Mark Udall

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Madam President, I want to start by welcoming my colleagues to what I hope will be a highly productive lameduck session of Congress. We have immense challenges facing our country, but I believe we can come together and accomplish the tasks before us, hopefully in a truly bipartisan way. As the Presiding Officer knows, one of the issues I have been really concerned about for some time is the production tax credit for wind energy, which is known by its acronym of PTC. I would like to acknowledge that the Presiding Officer's State, Minnesota, has a big presence in wind energy. I have come to the floor, as my colleagues know--and maybe, in some of their minds, too often--I come down here every morning we are in session--just about every morning since June--to talk about the importance of extending this job-creating tax credit. The PTC has helped create literally tens of thousands of good-paying middle-class jobs all across our Nation, it has in turn spurred the growth of the wind energy industry, and it has strengthened American manufacturing, which we all deeply care about, and it has helped free us from foreign sources of energy. That is quite a trifecta of successes, make no mistake about it. It has also underlined the fact that energy security is national security. But as the expiration of the PTC draws near--and it draws near at the end of this year--the inaction here in the Congress has brought a dark cloud literally over this important American industry, and our workers are paying the price. Manufacturers across our great Nation and all along the wind industry's supply chain have been forced to lay off thousands of workers just in the past several months, and I wish to share one example. Vestas, which is a leading manufacturer of wind turbines that has a large presence in my home State of Colorado, has laid off hundreds of workers. Literally, hard-working Americans are losing their good-paying jobs because Congress has delayed action to extend this tax credit, which I should point out has broad bipartisan and bicameral support, so both the Senate and the House--both parties-- have support for extending it. Enough is enough. Luckily, we have made some progress. Earlier this year the Senate Finance Committee passed a bipartisan tax extenders bill that would extend a number of important tax provisions, and among them was the production tax credit. Unfortunately, this package, which is critical and is so important to our economy, has sat on the shelf for many months now. As comrades tell me, and I share with you as my colleagues, that is just simply unacceptable. As I mentioned, I have made these regular trips down to the floor, and what I have been able to do is highlight individual States and how the wind industry has created jobs and generated power for each of those individual States. In fact, I am 20 States in and I am nowhere near done, and that is because almost every one of the 50 States has a presence in the wind energy industry. Today I am going to turn to Wisconsin, which has a well-established manufacturing sector historically, and that manufacturing sector has retooled to support the wind industry. In fact, if you look at the map here, Wisconsin has over 22 manufacturing facilities that make parts for the wind energy industry. In addition to the manufacturing sector, Wisconsin has also made big gains in wind power generation. So you can build turbines, blades, the towers, and the cells, but also, if you have a wind resource, you can then harvest that wind. Wisconsin has made big gains in harvesting that wind. The farms there, the wind farms, already provide enough electricity to power 150,000 homes, and the projects that are currently proposed in Wisconsin could multiply that number fourfold. If you look at the economic implications, they are very impressive. In fact, according to the National Renewable Energy Lab, which I have to say is located in Colorado, if even half of the proposed projects were completed, they would provide a cumulative economic benefit of over $1 billion. That is $1 billion. Let's do our part in helping make that investment happen by extending the production tax credit. As I have pointed out, the PTC has helped these Wisconsin facilities prosper and grow, but this looming expiration would threaten some 3,000 jobs that are supported by this industry in Wisconsin. It is also important to note that when the big companies that gain some of the attention in the wind energy world, such as Siemens or Vestas, announce layoffs because of uncertainty over the PTC, there are a lot of other small businesses in the industry that are affected by those decisions. There are literally thousands of parts in a wind turbine--some 8,000, to be exact. So when you see the industry take a step back, a lot of those small businesses are affected, and they feel the downturn as well. We all are really concerned about those families and those communities and the small businesses that are hurt by those sorts of job losses in Wisconsin and all over our country. As I close, Madam President, there is a tremendous amount of work the wind energy industry has done to help restore America's manufacturing base. With all of that potential looming in front of us, we just can't let our inaction stand in the way. My message to all of us is pretty simple. We need to pass the production tax credit as soon as possible. PTC equals jobs, and we need to pass it ASAP. I can't say it enough times. There is no reason for this delay. It has caused the loss of good-paying jobs, and it has set back our energy independence goals. If we don't act soon, foreign competition will get the upper hand and pass us by. There is no question that the rest of the world is moving very quickly to implement their own wind energy projects and to build the wind energy turbines. Let's not let this scenario become a reality. Let's move in the way the Senate Finance Committee has shown us we can move. Let's extend the PTC here in the Senate. I know the House could follow suit. Simply put, let's just pass the production tax credit as soon as possible. If we are focused on the economy, if we are focused on jobs-- it is what we heard from the voters just a short week ago--let's get the production tax credit extended. Madam President, I yield the floor.

Mr. UDALL of Colorado

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

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

Mr. UDALL of Colorado. Mr. President, I rise in support of the Sportsmen's Act of 2012, which is Senate bill No. 3525. This bill is a set of bipartisan proposals that enjoys overwhelming support in the sportsmen's community, and I was glad to see it clear another procedural hurdle just a short time ago. As the majority leader did, I urge my colleagues to give it final approval as quickly as we possibly can. I wish to share some of the reasons why I think it is so important to get this bill to the President's desk. As the name implies, the Sportsmen's Act is focused on helping the Nation's 88 million sports men and women. They want, more than anything, responsible access to Federal lands and the conservation of critical habitat and species and that is exactly what this bill does. By dedicating 1.5 percent of Land and Water Conservation Fund dollars to improve access for hunting, fishing, and other recreational purposes, sportsmen will be able to make better use of our public lands. By giving the States greater flexibility over the use of Federal dollars to build shooting ranges, sportsmen will have more places to safely sharpen their marksmanship skills and sighting their rifles for the hunting season. By reauthorizing many critical habitat investment programs--for example, the North American Wetlands Conservation Act and the Federal Land Transaction Facilitation Act--we are ensuring that sportsmen will have places to continue our proud hunting and fishing heritage. The benefits of the Sportsmen's Act of 2012 will fall most directly on America's hunters and anglers, but outdoor enthusiasts of all stripes will reap the rewards. By improving the outdoor experience of all Americans, I am hoping future generations will more readily take up our outdoor traditions. I know my colleague from Colorado will join me in commending Senator Tester for putting this package together. He has taken ideas from both Democrats and Republicans to create the greatest legislative boon for sportsmen in a generation, and that is why over 50 of the leading sportsmen's groups in our country support his bill. I am particularly grateful to Senator Tester for including a bipartisan provision I authored--the Target Practice and Marksmanship Training Support Act. This act will encourage the development of high- quality public shooting ranges by giving the States greater flexibility over Federal dollars they already receive for certain wildlife restoration and hunter education programs. Since these funds come from an existing excise tax on shooting and archery equipment, this bipartisan proposal doesn't cost our taxpayers a dime and instead simply helps those paying into the system--which are primarily sportsmen--to get a better return on their investment. Earlier this year, I asked our fellow Coloradans to tell me why they support my efforts and why they would like to see more high-quality shooting ranges, and I wish to close with some of their words. Donald, from Pagosa Springs, CO, said: We desperately need a range facility in our area to be able to continue teaching our kids and those who are new to hunting how to safely handle firearms. From Gary, in Aurora, CO: These ranges are not just a place to shoot. I cannot stress this enough as we are seeing more and more clubs closing down: We need more places to teach, enjoy and relax with fellow shooters. So in the spirit of those Coloradans, I urge my colleagues to support the Sportsmen's Act of 2012 and put these bipartisan, commonsense proposals to work for America's sportsmen as soon as possible. I yield the floor, and I suggest the absence of a quorum.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I rise today to pay tribute to the outstanding military service of a group of incredible Coloradans. These World War II veterans each played a role in defending the world from tyranny, truly earning their reputation as the ``greatest generation'' through their service and sacrifice. Now, thanks to an organization dedicated to honoring these veterans for all they have done for us, these great Coloradans came to Washington, DC, to visit the National World War II Memorial, to share their experiences with later generations and to pay tribute to those who gave their lives. It is an honor to have had them here, and I join with all Coloradans in thanking them for all they have done for us. I also want to say a word about the volunteers from Honor Flight of Southern Colorado who made this trip possible. They are great Coloradans in their own right, and their mission to bring our southern Colorado veterans to Washington, DC, is truly commendable. They have been doing great work since their inaugural flight in June 2012, this week bringing another group of American heroes to Washington, DC. The volunteers of Honor Flight of Southern Colorado believe our veteran heroes aren't asking for recognition, but they certainly deserve it. This opportunity to come to Washington is just a small token of appreciation for those who gave so much. I wish to publicly recognize the members of the Southern Colorado Honor Flight who visited their Nation's Capital, many seeing for the first time the memorials their Nation built as a tribute to their selfless service. These are the lucky veterans, the ones who came home. Their war memorials also pay tribute to those who have paid the ultimate price. Today I honor these Colorado veterans on their visit to Washington, DC: From the U.S. Army: Adolph Wolff, Jack Traxler, Earl Clark, Leroy Jensen, James Beham, and Sherwood Gray; from the U.S. Army Air Corps: Howard Casey and Will ``Lew'' Finlaynson; from the U.S. Navy: Raymond Feather, Howard Pease, Pete Demario, James Welty, and Clyde Womer; and from the U.S. Marine Corps: Jess Masias. Our Nation asked a great deal of these individuals: to leave their families to fight in unknown lands against a deadly enemy. And each of these brave Coloradans bravely answered the call, placing themselves between this country and harm. They served our country through dangerous times, when democratic nations and ideals around the world were threatened, and they saved entire continents from falling to fascism and tyranny. Please join me in thanking these Colorado veterans and the volunteers of Honor Flight of Southern Colorado for their tremendous service to an eternally grateful nation.

Mr. UDALL of Colorado

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

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 743. The Presiding Officer laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate, S. 743, entitled ``An Act to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections; to provide certain authority for the Special Counsel; and for other purposes,'' do pass with an amendment.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Senate concur in the House amendment, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the matter be printed in the Record.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 591, which was submitted earlier today.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 2:30 p.m. on Wednesday, November 14, 2012; that following the prayer and the pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day; that the majority leader be recognized, and that the first hour be equally divided and controlled between the two leaders or their designees, with the majority controlling the first half and the Republicans controlling the final half; and the filing deadline for first-degree amendments to S. 3525 be 4 p.m. Wednesday.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, earlier today, cloture was filed on S. 3525, the Sportsmen's Act. Under the rule, the cloture vote will occur on Thursday morning.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. If there is no further business to come before the Senate, I ask unanimous consent it adjourn under the previous order.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I rise today to pay tribute to the outstanding accomplishments of Air Force Space Command. And of course, I offer my deep respect and thanks to the 42,000 men and women who keep constant watch over our most distant skies. These great Americans are responsible for a staggering range of essential missions, and this week, I join them in celebrating the 30th anniversary of the command's creation. Air Force Space Command was established in 1982 as our national leaders recognized the growing need to dominate the space domain to enhance our warfighting capabilities and to better protect our servicemembers. The command's responsibilities and capabilities have steadily increased over the past 30 years to keep pace with technology and foreign threats, and from the outset, those missions have been a critical part of our national defense architecture. All day, every day, Air Force Space Command personnel provide our warfighters with the space-based assets they require at the speed of need. And at the same time, they keep a major portion of our economy, travel, and transportation on track. They fly the GPS satellites that make modern computing, air travel, and precision munitions possible. Air Force Space Command provides our Nation with global ballistic missile early warning and defense. Without Air Force Space Command, there would be no military satellite communications and our meteorological and navigational data would be far less advanced and accurate. These airmen and civilians of Space Command demonstrate amazing technical and scientific proficiency as they conduct space based surveillance, land-based intercontinental ballistic missile operations, and most recently, prosecute a cyber space mission that is growing more essential to our security every day. Their capabilities have strengthened our Nation's homeland defense, allowed disaster relief efforts to be more timely and efficient, and enhanced America's military operational capabilities in all stages of warfare. Simply put, without Air Force Space Command, the strategic and technological advantages enjoyed by both the military and civilian communities in the United States would not be possible. Of course, all of these tremendous accomplishments are due to the remarkable devotion to duty, sacrifice, and dedication displayed by Space Command personnel around the world every day. As we all know, our service men and women, both active duty and those in the Reserve component, aren't simply serving in the military--they are our military. Additionally, civilian members of Air Force Space Command provide the stability and corporate knowledge that's essential to the command's enduring success. Yes, it's a true total force effort. Colorado is the proud home of Air Force Space Command headquarters, but right now, their personnel are deployed to every corner of the globe, providing unparalleled space and cyber space expertise to combatant commanders in every theater of operations. As they celebrate yet another milestone, I would like to honor these patriots for their selfless service and dedication to our Nation's security. On behalf of all Coloradans and to every member of Air Force Space Command, past and present: happy 30th anniversary.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I rise to speak on the amendment I have filed to the House continuing resolution, House Joint Resolution 117, which we are currently considering. I understand that House and Senate leadership came to an agreement that seeks to keep the government running for the next 6 months and I want to applaud their willingness to work in a bipartisan fashion to reach an agreement that avoids a government shutdown. Still, after the House passed this funding bill, I was greatly concerned that emergency funding for Colorado and other states impacted by natural disasters this year was left out. In my state, these funds are essential to protecting and restoring critical watersheds that were damaged by the most devastating wildfires in Colorado's history--which if left unaddressed present serious flooding, landslide and other risks that threaten the lives of residents in our state. My amendment would provide the U.S. Department of Agriculture $27.9 million in emergency funding to mitigate watershed damage through the Emergency Watershed Protection Program, or EWP, in areas that have been presidentially declared disaster areas as authorized under the Stafford Act. As of September 18, 2012, the USDA estimated $126.7 million in funding needs for EWP projects in 15 States. Of that total, $27.9 million is needed to mitigate the aftermath of presidentially declared disaster areas in Louisiana, Florida, Oklahoma and Colorado, as authorized under the Stafford Act. Currently, Stafford Act funds for EWP have been depleted and as I have noted the House Continuing Resolution provided no emergency funds for EWP. Mr. President, the need for this amendment to provide emergency funding is critical and let me tell you why. The two most devastating Colorado fires this season, High Park and Waldo Canyon, burned more than 100,000 acres and led to the catastrophic loss of property and regrettably loss of life. Now as Coloradans pick up the pieces, the burned and barren areas present an additional threat. Without site rehabilitation and restoration, the watersheds that provide municipal and agricultural water supplies are at risk from landslides, flooding and erosion, which could result in serious infrastructure damage, water supply disruptions and even loss of life. Coloradans unfortunately have already experienced some of these effects. For example, in the Poudre River, which drains part of the area burned by the High Park fire, the ash and runoff from the fire caused the water flowing into drinking water filtration plants to turn black. This forced the downstream city of Fort Collins to shut off their water intakes for over 100 days and further downstream the city of Greeley was forced to shut off their water intakes for 36 days and use only a small fraction of their normal intake for an additional 38 days. How much more of an emergency need do we have to show when our most basic resource--drinking water--is threatened? I will give you one more example. After the devastating Waldo Canyon Fire that burned several homes in Colorado Springs and surrounding areas, the flood potential in the burned areas is now 20 times higher than before the fire. So now folks in the burned area and others downstream could see a 100-year flood from the same amount of rainfall that would have caused a 5-year rainfall before the wildfires occurred. Already property owners in the Colorado Springs vicinity have received at least four flash-flood warnings since the fire. The need for stabilizing this ground and restoring the burned areas on both federal and private land is critical to public safety, public health and the prevention of another disaster. This is why I have filed an amendment to provide additional emergency funds to the Emergency Watershed Protection Program. This program provides funding and technical support to restore and stabilize soil in critical watersheds in the aftermath of severe wild fires and other natural disasters, such as floods and hurricanes--which are also important to many members from our coastal states. I understand that there will not be an opportunity to amend the pending bill as a result of an agreement made with the House to avoid a government shutdown, so I will not attempt to call up my amendment. But, I want to ensure that my colleagues here understand the gravity of the situation faced by those who supply safe drinking water to the people of Colorado, by those who store water in our reservoirs to irrigate, and by those who fear a rainfall could devastate their livelihoods again after already experiencing significant loss from wildfire.

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on September 19, 2012, at 2:15 p.m.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet during the session of the Senate on September 19, 2012, at 10:00 a.m. in room 430 of the Dirksen Senate Office Building.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on September 19, 2012, at 9:30 a.m.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on September 19, 2012, at 2:30 p.m. in room 253 of the Russell Senate Office Building, to conduct a hearing entitled, ``Five Years of the America COMPETES Act: Progress, Challenges, and Next Steps.''

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on September 19, 2012, at 9:30 a.m., in room 366 of the Dirksen Senate Office Building.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on September 19, 2012, at 10 a.m. to conduct a hearing entitled ``Homeland Threats and Agency Responses.''

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate on September 19, 2012, at 10 a.m., in room SD-226 of the Dirksen Senate Office Building, to conduct a hearing entitled ``Judicial Nominations.''

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet during the session of the Senate on September 19, 2012, at 2:30 p.m. in room 562 of the Dirksen Senate Office Building to conduct a hearing entitled ``Eliminating Waste and Fraud in Medicare: An Examination of Prior Authorization Requirements for Power Mobility Devices.''

Mr. UDALL of Colorado

Mr. UDALL of Colorado. Madam President, I rise again this morning, as I have for a number of months, to talk about the most important issue facing the American people and this Congress, and that is jobs. A good news story on the jobs front has been our wind energy industry. The wind energy industry has created thousands of good-paying jobs, and it could create thousands more. But the troubling news that goes along with the good news is that the potentially bright future of this industry is uncertain. Why? Because we in the Congress are holding the wind energy industry hostage because we have failed to extend the production tax credit. As I have said every day I have been on the Senate floor since June to discuss this topic, every day that we fail to extend the PTC for wind energy more jobs are put at risk. We have seen this unfortunate reality unfold across the country as predicted, including in my home State of Colorado, where over 100 people have lost their jobs. I don't have to tell my colleagues that when people lose jobs, those job losses negatively affect families and the communities where they live. Just yesterday--it breaks my heart--Siemens Energy announced they are going to lay off more than 600 people in Iowa, Kansas, and Florida. Enough is enough. These layoffs that continue to be announced almost weekly should spur us to extend the wind production tax credit without any further delay. Jobs are at stake. It is that simple. With many Americans already losing their jobs, more jobs are at risk--thousands, literally--if we don't act. Here is my question: Why would we forfeit leadership in an industry that is poised to grow even further? There is no reason we should cede leadership of this important industry to China or anywhere else by letting the production tax credit expire. If we commit to extending the PTC, we will then lead the world in wind power, and here is a part of why I come to the floor every day and talk about particular States. There are few places that is more apparent than in Wyoming. Wyoming has phenomenal wind reserves. If you have driven through Wyoming, you know what I am talking about. If you talk to anybody from Wyoming, they will always ironically say: One of the things we have in excess in Wyoming is wind. The National Global Energy Lab based in Colorado estimates that Wyoming has enough wind power potential to meet 116 times the State's energy needs. To put it another way, that is 25 million homes that would be powered by harnessing wind. Wyoming is well on its way to harnessing its wind potential. Why? Although it ranks 11th in the Nation for installed wind power--which is not a shabby number, frankly--there are plans to nearly quadruple the amount of wind power in the State of Wyoming. Not only would that create thousands of jobs--that goes without saying--it would produce enough electricity to power 1.5 million homes. The construction of those projects will create hundreds of nicely paying renewable energy jobs right in the State of Wyoming. It is no wonder then that the massive wind potential in Wyoming has also attracted investment for manufacturers. To make that point, I want to share a development with you. Last year a plan to build the first wind energy manufacturing facility in Wyoming was announced. It was a joint venture between the Spanish wind manufacturer Gestamp and an Ohio-based company called Worthington Industries. They formed a conglomerate called Gestamp Worthington Wind Steel. The companies announced they would build a facility in Cheyenne, WY, and there would be 150 good-paying jobs attached to that facility. They planned to invest $40 million in the plant. But here is the twist: That project has now been put on hold. Those jobs and the millions in investment that were planned to be directed into Wyoming have been shelved. This isn't an isolated incident. There are wind manufacturing facilities and wind projects across the country where we are seeing exactly the same thing happening, and the reason is clear: uncertainty over the future of the production tax credit. So our inaction in the Congress is putting good-paying American jobs at risk and reducing opportunities for further investments in this growing industry. There is just no reason for it. The PTC has strong support from both sides of the aisle and from both Houses of the Congress. Of course, a broad array of groups in the private sector support the wind energy industry. Yesterday, a group of businesses from across the country wrote to leaders in the House and the Senate urging us to bring up and pass an extension of the PTC as soon as possible. Businesses such as Starbucks and Levi's joined a diverse group of companies, including Colorado's own Aspen Skiing Company and New Belgium Brewery, in urging us in the Congress to work across the divide, work across the aisle, and extend the PTC. These companies understand how positive the production tax credit and our wind industry has been for jobs, national security, and our clean energy economy. They made that case yesterday in their letter. I ask unanimous consent to have printed in the Record a copy of this letter.

Mr. UDALL of Colorado. Madam President, as I conclude I want to remind us that in August, before we adjourned for our month's State work period, our Senate Finance Committee passed legislation that would include an extension of the production tax credit. I was encouraged to see that the committee bridged the partisan divide to advance what is really and truly a commonsense policy that will help our American economy and our middle class. We should build on what the Finance Committee did and take up and pass this legislation as soon as possible. The longer we delay, the more jobs we put at risk and the more our economic recovery is at risk. It is very simple: The production tax credit equals jobs. We should pass it as soon as possible. So, my colleagues, let's work together. Let's find a path forward, and let's pass this critical tax credit as soon as possible. Madam President, I yield the floor, and I suggest the absence of a quorum.