H.R. 3013, the Attorney-Client Privilege Protection Act of 2007. H.R. 3013 would prohibit an agent or attorney of the United States from demanding, requesting, or conditioning treatment on the disclosure by an organization, or person affiliated with that organization, of any communication protected by the attorney-client privilege or any attorney work product. The bill would also prohibit an agent or attorney of the United States from conditioning a civil or criminal charging decision or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government. Congressman Forbes is an original cosponsor of this legislation.

Voted in favor of H.R.1593, the Second Chance Act of 2007. H.R. 1593 would reauthorize a grant program designed to improve the re-entry of felons into communities. The bill focuses on four main areas related to reentry: development and support of programs that provide alternatives to incarceration, expansion of the availability of substance abuse treatment, strengthening the families of ex-offenders, and the expansion of comprehensive re-entry services. Congressman Forbes is an original cosponsor of this legislation.

Voted in favor of H.R. 1955, the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007. H.R. 1955 would establish the National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence to examine and report on the causes of violent radicalization, homegrown terrorism, and ideologically based violence in the U.S. The legislation would also establish a university-based Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States to study the social, criminal, political, psychological, and economic roots of these issues. Furthermore, H.R. 1955 includes languages stating that in carrying out its efforts, the Department of Homeland Security shall not violate rights of U.S. citizens and lawful permanent residents, remain committed to racial neutrality, and implement an auditing mechanism to ensure compliance with protecting civil rights and liberties.

Questioned witnesses before a House Judiciary Subcommittee on Crime, Terrorism and Homeland Security Hearing on Organized Retail Theft. Organized Retail Theft is the theft of large quantities of merchandise by a crime ring. Unlike shoplifting or simple theft, organized retail theft rings steal the merchandise with the intention of reselling it back into the marketplace. Theft rings typically target merchandise that can be easily concealed, such as medication, razor blades, infant formula, batteries, CDs and DVDs or larger valuable items such as designer clothes, home appliances and consumer electronics. The merchandise is then sold on online auction website. To read more about the hearing, click here.

Voted in favor of H.R. 2102, the Free Flow of Information Act of 2007. H.R. 2102 would establish new federal protections for journalists and specific criteria that federal entities must meet in order to compel a journalist to testify or to produce any documents related to information obtained or created by that journalist as part of engaging in journalism. The criteria that a federal entity must meet in order to compel a journalist’s testimony includes proving that the testimony or document sought is critical to the prosecution’s investigation or proving that the testimony is necessary to prevent an act of terrorism against the United States. Under H.R. 2102, if a federal entity is not able to prove that a case involving a journalist meets all of the applicable criteria, then the federal entity may not compel the journalist to provide testimony.

Voted in favor of H.R. 400, the War Profiteering Prevention Act of 2007, which would criminalize profiteering and defrauding the U.S. Government for goods and services provided for U.S. military, relief, or reconstruction missions abroad. The bill would impose a maximum prison sentence of 20 years for intentionally defrauding or overvaluing goods and services. The bill would impose a maximum 10-year penalty for knowingly falsifying, concealing, or covering up documents or statements related to the contract or the provision of those goods and services. Additionally, H.R. 400 would establish a fine of $1 million or twice the value of the profits earned from the contract.

Voted in favor of H.R. 2740, the MEJA Expansion and Enforcement Act of 2007. Under the Military Extraterritorial Jurisdiction Act (MEJA), civilian Department of Defense (DOD) employees and DOD contractors can be prosecuted for crimes committed overseas that would be punishable by more than one year of imprisonment if it had been committed within the maritime and territorial jurisdiction of the United States. H.R. 2740 clarifies MEJA to include persons under a federal contract awarded by any department or agency of the United States working in an area or in close proximity to an area where the Armed Forces are carrying out operations. In addition, it would require the Federal Bureau of Investigation to create the Theater Investigative Unit to investigate allegations of criminal violation by contract personnel.

Voted in favor of H.R. 1199, the Drug Endangered Children Act of 2007, legislation that extends the existing grant program for drug-endangered children. Under this program, the Attorney General is authorized to make grants to States for programs that provide comprehensive services to aid children who are living in a home in which methamphetamine or other controlled substances are unlawfully manufactured, distributed, dispensed or used.

Attended a House Judiciary Committee hearing on H.R. 2128, the “Sunshine in the Courtroom Act of 2007.” H.R. 2128 would authorize the Chief Justice of the Supreme Court, the presiding judge of a U.S. appellate court, or the presiding judge of a U.S. district court to permit the photographing, electronic recording, broadcasting, or televising of court proceedings to the public. The only exclusion to this would be if broadcasting the proceedings would violate the due process rights of any party.

Voted in favor of H.R. 1943, the Stop AIDS in Prison Act of 2007. H.R. 1493 would require routine HIV/AIDS testing for all federal prison inmates upon entry and prior to release from Federal Bureau of Prison facilities. Under this legislation, the Bureau of Prison would have six months from enactment to offer HIV/AIDS testing for inmates. H.R. 1943 would also require HIV/AIDS awareness education for all inmates and comprehensive treatment for those inmates who test positive. Congressman Forbes was an original cosponsor of H.R. 1943.

Supported H.Res. 340, which expresses the sense of the House of Representatives regarding the importance of providing a voice for the victims, and families of victims, involved in missing persons cases and unidentified human remains cases.

Supported H.Res. 303, which expresses the sense of the House of Representatives that a day of recognition should be established to increase awareness about missing persons in the United States.

Questioned witnesses at a Crime Subcommittee hearing on H.R. 2726, the Law Enforcement Officers Safety Act of 2007. Introduced by Congressman Forbes, H.R. 2726 would ensure that qualified retired law enforcement officers be able to carry concealed firearms. This legislation is necessary because some states have refused to issue identification verifying the officers’ firearms qualifications. To address this issue, H.R. 2726 would provide an alternative to a state-issued document by allowing an officer to receive a certification from a firearms instructor that verifies the officer’s qualifications in firearms training as established by the state or a law enforcement agency in the state. The Fraternal Order of Police testified that the ability of retired law enforcement officers to carry concealed firearms is a top priority for its members because it is a critical officer safety issue.

Cosponsored the Lawsuit Abuse Reduction Act of 2007, which would require that strong, mandatory sanctions be imposed on those who file frivolous lawsuits in federal court. In addition, this legislation would limit inter-state (state-to-state) forum shopping, whereby litigants seek venues which may be more favorable to an outcome in their favor. This legislation would require that personal injury cases be brought only in the state in which the plaintiff resides or the State in which a substantial part of the acts or omissions giving rise to the claim asserted occurred. If no state or federal court would have jurisdiction over the case on those grounds, then the case could be brought in a state if the defendant’s residence or place of incorporation is located there.

Cosponsored H.R. 2183 the Commonsense Consumption Act, or "the Cheeseburger Bill", which would prohibit consumers from suing restaurants for causing weight gain, obesity, or any associated health condition that results from an individuals' poor eating habits. H.R. 2183 would prohibit these lawsuits from being brought against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association.

Voted in favor of H.R. 660, the Court Security Improvement Act of 2007, which gives judicial officers, employees and their families the authority to keep personally identifiable information included in financial disclosure statements private. In addition, this legislation prohibits the publishing of personal information related to Federal, state and local law enforcement officials, witnesses, and paid informants. Finally, this bill increases the maximum criminal penalties related to assaulting judges. This legislation is intended to address security and safety issues that may arise before, during or after a trial.

Voted in favor of H.R. 923, the Emmett Till Unsolved Civil Rights Crime Act of 2007. H.R. 923 expresses the Sense of Congress that the Department of Justice should expeditiously investigate unsolved civil rights murders and provide the necessary resources to fund such investigations. In addition, this legislation would establish an Unsolved Crimes Section within the Civil Rights Division of the Department of Justice and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation.

Cosponsored the Stop AIDS in Prison Act,
which would require the Federal Bureau of Prisons (BOP) to test all federal prison inmates for HIV/AIDS upon entering prison and again prior to release from prison, unless the inmate refuses the test. The bill also requires the BOP to develop a comprehensive policy to coordinate HIV/AIDS testing, treatment, and prevention programs for inmates in federal prisons and those who are about to reenter the community.

Cosponsored the Second Chance Act, legislation which would help states and localities to better address the growing population of prisoners returning to communities, by expanding the use of mentors, offering transitional housing programs and improving educational and drug treatment programs. The bill focuses on enhancements in the following essential areas: jobs, housing, mental health, substance abuse and families.

Cosponsored the Reaffirmation of American Independence Resolution, which seeks to discourage judicial reliance on foreign laws or judgments. This bill instructs the federal courts to remember that their role is interpreting U.S. law, not importing foreign laws. The American people have not consented to being ruled by foreign governments or tribunals, and their elected representatives have an obligation to ensure that America's courts do not impose this rule upon them.

Attended a Judiciary Committee hearing entitled, "Protecting the Right to Vote: Election Deception and Irregularities in recent Federal Elections." Debate during the hearing included discussion on some of the problems that voters have experienced in recent elections and efforts by the federal government to curb election deception and to ensure that only legal citizens cast their votes in elections.

Questioned witnesses appearing before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security about Department of Justice (DOJ) requests for voluntary waivers of attorney-client privilege when they begin a corporate investigation. There is ongoing concern that DOJ is giving preferential treatment to corporations that waive attorney-client privilege, an important component of privacy rights.

Cosponsored the Stearns/Boucher Right-to-Carry Reciprocity Bill, H.R. 861. This legislation would establish a national standard for the carrying concealed firearms by non-residents of a state. It authorizes a person who has a valid permit to carry a concealed firearm in another state in accordance with the restrictions of that state. The right of self-defense is fundamental and has been recognized in law for centuries. The Declaration of Independence asserts that life is among the unalienable rights of all people. The Second Amendment guarantees the right of the people to keep and bear arms for security.Reappointed to the House Judiciary Committee.

Selected as Ranking Member of the Judiciary Subcommittee on Crime, Terrorism and Homeland Security.

Appointed as a Member of the Judiciary Subcommittee on Immigration, Border Security and Claims.

Reappointed to the House Judiciary Committee.