Richard Shelby

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Mr. President, I wish to address the Senate for a few minutes about the nomination of Judge Neil Gorsuch, which is the topic of the day and has been the topic for weeks. It probably has been said, but I am going to go through some of it again. Judge Gorsuch is a native of Denver, CO, where he currently resides with his wife Louise and their two daughters. He is currently 49 years old. I want to talk about some of his credentials. Judge Gorsuch received his bachelor of arts degree from Columbia University in 1988, his juris doctor from Harvard Law School in 1991, and a doctorate in legal philosophy from Oxford University in the UK in 2004. At Columbia, he was a member of Phi Beta Kappa, a Truman scholar at Harvard Law School, and a Marshall scholar at Oxford. Following law school, Judge Gorsuch served as a law clerk to Federal appellate judge David Sentelle and then to Justice Byron White of the U.S. Supreme Court and Associate Justice Anthony M. Kennedy of the Supreme Court. In 1995, Judge Gorsuch entered private practice as an associate of Kellogg, Huber, Hansen, Todd, Evans & Figel, and he was elected partner in that law firm in 1998. His practice focused on general litigation in both trial and appellate matters. Judge Gorsuch left private practice in 2005 to serve as the Principal Deputy to the Associate Attorney General at the Justice Department in Washington. President George W. Bush nominated Judge Gorsuch to the Tenth Circuit Court of Appeals, located in Denver, on May 10, 2006. He was confirmed in the Senate by a voice vote on July 20, 2006. We talk about qualifications for judges. I want to share some of his. Judge Gorsuch has served over a decade on the U.S. Court of Appeals for the Tenth Circuit. He has an outstanding judicial record that speaks for itself. He has participated in over 2,700 appeals on the Tenth Circuit, and 97 percent of them have been unanimously decided. In those cases, he was in the majority 99 percent of the time. Of the approximately 800 opinions he authored on the Tenth Circuit, 98 percent of his opinions were unanimous, even on a circuit where 7 out of the 12 active judges were appointed by Democratic Presidents. His opinions on the Tenth Circuit have the lowest rate of dissenting judges at 1.5 percent. That is unheard of. Out of the eight cases he has decided that were reviewed by the U.S. Supreme Court, seven were affirmed and one was vacated. Judge Gorsuch's nomination to the Tenth Circuit Court of Appeals in 2006 was met without opposition, and he was confirmed by voice vote. Notably, Senators serving during this time include a lot of my former colleagues: then-Senator Barack Obama, Senator Joe Biden, Senator Hillary Clinton, Senator John Kerry, Senator Harry Reid, and 12 other current sitting Democratic Senators in this body, including the minority leader, Chuck Schumer. In March, the American Bar Association, ABA, unanimously gave Judge Gorsuch a ``well qualified'' rating, their highest possible mark. Minority Leader Schumer and Senator Leahy have both previously referred to the ABA as the ``gold standard by which judicial candidates are judged.'' In the area of jurisprudence, Judge Gorsuch has a mainstream judicial philosophy, which he clearly articulated during the Senate Judiciary's confirmation hearing. I believe his record is unequivocal in that he believes judicial decisions should be based on the law and the Constitution and not personal policy preferences. He has a deep commitment to the Constitution and its protections established by our Founding Fathers, including the separation of powers, federalism, and the Bill of Rights. Judge Gorsuch's decisions demonstrate that he consistently applies the law as it is written, fairly and equally to all individuals. Additional information about Judge Gorsuch: The American people deserve to have their voices heard in selecting Justice Scalia's replacement. This is what we are doing. Some of my colleagues intend to oppose Judge Gorsuch based solely on the fact that they disagree with the outcome of the Presidential election. During President Trump's campaign last year, he clearly defined the type of Justice he wished to nominate to the current vacancy. He even published, as you will recall, a list of 21 judges who possessed what he believed are the necessary qualifications to serve on the U.S. Supreme Court. Following Judge Gorsuch's nomination, he sat for over 20 hours of questioning in front of the Senate Judiciary Committee in the Senate-- the longest hearing of any 21st-century nominee. Additionally, he was given 299 questions for the record by my colleagues on the other side of the aisle. This also is the most in recent Supreme Court confirmation history. Simply put, I believe this is the most open and transparent process in choosing a Supreme Court nominee ever conducted by an administration. By filibustering this nomination, some of my colleagues are breaking a nearly 230-year tradition of approving Supreme Court nominees by a simple-majority vote. I believe the American people spoke clearly when they elected President Trump. I believe this is the American people's seat, and I believe Judge Gorsuch is an exceptional choice for the Supreme Court. He deserves an up-or-down vote, and that is why I believe we are getting ready in the next few hours to confirm him. I yield the floor. I suggest the absence of a quorum.

Mr. SHELBY

Mr. SHELBY. Mr. President, on April 6, 2017, the Joint Committee of Congress on the Library organized, elected a chairman, a vice chairman, and adopted committee rules for the 115th Congress. Members of the Joint Committee on the Library elected Congressman Gregg Harper as chairman and Senator Richard Shelby as vice chairman. Pursuant to rule XXVI, paragraph 2, of the Standing Rules of the Senate, I ask unanimous consent that a copy of the committee rules be printed in the Record.

Mr. SHELBY

Mr. SHELBY. Mr. President, on April 6, 2017, the Joint Committee on Printing organized, elected a chairman, a vice chairman, and adopted committee rules for the 115th Congress. Members of the Joint Committee on Printing elected Senator Richard Shelby as chairman and Congressman Rodney Davis as vice chairman. Pursuant to rule XXVI, paragraph 2, of the Standing Rules of the Senate, I ask unanimous consent that a copy of the committee rules be printed in the Record.

Mr. SHELBY

Mr. SHELBY. Mr. President, the Committee on Rules and Administration has adopted rules governing its procedures for the 115th Congress. Pursuant to rule XXVI, paragraph 2, of the Standing Rules of the Senate, on behalf of myself and Senator Klobuchar, I ask unanimous consent that a copy of the committee rules be printed in the Record.

Mr. SHELBY

Mr. SHELBY. Mr. President, I would like to take a few minutes this afternoon to talk about some of the events that happened here in the past 24 hours. Less than 24 hours ago, we confirmed my colleague--former colleague now--Jeff Sessions to be Attorney General of the United States. After he was confirmed, he resigned as Senator and has been sworn in as Attorney General of the United States this morning. The Governor of Alabama, Gov. Robert Bentley, subsequently appointed Luther Strange, who is our newest Senator. He was our attorney general until a few hours ago--a second term as attorney general. I want to tell you a little bit about our newest Senator from Alabama here in the U.S. Senate. He is someone I have known for about 35 years and someone I have spent a lot of time with, off and on. I know his wife Melissa. I know his sons. We have traveled together. As the Presiding Officer would appreciate coming from Georgia, we have had time to be in Georgia and other places hunting quail, ducks, geese, and doves together. You get to know somebody pretty well, as the Presiding Officer knows. I believe this was a great appointment by our Governor. This is someone who will hit the ground running. He is going to be involved in the issues. He is a team player. He is going to work with us in the Republican caucus and work for what is in the best interests of the State of Alabama and the Nation, which we all need to do. He is a graduate of Tulane University, undergraduate and law school, and you might be able to tell he may have been a basketball player in his youth and probably still would be. I look forward to working with him. I am going to miss Senator Sessions, who is now our Attorney General, someone I worked together with for 20 years. I have been here 30 years, so together, as I said yesterday, we have 50 years. Luther Strange is going to hit the ground running. He brings a lot of knowledge, a lot of integrity to this job, and I look forward to working with him for the people of Alabama and for our great Nation. I yield the floor.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise in support of the nomination of my colleague and friend Jeff Sessions to be the Attorney General of the United States. Why? We have had this debate. It has gone on a long time, and we have heard from a lot of proponents and opponents of Jeff Sessions. Who would know Jeff Sessions better maybe than I would? I have worked with Jeff Sessions since he came to the Senate 20 years ago. Between us we have been here 50 years, 30 years for me, 20 years for him. Our staffs worked day and night on issues that have affected our State and affected the Nation. I first really got to know Jeff Sessions when he was the Attorney General of Alabama. He had been the U.S. attorney. He was pretty well known, but I didn't know him. We didn't really know each other until he became the Attorney General. I urged him to run for the U.S. Senate. I thought he could win, but I thought not just that he could win but that he could bring something to this body. I thought he would be a good colleague, he would be a good Senator for the State of Alabama and for the United States of America, and he has been. When you deal with people day after day--remember, we all know each other as colleagues here. There are just 100 of us. It sounds like a lot of people, but it is not. When we interact on committees, when we deal with each other, when our families are thrown together, we talk, we debate, we maybe even fight a little bit at times over issues. We get to really know somebody. I know Jeff Sessions pretty well. I believe he is competent as a lawyer, he was a good lawyer, he was a good prosecutor, and he served our State as Attorney General. He has been active on the Judiciary Committee where he has chaired a subcommittee. He has been active on the Budget Committee. He has been active on the Armed Services Committee. He has been active right here in the Senate--our Senate--on the Environment and Public Works Committee, and he is well respected. What kind of Attorney General do we want? We want somebody who is competent, somebody with integrity--integrity above everything. That is what counts in this job. This is a very, very important job. These are big shoes. Jeff Sessions can fill those shoes, and I am happy and proud to be here and to vote for him tonight. I wish my colleagues on the other side of the aisle would join us. I yield the floor.

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Madam President, I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I will take just a few minutes. I rise to call up for consideration H.R. 3394, the CAPTIVE Act. I have long advocated for the Senate to pass the CAPTIVE Act, which passed the House by unanimous consent in July. In 2003, a group of Department of Defense contractors were on a counternarcotics mission in Colombia when their plane crash-landed. These Americans were captured by members of the Revolutionary Armed Forces of Colombia, which we know as FARC, which is a violent guerrilla group that is heavily involved in drug trafficking. My fellow Alabamian Thomas J. Janis, the pilot of the plane, tragically lost his life at the hands of these terrorists on February 13, 2003. The three other Americans abroad the flight were kidnapped, held hostage, and tortured for more than 5 years until they were finally rescued by the Colombia military. These heroes are now seeking justice for themselves and their families against those who carried out unthinkable acts of violence. The CAPTIVE Act is simple. It would make it easier for all U.S. victims of terrorism to recover court-awarded damages. I believe that the family of Tom Janis and all of the victims of terror deserve nothing less than for the Senate to swiftly pass the CAPTIVE Act. I urge my colleagues to join me in supporting that. I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3394, which was received from the House; I further ask that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to honor the life and the legacy of an Alabama patriot and American hero, Johnny Michael Spann. Nearly 15 years ago, on November 25, 2001, while fighting on behalf of our grateful Nation, Mike made the ultimate sacrifice to our country in northern Afghanistan. Mike Spann served as a U.S. Marine officer and then later with the CIA, when he became the first U.S. combat casualty in the War on Terror in Afghanistan. As Americans we honored the sacrifices made by those who have served and defended our Nation on Veterans Day last week. Mike Spann is one of the heroic Americans who ran towards danger, putting his life on the line to fight for our freedom. Mike Spann was dedicated to combating the tyranny, oppression, and terror that would be inflicted on the world by the Taliban and others who share their goals. He gave his life to a noble undertaking, and our Nation will be forever indebted to him and his family for his service. It is my honor to offer my deep appreciation and gratitude to Mike Spann for his willingness to put himself in harm's way to protect the values and freedoms that we hold dear. His life exemplified honor and courage, and he will always be remembered for his great sacrifice. As the Director of Central Intelligence said at Mike's funeral, ``May God bless Mike Spann, an American of courage, and may God bless those who love and miss him, and all who carry on the noble work that he began.'' We should not forget Mike Spann and others like him. I yield the floor. I suggest the absence of a quorum.

Mr. SHELBY

Mr. SHELBY. Mr. President, today I wish to honor the life of Judge Junius Foy Guin, Jr., of Russellville, AL, who passed away on November 8, 2016. He will be long remembered for his service to our Nation, his contributions to the legal community, and his dedication to both kindness and fairness in the courtroom. Judge Guin was born in Russellville and graduated from Russellville High School in 1940. He went on to earn his B.A. and J.D. from the University of Alabama. Judge Guin took time off of school to serve as an infantry first lieutenant in World War II. During his service, he was sent to Camp Swift near Austin, TX, where he met and married his wife. After the war, he returned to the University of Alabama to complete his law degree and subsequently joined his father's private law practice from 1948 to 1973. As an attorney, Judge Guin served on the Alabama State Bar Commission, the Board of the Alabama Law Institute, and the Alabama Supreme Court's advisory commission. He was also the first chairman of the judicial commission, which is now the judicial inquiry commission. Judge Guin began his career in public service when he was nominated by President Richard Nixon to serve on the U.S. District Court for the Northern District of Alabama. He was confirmed by the Senate on April 10, 1973, and assumed senior status on February 3, 1989. In addition to his professional achievements, Judge Guin was named Citizen of the Year for Russellville in 1973. He served as an elder and chairman of the foreign missions committee of the North Highlands Church of Christ in Russellville, as well as the West End Church of Christ and Palisades Church of Christ in Birmingham. Judge Guin also enjoyed playing golf, valued music and traveling the world, and always loved cheering on the Crimson Tide. I offer my deepest condolences to Judge Guin's wife, Dorace, and his children Jan, Judy, Jay, and David, as well as his many grandchildren and great-grandchildren. I join all of their loved ones as they celebrate his many life accomplishments and mourn his loss.

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that the Senate be in a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. SHELBY

Mr. SHELBY. I object.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to honor the life of my friend Garry Neil Drummond of Birmingham, AL, who passed away on July 13, 2016. He will be long remembered as an iconic leader and skilled entrepreneur who left a positive impact on the coal and mining industry and the State of Alabama. Garry was born in Walker County, AL. He earned a bachelor of science in civil engineering from the University of Alabama in 1961. After graduation, he joined Drummond Company, Inc., and became the first engineer hired by the company. Garry's father, H.E. Drummond, began the Drummond Coal Company in Sipsey, AL, in 1935 to serve as a coal provider for farms and households. At age 15, Garry began working in coal mines across Walker County with his father. He was eventually named chief executive officer of the Drummond Company, and he served in this role for more than 50 years. Garry was a founder of the American Coal Foundation, and in 1978, he served as the first chairman of the Mining and Reclamation Council of America, which later merged with the National Coal Association. Garry also served on the boards of the National Mining Association and the Alabama Coal Association. He was a longtime member of the University of Alabama board of trustees and served as president pro tem of the board. He was also the university's ``Outstanding Alumnus'' for 1987-88. Garry was inducted into the Alabama Academy of Honor in 1989, the Alabama Engineering Hall of Fame in 1997, the Alabama Business Hall of Fame in 2003, and the Birmingham Business Hall of Fame in 2010. A dedicated civil servant, Garry served on the boards of the Big Oak Ranch, Inc., Boy Scouts of America Greater Alabama Council, the Business Council of Alabama, the Economic Development Partnership of Alabama, the Rotary Club of Birmingham, and Glenwood, Inc. Largely due to Garry's steadfast leadership, Drummond Company today includes large coal mines in Alabama and Colombia, South America, a worldwide coal sales organization, ABC Coke--the largest merchant foundry coke producer in the United States--and a real estate division with major developments in Lakeland, FL, Palm Springs, CA, and Birmingham, AL. Garry's many successes, accomplishments, and contributions to the State of Alabama and the coal and mining industries will not soon be forgotten. He was truly a remarkable businessman, an unwavering leader, a devoted civil servant, and a loyal friend. I offer my deepest condolences to Garry's wife, Peggy Drummond, his four children, his large extended family, and countless friends as they celebrate his exceptional life and mourn this great loss.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to recognize Dr. Robert E. Witt, chancellor of the University of Alabama system, who is retiring in August of this year. Dr. Witt will be long remembered for his remarkable career, his extraordinary leadership, and for his role in restoring the University of Alabama to its rightful place as the capstone of higher education. A native of Bridgeport, CT, Dr. Witt received his bachelor's degree in economics from Bates College. He received his M.B.A. from the Tuck School of Business at Dartmouth College and his Ph.D. from the Pennsylvania State University. Dr. Witt began his 35-year career in higher education in 1968 when he joined the business school faculty at the University of Texas at Austin. He eventually became department chair, associate dean, and in 1985, he was named dean of the UT business school. In 1995, Dr. Witt was named president of the University of Texas at Arlington, where he served until 2003 before moving to Tuscaloosa, AL. Prior to his election as chancellor of Alabama's largest education enterprise, Dr. Witt served as president of the University of Alabama from 2003 to 2012. Throughout his tenure, I was impressed by his vision and commitment to growing the capstone into one of the leading institutions for higher education in the South. During his 9 years as president of the university, he led an ambitious campaign for academic growth and achievement that positioned the University of Alabama as one of America's fastest growing public universities. Because of his efforts, the university has achieved a higher position academically, which continues to bring positive growth to the University of Alabama and our State as a whole. In addition to serving as president of the University of Alabama system, Dr. Witt is chairman of the Council of the Presidents of Alabama's public colleges and universities. He is a member of the Governor's College & Career Ready Task Force, the American Cast Iron Pipe Company Board of Directors, the Alexis deTocqueville Executive Committee, the Advisory Board, and the Elizabeth Project Care Board. Dr. Witt is past chairman of the chamber of commerce of West Alabama, a past member of the Tuscaloosa County IDA Board, and the Black Warrior Council Boy Scouts of America. In 2011, Dr. Witt was inducted into the Alabama Academy of Honor, which is comprised of 100 living Alabamians elected for their noteworthy service to the State. Dr. Witt's many accomplishments, as well as his contributions to the University of Alabama, city of Tuscaloosa, and the State of Alabama, will not be soon forgotten. Our State and community have been fortunate to have a leader like Dr. Robert Witt, and I wish Dr. Witt and his wife, Sandee, the very best in their next chapter.

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that the votes following the first vote in this series be 10 minutes in length.

Mr. SHELBY

Mr. SHELBY. Mr. President, I offer amendment No. 4685 as a committee- reported substitute amendment.

Mr. SHELBY. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. SHELBY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Mr. President, on behalf of the Appropriations Committee, I withdraw the committee-reported amendment to H.R. 2578.

Mr. SHELBY

Mr. SHELBY. I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. SHELBY. Mr. President, I rise this morning to encourage my colleagues on both sides of the aisle to support H.R. 2578, the Commerce, Justice, Science, and Related Agencies appropriations bill for fiscal year 2017. Before I discuss this bill, I want to take a few minutes to extend my condolences to all who lost loved ones in the horrific act of terrorism that took place over the weekend in Orlando, FL. The unthinkable act of violence underscores how critical it is for the Nation's law enforcement to have the tools they need to prevent future incidents and protect the American people. This bill funds important functions that are vital to our Nation's security, including law enforcement, immigration enforcement, cyber security, and severe-weather forecasting. I believe this bill reflects our strong bipartisan relationship on the Committee on Appropriations, and I thank my colleagues across the aisle for working with us to move the bill out of the committee. As chairman of the Commerce, Justice, Science Subcommittee, I worked with my colleagues to provide critical funding for the U.S. Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation, among others. The Commerce-Justice-Science bill before us meets the subcommittee's allocation of $56.3 billion in discretionary spending. This level is $563 million above the fiscal year 2016 enacted amount and is $1.6 billion above the budget request. However, when taking out scorekeeping adjustments and comparing true spending, this bill is actually $1.83 million below the President's request. The committee has made difficult but I believe responsible decisions to craft a bill that stays within the 2-year budget agreement that was agreed to last fall. Within these budgetary boundaries, I believe the committee has achieved a careful balance between the competing priorities of law enforcement, national security, economic development, scientific research, and space exploration. The bill also funds the Department of Commerce at $9.3 billion, which keeps our next generation of weather satellites on schedule and ensures that the National Weather Service can continue to provide timely warnings for severe weather. To help NOAA modernize the way it manages fisheries, the bill continues to provide strong funding for NOAA to expand its adoption of electronic monitoring and reporting in order to increase coverage of our Nation's fisheries and reduce costs for our commercial fishermen. The red snapper fishery is vital to fishermen and businesses across my State of Alabama and the rest of the Gulf Coast States. I am pleased this bill continues several provisions that will help respond to the challenges facing anyone who wants to fish for gulf red snapper. This committee remains supportive of science and innovation by maintaining healthy funding for the National Science Foundation, while preserving a balanced space program within NASA. The budget request that NASA presented to Congress included, I believe, a disingenuous combination of discretionary spending and an unprecedented amount of funding disguised as mandatory spending. The truth is that NASA's request only totaled $18.2 billion--a cut of $1 billion from what Congress provided last year. These cuts, if they were enacted, would erode ongoing science missions, delay exploration launches, and stifle American innovation. In contrast to the budget request, the bill now before us funds NASA at $19.3 billion, preserving the funding Congress provided in 2016. This level makes it possible for the agency to continue supporting ongoing science and exploration missions, especially the Space Launch System and the Orion capsule development, which are both in critical stages of development. The bill maintains strong funding for the Department of Justice at $29.2 billion, and the bill provides either the budget request or at least a 1.5-percent increase for all Federal law enforcement operations to support men and women on the frontlines of preserving public safety. The bill before us also includes essential cyber security funding through the Department in order to protect our Nation and to track down, arrest, and prosecute child predators to keep our communities safe. I want to point out that this bill provides $2.96 billion for victims of violent crime from the Crime Victims Fund, or CVF, which meets the 3-year average of deposits into the fund and is a metric the Committee on the Budget requested. As a result, overall funding for victims and victim-related grant programs--which are widely supported by many members of this committee as well as Members of the Senate--remain at or above the 2016 levels. I believe this bill strikes a balance between the competing priorities of law enforcement, terrorism prevention, research, scientific advancement, and U.S. competitiveness. I think we have basically a transparent product that accommodates the Senate's priorities and addresses the needs of our Nation. I urge my colleagues at the proper time to support the bill's swift passage. I yield the floor.

Mr. SHELBY. Mr. President, I call up amendment No. 4686 to the substitute amendment.

Mr. SHELBY

Mr. SHELBY. Mr. President, I object.