Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today to talk about a couple of topics. I first want to talk about Brett Kavanaugh. Brett Kavanaugh is the President's nominee to…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise today to talk about a couple of topics. I first want to talk about Brett Kavanaugh.
Brett Kavanaugh is the President's nominee to be a new Justice on the U.S. Supreme Court. Yesterday, I had the chance to sit down with Judge Kavanaugh in my office and talk about his judicial philosophy, his view of the role of the courts, and how he would approach some of the tough issues the Court is likely to face. Frankly, I cannot think of anybody who is more qualified to serve as the next Associate Justice of the Supreme Court. This guy's background is incredibly impressive, as is his record, which I will get to in a minute.
As important to me is Brett Kavanaugh the person. Let me speak briefly about Brett, because I have known him for over 15 years. I have gotten to know him and his wife. I worked with him in the George W. Bush White House. I also had the opportunity to work with his wife because she was the personal assistant to President George W. Bush. They are both wonderful people. They are a great family. Brett Kavanaugh is a person I have gotten to know, not so much as a legal scholar or a judge but as a friend, and I have watched him as a father and as a husband. He is a guy with great compassion, great humility, and a big heart.
In his remarks on Monday at the White House, he talked a little bit about his life outside of being a judge.
He talked about coaching his daughter's basketball team. Many of us who have been coaches for our high school kids and grade school kids probably were able to relate to that. I am glad my kids got old enough where they could get better coaching so they wouldn't have all the bad habits I probably taught them. The fact is, that is who he is. He loves his daughters. He coaches the team. He makes that a priority.
He talked about tutoring kids, underprivileged kids. That is something he does quietly on his own time and feels strongly about.
Finally, he talked a little about the fact that he prepares and serves meals to homeless people who are connected through his church. He talked about the priest whom he works with on that. I talked to the priest afterward, and the priest said: You know, in fact, we do this regularly. In fact, we are going to be serving a meal together on Wednesday. You never heard Brett Kavanaugh talk about that. In fact, in my meeting yesterday, Brett Kavanaugh did not mention that he was going straight from my meeting with him to serve meals to the homeless. I found out after the fact when someone brought to my attention that on Twitter, there was somebody who was there and had taken a photograph of him kind of in the background with a ball cap on. It is not something he brags about. It is not something he told me about. It is not something he does because it is the right thing to do for political purposes; he does it because it is the right thing to do as a Christian and as someone who cares about his community. That is the Brett Kavanaugh I know.
I hope that others will see these sides of Brett Kavanaugh as he goes through the confirmation process because I think that as people get to know him through that, they are going to be very impressed.
People are going to differ some on judicial philosophy. With regard to what kind of person you would want to see on the Supreme Court of the United States, to look at what will be difficult issues that will come before that Court, you want somebody who has a big heart, who has compassion, and who is humble and has the humility to be able to listen. Brett Kavanaugh is a good listener.
He has a very distinguished legal record. There are some great judges out there, but I don't think anybody has qualifications better than Brett Kavanaugh's. He is clearly qualified to sit on the U.S. Supreme Court.
Oftentimes, people call the DC Circuit the second highest court in the land. That is the court on which he already sits. There, serving on the court, he has earned the respect of justices across the spectrum-- judges on the right, judges on the left. He has had a number of law clerks go through his process who end up clerking maybe for the Supreme Court or going into private practice or pro bono work or working with the government. Every one of them I have had the opportunity to know or talk to has glowing things to say about him--one who is my counsel in my own office. He has earned the respect of people whose lives he has touched, who have worked with him.
Brett Kavanaugh has a great legal education. He graduated from Yale Law School and clerked for Justice Anthony Kennedy. That is the Justice whom he would replace should he be confirmed. Anthony Kennedy is viewed as a consensus builder. Brett Kavanaugh is a consensus builder.
In his more than 300 published opinions, Judge Kavanaugh has proved time and again that he is a judge who deserves that respect because he applies the law fairly and impartially. He is independent, impartial, and smart. He interprets the law and the Constitution rather than try to legislate from the bench, which is very important. I think sometimes we forget about the separation of powers. This is where people are accountable to the voters and where we legislate. The members of the Supreme Court and the lower courts, as well, are meant to interpret those laws and take our great Constitution and faithfully interpret that as well. I think that is a very important judicial philosophy and one that I think most people want. That is what they are looking for in a judge--one who fairly and impartially applies the law and protects the rights guaranteed by our Constitution, not one who advances personal public policy goals by legislating from the bench.
Judge Kavanaugh has embodied this philosophy for his entire career as a judge.
Professor Kavanaugh, as he is known at Harvard Law School, where he has taught for 10 years, is so committed to the Constitution that his students say he carries a copy of it in his pocket. They also commented that it is a very well-worn copy, because he pulls it out. They say it is almost falling apart from the use he makes of it.
It is the Constitution he is loyal to, not partisan politics. According to one student from Harvard Law School:
If you didn't know his background that [partisanship]
wouldn't come across. You wouldn't think, ``Oh this guy's a
Republican or this guy's a conservative.'' He wasn't in class
to lecture us on Judge Kavanaugh's policy preferences. He was
there to talk about the law. I don't see him as someone
motivated by outcomes but as someone motivated in finding out
what the law is and what the law says.
I think that is a big part of the reason why he is such a widely respected judge and why he is so widely cited by other courts, including the Supreme Court. They have endorsed his opinions more than a dozen times in the Supreme Court of the United States, including some of his dissents that have then become the law of the land. So they pick up his dissent at the DC Circuit and use that in the Supreme Court as the reasoning for a decision from the U.S. Supreme Court. That is highly unusual. I think that speaks to his credibility, his legal competence, and also his hard work. He is a hard worker who focuses on ensuring that he is fully prepared.
He is also a dedicated public servant. He has chosen to spend 25 of his last 28 years serving the American people in various jobs.
For all these reasons, I think he is a great pick. I think he has the experience and qualifications. I think he is someone who understands the appropriate role of the judiciary and puts that understanding into practice on the bench. He has a record to look at. Just as important to me, though, is that he is a good person.
I am proud to support Brett Kavanaugh's nomination to the U.S. Supreme Court. I hope my colleagues on both sides of the aisle will keep an open mind and get to know Brett Kavanaugh, as I have gotten to know him and as I hope the American people will get to know him, before they make a judgment. My hope is that Brett Kavanaugh will become a Supreme Court Justice who will make us all proud.
Restore Our Parks Act
Mr. President, I also want to talk today about an important topic, which is our national parks. Our parks are an absolute treasure for our country. They are beautiful places, beautiful public lands. As important, they are part of our American culture and part of the history we have as a country, and it is important to preserve that legacy.
As an example, in Ohio, we have the Wright brothers' home and shop in Dayton, OH. It stands as an inspiration to anybody who dreams big dreams because that is what these two brothers did. You can see where these two Ohio brothers changed the world. Otherwise, frankly, they lived a pretty ordinary life. Preserving their home and that shop is very important to see that anybody can dream big and make a big difference. We have a responsibility to preserve that site and so many others that are important to our history for generations to come.
The National Park System includes more than 84 million acres of parks and historical sites that now attract more than 330 million visitors annually. It is an amazing system.
By the way, I was told yesterday that only one department or agency of the Federal Government has more assets than the national parks, and that is the Department of Defense, with all the military bases and all the physical assets they have. Otherwise, it is the parks. The parks have an enormous number of buildings and roads and bridges and water systems and visitors' centers and so on.
In my home State of Ohio alone, we have eight of those national parks, including Cuyahoga Valley National Park, which is the 13th most visited park in the United States of America. We are very proud of Cuyahoga Valley, whether it is for biking or hiking or fishing or kayaking. I am one of those 2.7 million visitors in Ohio's national parks every year. In fact, the weekend after this weekend, I will be at Cuyahoga Valley National Park with my wife, enjoying that beautiful park.
These parks are treasures, and they have so many wonderful facilities. The problem is that over time we have allowed a maintenance backlog to build up, meaning that so many of these buildings and so much of the infrastructure--the roads, bridges, and water systems I talked about--is deteriorating to the point that some of it is actually not being used. If you go to a national park, you may see that a trail is closed or a visitors' center can't be visited. You may see that some of the facilities that provide overnight lodging aren't available anymore. Why? It is because our parks, frankly, are kind of crumbling from within. They may look great on the outside, and they are beautiful, but there is now a $12 billion backlog of deferred maintenance at our parks. This has become a real problem.
By the way, that is equal to nearly four times the annual budget of the parks. They just don't have the resources to keep up with these deferred maintenance costs, which tend to be longer term costs, which tend to be more expensive and longer term. Frankly, they are not as interesting to fund. It is not as interesting for Congress to fund the fixing of the roof on a maintenance building at Yellowstone National Park as it is to set up a new nature program for visitors. So this has become a problem.
Think about your own home. If you allow deferred maintenance to build up--if you don't take care of the roof, for instance--what happens? You get a leak in your roof. Then you find out the drywall is ruined or the paint is ruined or the floor is ruined, and the costs mount. That is what is happening in our parks right now. When maintenance projects aren't completed on time, it is called getting delayed or getting deferred, and that is what we are focused on.
By the way, nearly two-thirds of that deferred maintenance is attributable to our national parks' aging infrastructure. This would be roads and bridges and buildings and so on.
The national parks just celebrated their 100th birthday in 2016, and a lot of us were very excited about that--100 years of these beautiful national treasures. Many of the facilities across the country, therefore, are very old. A lot are more than 80 years old, and some are almost 100 years old and are very badly in need of repair.
The visitation to our parks has increased in recent years, and this has added to this burden. So it is not only that there are deferred maintenance costs, where things are being put off, but with more and more visitors, there is more and more pressure on the parks. From 2006 until 2017--in those 10 years, in that period alone--annual visitation to our national parks increased by more than 58 million people. That is a good thing. To me, it is a good thing. More people are getting outdoors, particularly families who are taking their kids outdoors. More people are enjoying the parks and are learning more about nature and about our history, but it has put more and more pressure on the parks.
The challenges of keeping up with this aging infrastructure and the increased visitation have stretched the Park Service thin and have required it to focus on just the very immediate maintenance needs it has and to postpone, to delay, these projects that can't be completed on schedule.
We can't keep our parks in peak condition with bandaids. Some of this is going to require years of work and planning to go into that, which will require certainty and consistency about funding. When you do the annual appropriations process here, as you know, it is year to year. You do not know how much money you are going to get, and sometimes we cut back. They need to know there is going to be some funding there, some certainty, to be able to make some of these much needed repairs to our parks.
Unless we take action, of course, it is just going to get worse. We talked about that. When you don't deal with deferred maintenance, it tends to build up and become worse. We are told that the $12 billion backlog is increasing at a rate of about 3 percent per year. That is because, as the experts have told us, it is a compounding issue, meaning that maintenance projects that go
unaddressed often create these other problems. They create more repair costs. The spike in visitation to national parks over recent years has put more pressure on, and the longer we wait, the more expensive it gets.
For the taxpayers, it is better to move now to address these maintenance needs than to wait as they become more and more expensive. When roads, bridges, parking lots, and pathways decay, people are not able to visit those sites often. Some are even shut down.
I mentioned that there are 330 million people a year who visit our parks. There are also 330 million people, therefore, who are spending money around our parks. It is a huge economic driver. For those who are listening who come from States like mine, where we have big national parks like Cuyahoga Valley National Park, those communities really want to be sure that we continue to have vibrant parks and that people will continue to want to visit and can visit in order to get the broader economic benefit. This is important all over the country.
In my State of Ohio alone, where we don't have the big parks like Yellowstone or Yosemite but where we have some great parks, there is more than $100 million in overdue maintenance. For Cuyahoga Valley National Park, for example, there is more than $45 million of backlog, and completing these long-overdue projects will make a huge difference for a visitor's experience. The needed maintenance includes--at Cuyahoga Valley, as an example--$875,000 for badly needed renovations to the Boston Store Visitor Center. I have been there. I have seen it. It needs the help. That includes $274,000 in renovations for a shelter and $6 million in renovations for roads and parking lots to ensure people have parking. It includes water infrastructure improvements. Water infrastructure may not be the sexiest project to support, but it is a very important one. It is very important that we ensure that we have this infrastructure in place. It is the conservative thing to do.
Helping our Park Service has long been a priority of mine, as well as dealing with this backlog. About 12 years ago, when I served as the Director of the Office of Management and Budget in the George W. Bush administration, I launched in our budget something that President Bush and Mrs. Bush were strongly supportive of, which was the Centennial Initiative. Again, in thinking the centennial was coming up in 2016--10 years later--we wanted to put in place the idea of using public-private partnerships to fund the parks. We were successful in getting some of that started.
Frankly, Congress did not pass the legislation to do it, but I continued that effort when I came here as a U.S. Senator and as cochair of the Congressional Friends of the National Park Service for its centennial. I authored a bill that we set up in 2006 that finally created this endowment fund to be able to take public-private partnerships. Part of it is in the park. Part of it is with the National Park Foundation. That bill, called the National Park Service Centennial Act, was signed into law in the year of the National Park Service's centennial anniversary. The two funds together that were codified in that law have now provided more than $200 million to address the maintenance backlog.
By the way, more than $125 million of that has been from private dollars, non-Federal dollars. The idea was to provide the Federal match to encourage more people who love the parks to contribute. We did better than the legislation required, which was a one-to-one match-- $200 million total, $125 million of which came from non-Federal sources. That funding helps, and I am proud of that. Yet, frankly, as I mentioned earlier, a $12 billion maintenance backlog requires even more. As soon as we are able to do that, we need to do it because the costs are going up.
I recently authored legislation with three of my colleagues, Senators Mark Warner, Lamar Alexander, and Angus King--two Republicans, one Democrat, and one Independent. It is called Restore Our Parks Act. The bill now has eight additional cosponsors who are Democrats and Republicans, and I am hopeful that many more of my colleagues will join us. The legislation is the product of a bipartisan agreement on consensus legislation that combines two similar bills that were already introduced. One was with Senator Warner and me, and one was with Senator Alexander and Senator King.
The Restore Our Parks Act is a commonsense solution to this $12 billion in long-overdue projects, and it ensures that we can do the maintenance to keep the parks up to speed. It creates a legacy restoration fund that will get half of all of the annual energy revenues over the next 5 years, which are not otherwise allocated, to be used for priority deferred maintenance projects. This is funding-- these are royalties on offshore leases, let's say, and onshore energy projects. Some of this funding currently goes to land and water conservation funding, and it will continue to go there. These are funds that are otherwise unobligated. The bill caps deposits into the fund at $1.3 billion a year, which would provide a total of $6.5 billion for deferred maintenance projects in our parks over the next 5 years.
It is not the whole amount now, but it is historic. We have never had this much funding being put into the parks at this time. It will provide that certainty, to know it is going to be there year after year and for this purpose only. About two-thirds of those funds will go toward buildings, utilities, visitors' facilities, and about one-third will go toward transportation projects, like roads and pathways.
Through simply using funds that the government is already taking in from these on- and offshore energy development projects and not depositing them in the General Treasury, we can cut our national parks' long-overdue maintenance backlog in half. This is exciting because about half of these projects--about $6 billion of the $12 billion--are what the Park Service calls urgent projects, urgent priorities. So we will at least have the certainty of knowing that the funding will be there for these larger projects that need to get done. It is a certainty we will never find through the annual appropriations process. We will be able to get some of these bigger long-term maintenance projects done and restore the beauty of our parks where needed.
This legislation is broadly supported. Secretary of the Interior Ryan Zinke and the Trump administration support it. I thank Secretary Zinke personally because he has really committed himself to this issue. When he went through his nomination process, we talked about the maintenance issues at the parks. Like every good fiscal conservative, he said: This needs to be addressed and addressed now; otherwise, it is going to get worse and worse and worse. Instead of adding more to the parks, instead of giving the parks more responsibilities, let's be better stewards of what we have. And I agree with that philosophy. I commend him for that, and I commend him for his support and his help in ensuring that the administration supports it.
Mick Mulvaney, the OMB Director, has also been very helpful in ensuring that we can use this funding source and that they are supportive of it. We also have support from so many outside groups. I can't name them all, but I want to mention the National Parks Conservation Association. It has been terrific, as have the Pew Charitable Trusts and so many other groups. The Outdoor Industry Association and many more have endorsed it.
Just yesterday, we had a hearing on this legislation in the Senate's Energy and Natural Resources Subcommittee on National Parks. It was chaired by Steve Daines from Montana, who is, by the way, one of the cosponsors of this legislation. Steve Daines is a guy with a personal passion for the parks in his having grown up in the shadow of Yellowstone National Park. We had experts and conservation groups at our hearing who all voiced their support for this legislation.
The director of the Pew Charitable Trusts said it well:
Supporting the bipartisan Restore Our Parks Act is a wise
investment for a National Park System that has overwhelming
support from the American public, that generates hundreds of
thousands of jobs and billions of dollars for the economy
each year, that provides access to world class recreation
opportunities, and that preserve our nation's history.
Well said.
Deb Yandala, who is the CEO of the Conservancy for Cuyahoga Valley National Park and who is also the president of the national association of all of the friends' groups for the parks, said:
Supporters of our national parks across the country are
thrilled with this bill. Addressing deferred maintenance will
greatly improve the visitor experience and go a long way
toward protecting important historic and natural resources in
our parks.
This bill makes sense, and it will help make our national parks even better for the hundreds of millions of visitors every year who take in their beauty and their history. I urge the Senate Committee on Energy and Natural Resources to approve this bill quickly. I know that Senator Murkowski, as chair of that committee, is a strong supporter of our parks, and I know she will be supportive in our moving forward. It is the same with Maria Cantwell, the ranking member. Then I hope the full Senate will vote on this legislation soon--vote on it now--so that we can move forward quickly.
We want to make the second 100 years of our national parks as magnificent and successful as the first 100 years have been. This bill is necessary in our being able to do that. I urge my colleagues to join me in supporting this legislation.
I yield the floor.