Floor Statements

Mr. President, I was unable to cast a vote for rollcall No. 99 in the second session of the 111th Congress--the motion to waive the Budget Act point of order against Vitter amendment No. 3665 to H.R. 4872, the Health Care and Education Reconciliation Act. Had I been present, I would have voted ``no'' on the motion.

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

Mr. President, I rise, along with my colleagues this morning, to draw attention to the growing dysfunction exacted on this institution's ability to confirm both judicial and executive branch nominees.

Having served five terms in the House of Representatives, I have come to expect a certain amount of political revelry and combat. While I was honored to serve in the House, and I have fond memories of the often raucous debates there, I had high expectations that the Senate would truly be a place of deliberation and bipartisan goodwill.

Of late, however, it seems the worst political gamesmanship has infiltrated the Senate. Perhaps the proverb ``the grass is always greener on the other side'' applies here, but I do have to tell you, I think the level of gridlock we have faced in the last year is unprecedented.

We have seen roadblock after roadblock as we have tried to exercise one of the most basic functions of the Senate, that of making sure we have a full complement of Federal judges and ensuring the departments and agencies of the sitting administration are filled with competent public servants.

In contrast, by this date during President Bush's first term in office, the Senate, with a Democratic majority, had confirmed twice as many circuit and district court nominations. The obstruction of present judicial nominees is all the more galling when you note that they were reported by the Judiciary Committee without dissent.

Two weeks ago today, we were forced to invoke cloture on Barbara Milano Keenan to be U.S. circuit judge. Her nomination was held up for months. We finally had to say enough is enough and shut off the filibuster. When we finally voted on cloture, it was invoked 99 to 0, meaning not a single Senator was willing to stand and oppose the nominee.

You know in your State, Mr. President, this is the kind of superficial partisanship the American people are fed up with. In addition to judicial nominees, President Obama's executive branch appointments have suffered from a similar kind of gamesmanship. One would be hard-pressed to find one single department in this administration whose work has not been interrupted by phony delays.

Let me give you an example. After having invoked cloture and overcome a filibuster on Martha Johnson to be the Director of the General Services Administration, not a single Senator was willing to stand in opposition to the nominee. Cloture was invoked and she was confirmed by a 96-to-0 margin.

I know partisanship is rampant in this town, but the American people deserve to know what is happening in the

Senate. We are reaching a heightened level of imprudence, the kind George Washington warned us about in his farewell address in 1796.

In outlaying the principle we first all have an obligation to govern, Washington stated, ``All obstructions to the execution of the national laws [ . . . ] with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities are destructive of this fundamental principle.''

As I close, the American people know this town causes grown men and women to bicker and fight like children. Children have an excuse, they are children. We are not. We can do better, and I urge my colleagues to set aside their partisan differences, end this gridlock, and begin working together for the good of the American people.

I yield the floor.

The PRESIDING OFFICER (Mr. Franken.) The Senator from North Carolina.

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

Mr. President, before I speak to the topic that brought me to the floor tonight, I want to acknowledge the Presiding Officer's remarks on the situation with Lehman Brothers and others on Wall Street. I know that the Senator is on a mission, and nothing would make him happier, nor me happier, if the story of Lehman Brothers is a story that is told for the last time, much less written for the last time.

I listened with great interest to the narrative that is now unfolding, and with that interest also the sense of horror and outrage and anger that the Presiding Officer clearly carries. A crime is a crime, as it was pointed out, whether it is $500 from a cash register or literally billions, in fact trillions of dollars of net worth that we have seen taken from Americans and American families.

I commend the Presiding Officer for his leadership, and I think he put it well when he pointed out if you are too big to fail, you are too big to exist, and too bad. Never again should that happen. So I wanted to acknowledge the Presiding Officer.

Mr. President, I want to speak about a bill that is born from the forward-thinking ideas of our constituents--a bill that will

help spur our Nation's new energy economy and create jobs. To that end, tomorrow I will introduce the Solar Uniting Neighborhoods Act, or the SUN Act.

Last year, I began traveling across Colorado as part of a workforce tour to listen directly to Coloradans and hear their innovative policy ideas to create jobs. These ongoing efforts not only make me proud to be a Coloradan but they help me identify ways the Federal Government can help--or in some cases get out of the way--in supporting economic development and investing in Colorado. The SUN Act comes from directly visiting with Coloradans. It was one of the several job creation proposals developed after I hosted an energy jobs summit last month in Colorado.

Our summit brought together leading clean energy stakeholders from the worlds of business and public interest and government. Many of our top elected officials were there, including Energy Secretary Steven Chu, Governor Bill Ritter, Senator Michael Bennet, and Congressman Ed Perlmutter. They were there to discuss ways to sensibly spur job growth in our emerging clean energy economy. In the coming weeks, I will be introducing further legislation developed in part from the creative ideas that flowed from the clean energy summit.

The SUN Act will bring common sense to our Tax Code, get government out of the way of developing solar energy and spur job growth in every community across the United States. Americans currently qualify for a 30-percent Federal tax credit for the cost of installing solar panels on their homes. These solar panels are a great way to convert sunlight to electricity, and over time they save American families money on their utility bills. A few years ago, I installed panels on my own home to take advantage of the Sun, which is very strong in the great State of Colorado. But I have come to understand that this option isn't available for all American families who want to receive their electricity from solar power. Why? Well, there can be difficulties attaching solar panels to your home, which is why more and more neighborhoods and towns are creating so-called ``community solar'' projects. In those projects, instead of attaching the panels on every roof on the block, an increasing number of families have decided to place those same solar panels together in one open and unobstructed sunny area near their homes. By grouping these solar panels, you can reduce the cost by 30 percent compared to installing a panel or a set of panels on every roof in the neighborhood. Moreover, community solar projects streamline maintenance and optimize energy production by avoiding trees, buildings, and other obstructions. Whether used by neighbors living at the end of a cul-de-sac or developed by a rural energy cooperative, creating these group solar projects to share energy is a great way to lower the cost of making electricity through the marvelous technology of photovoltaic units.

But there is a problem. Our Tax Code gets in the way. Why? Well, we have seen the Federal Tax Code discourage neighborhood solar projects because it requires the panels to be on your property. To put it simply, Federal law is telling Americans they need to have their solar panels affixed to their roofs instead of being able to partner with their neighbors on a community solar project. So this discourages innovation and slows the growth of solar power as an alternative energy source.

Back to the reason why I am introducing the SUN Act. It makes a small change in the Tax Code so that we no longer will be constrained in this innovative solar energy opportunity. By eliminating the requirement that the solar panel be on one individual's property, it frees Americans to work together on community projects where each individual can claim a tax credit on part of a shared project. This simple turnkey solution makes it easier to adopt and use clean renewable energy.

As more and more Americans are realizing, weaning ourselves off sources of foreign energy is a bipartisan imperative no matter what you think about global warming. Back in 2004, Colorado took a big step forward into the emerging clean energy economy when we approved a renewable electricity standard--a so-called RES. I know the Presiding Officer supports such a concept. It wasn't an easy transition. There were a lot of skeptics who feared setting a goal for renewable energy would result in job losses. I remember it well. I cochaired the campaign for this RES in the State of Colorado with the Republican Speaker of our Statehouse, Lola Spradley, who is a close friend. She and I toured the State during election season in a bipartisan effort. It was a surprise to a lot of people, who thought Republicans and Democrats only fight and disagree. We in fact agreed, and we had a wonderful time campaigning together. We passed the RES.

Colorado has initiated other efforts as well and we have easily created over 20,000 jobs. We have the fourth highest concentration of renewable energy and energy research jobs in our country. Estimates are that the solar energy requirement in the RES--because the RES allows for wind, biomass, and other kinds of renewable energies--created over 1,500 jobs.

So what does this tell us? It tells us what we already know well-- that American capitalism can take the seeds of an idea and create positive economic change. So wherever possible, our Federal Government should encourage, not hinder, such entrepreneurial ideas and entrepreneurs.

Other important issues are at play as well. As we find our way out of the current recession, we are witness to the emergence of powerful economic competitors abroad, and we have an increasingly dangerous alliance on foreign fossil fuels. So with these factors in mind for our own economic and national security, Americans must become the world leader in adopting clean energy and creating homegrown jobs.

The story must be told that clean energy is one of the greatest economic opportunities of the 21st century. Fortunately, that is a promise we can meet as the global demand for clean energy is growing by $1 trillion every year. Let me say that again--$1 trillion every year. And what excites me about this bill, like many measures currently being debated here in our Chamber, is that it will create jobs for Americans in every neighborhood where these community solar projects are developed.

This bill reduces many of the barriers which currently prevent Americans from adopting solar energy, opens up new markets and creates a simple structure to allow people to utilize clean energy for their home.

As I close, I can tell you there is nothing more thrilling than making electricity, which I do in my own home. And then, when you need to use it at your home, you use it there. And also, when it is not needed, you send it back on the grid for your neighbors to use. So I urge my colleagues in both parties to join me in supporting this legislation.

I thank the Presiding Officer for his attention.

I yield the floor.

Mr. President, I wish to recognize Latoya Lucas of Colorado Springs, who will be awarded today with the 2009 Tony Snow Public Service Award. This distinction was created to ``honor extraordinary individuals who are passionate about serving their country while dealing courageously with debilitating intestinal diseases and ostomy surgery.''

In 2003, Latoya was a new mother and an Army specialist serving in Operation Iraqi Freedom when her humvee was attacked by rocket- propelled grenades. She thankfully survived the incident, but her injuries resulted in a colostomy and 2 years of intensive rehabilitation. Latoya's brave service has been recognized by such honors and distinctions as the Purple Heart Medal, the Meritorious Service Medal, and the Soroptimist International Woman of Distinction Award. In 2005, she became the first female recipient of the Military Order of the Purple Heart's Region V Patriot of the Year Award.

After her retirement from the Army, Latoya became a motivational speaker and writer to share her remarkable story with others and encourage people to draw strength from their struggles. Latoya's book, ``The Immeasurable Spirit: Lessons of a Wounded Warrior about Faith and Perseverance,'' received the Gold Medal Award from the Military Writers Society of America. Additionally, Latoya is the chair of the Wounded Warrior Welcome Home Social. She has inspired so many others to draw strength from adversity. As Latoya has said, ``There are so many soldiers who come back home with injuries and untold numbers having ostomy surgery. I answer questions they have and show them that they can lead a full life with an ostomy.''

There are thousands of veterans and Active-Duty members who call Colorado home, a fact that is a source of pride for me. Coloradans like Latoya are a testament to the bravery and strength of our veterans and their remarkable ability to deal with life-changing injuries. Latoya has become a leader and a source of strength for fellow citizens who face similar injuries, and I want to thank her for her service to this country. I am proud to have this opportunity to share just some examples of Latoya's bravery and achievements, and I congratulate her and the other Great Comebacks Award recipients.

I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that the Record remain open today until 12:30 p.m. for the submission of statements, adding cosponsors, bill introductions, and the submission of resolutions.

Mr. President, I understand there are two bills at the desk, and I ask for their first reading en bloc.

Mr. President, I now ask for a second reading en bloc, and I object to my own request en bloc.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 2 p.m., Monday, March 1; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and the Senate proceed to a period of morning business until 3 p.m., with Senators permitted to speak therein for up to 10 minutes each; that following morning business, the Senate proceed to the consideration of H.R. 4213, as provided for under the previous order.

Mr. President, there will be no rollcall votes on Monday. The next rollcall vote will be at 12:15 p.m. Tuesday, March 2, on the motion to invoke cloture on the nomination of Barbara Keenan to be U.S. circuit judge for the Fourth Circuit.

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

Mr. President, today I am introducing a bill to improve the management our public lands by increasing the fines and penalties associated with violations of law--and regulation--governing the use of these lands.

Throughout the west, and especially in Colorado, increased growth and development has resulted in an expanded use and enjoyment of our public lands. These uses have, in some cases, stressed the capacity of the public land agencies to adequately control and manage such uses. As a result, many of our public lands are being damaged.

While most users are responsible and law-abiding, some either knowingly or inadvertently violate these rules and damage these precious natural resources, which harms wildlife, increases run-off and sediment loading in rivers and streams, diminishes the enjoyment of other users, and impacts sensitive high-alpine tundra, desert soils, and wetlands. In addition, as we have seen over the past decade, the careless use of fire can catastrophically damage homes and habitat, and can result in the tragic loss of life.

Often times, when these violations occur, the federal public land agencies do not have the authority to charge fines commensurate with the damage that results. For example, under the Federal Land Policy and Management Act of 1976, the Bureau of Land Management is limited to a fine of $1,000 no matter how great the damage. That figure has remained unchanged for a quarter of a century, and does not reflect the fact that in many cases the damage from violations will cost thousands more to repair.

The bill I am introducing today would provide for increased fines for such knowing violations to $100,000, and possible imprisonment, and for other non-willful violations to $5,000. The bill is similar to one that I cosponsored in previous Congresses. The need for this legislation was demonstrated by incidents in several states, including some in Colorado.

For example, in the summer of 2000, two recreational off-road vehicles ignored closure signs while four-wheel driving on Bureau of Land Management land high above Silverton, CO. As a result, they got stuck for five days on a 70 percent slope at 12,500 feet along the flanks of Houghton Mountain.

At first, they abandoned their vehicles. Then, they returned with others to pull them out of the mud and off the mountain. The result was significant damage to the high alpine tundra, a delicate ecosystem that may take thousands of years to recover. As noted

in a Denver Post story about this incident, ``alpine plant life has evolved to withstand freezing temperatures, nearly year-round frost, drought, high winds and intense solar radiation, but it's helpless against big tires.''

Despite the extent of the damage, the violators were only fined $600 apiece--hardly adequate to restore the area, or to deter others.

Another example was an event in the mountains near Boulder, CO, that became popularly known as the ``mudfest.''

Two Denver radio personalities announced that they were going to take their off-road four-wheel drive vehicles for a weekend's outing on an area of private property along an existing access road used by recreational off-road vehicles. Their on-air announcement resulted in hundreds of people showing up and driving their vehicles in a sensitive wetland area, an area that is prime habitat of the endangered boreal toad. As a result, seven acres of wetland were destroyed and another 18 acres were seriously damaged. Estimates of the costs to repair the damage ranged from $66,000 to hundreds of thousands of dollars.

Most of the ``mudfest'' damage occurred on private property. However, to get to those lands the off-road vehicle users had to cross a portion of the Arapaho-Roosevelt National Forest--but the Forest Service only assessed a $50 fine to the two radio disc jockeys for not securing a special use permit to cross the lands.

Again, this fine is not commensurate to the seriousness of the violation or the damage that ensued, and is an ineffective deterrent for future similar behavior.

These are but two examples. And these violations are not just limited to off-road vehicle use. Regrettably, there have been many more such examples not only in Colorado but also throughout the west from a range of public land uses. These examples underscore the nature of the problem that this bill would address. If we are to deter such activity and recover the damaged lands, we need to increase the authorities of the federal public land agencies.

My bill would do just that. Specifically, it would amend the Federal Lands Policy and Management Act and other relevant laws governing the Forest Service, the National Park Service, and the Fish and Wildlife Service to authorize these agencies to assess greater fines on those who violate laws and regulations governing the use of these special lands. The bill would authorize the Secretary of the Interior and the Secretary of Agriculture to assess up to $100,000 in fines, or up to 12 months in jail, or both, for violations of these laws and regulations. In addition, the bill establishes that any reckless use of fire on these public lands shall be punishable by fines of no less than $500.

This bill augments another bill, S. 720, the Federal Land Restoration, Enhancement, Public Education, and Information Resources Act or the Federal Land REPAIR Act, which I have introduced this session with my colleague Senator Bennet. S. 720 would authorize the Secretary of the Interior and the Secretary of Agriculture to apply any funds acquired from violations to the area that was damaged or affected by such violations, and to increase public awareness of the need for proper recreational use of our federal lands.

With the increase in fines established by this bill, along with the authorization to apply these funds to restoring damaged lands under the REPAIR Act, these public land agencies could restore address impacts on these public lands. Specifically, these bills would allow the public land agencies to repair damaged wildlife habitat, replant wetland vegetation, re-vegetate scarred lands, repair trails, roadways, and embankments to stem erosion and restore riparian ecosystems, and install barriers and other security measures to help deter violations in the first place.

Together, these bills can go a long way to giving the federal public land agencies the tools they need to better protect and restore these sensitive and critical lands for the use and enjoyment for generations to come. I ask my colleagues to support this bill.

Mr. President, today I am introducing a bill to improve the management our public lands by increasing the fines and penalties associated with violations of law--and regulation--governing the use of these lands.

Throughout the west, and especially in Colorado, increased growth and development has resulted in an expanded use and enjoyment of our public lands. These uses have, in some cases, stressed the capacity of the public land agencies to adequately control and manage such uses. As a result, many of our public lands are being damaged.

While most users are responsible and law-abiding, some either knowingly or inadvertently violate these rules and damage these precious natural resources, which harms wildlife, increases run-off and sediment loading in rivers and streams, diminishes the enjoyment of other users, and impacts sensitive high-alpine tundra, desert soils, and wetlands. In addition, as we have seen over the past decade, the careless use of fire can catastrophically damage homes and habitat, and can result in the tragic loss of life.

Often times, when these violations occur, the federal public land agencies do not have the authority to charge fines commensurate with the damage that results. For example, under the Federal Land Policy and Management Act of 1976, the Bureau of Land Management is limited to a fine of $1,000 no matter how great the damage. That figure has remained unchanged for a quarter of a century, and does not reflect the fact that in many cases the damage from violations will cost thousands more to repair.

The bill I am introducing today would provide for increased fines for such knowing violations to $100,000, and possible imprisonment, and for other non-willful violations to $5,000. The bill is similar to one that I cosponsored in previous Congresses. The need for this legislation was demonstrated by incidents in several states, including some in Colorado.

For example, in the summer of 2000, two recreational off-road vehicles ignored closure signs while four-wheel driving on Bureau of Land Management land high above Silverton, CO. As a result, they got stuck for five days on a 70 percent slope at 12,500 feet along the flanks of Houghton Mountain.

At first, they abandoned their vehicles. Then, they returned with others to pull them out of the mud and off the mountain. The result was significant damage to the high alpine tundra, a delicate ecosystem that may take thousands of years to recover. As noted

in a Denver Post story about this incident, ``alpine plant life has evolved to withstand freezing temperatures, nearly year-round frost, drought, high winds and intense solar radiation, but it's helpless against big tires.''

Despite the extent of the damage, the violators were only fined $600 apiece--hardly adequate to restore the area, or to deter others.

Another example was an event in the mountains near Boulder, CO, that became popularly known as the ``mudfest.''

Two Denver radio personalities announced that they were going to take their off-road four-wheel drive vehicles for a weekend's outing on an area of private property along an existing access road used by recreational off-road vehicles. Their on-air announcement resulted in hundreds of people showing up and driving their vehicles in a sensitive wetland area, an area that is prime habitat of the endangered boreal toad. As a result, seven acres of wetland were destroyed and another 18 acres were seriously damaged. Estimates of the costs to repair the damage ranged from $66,000 to hundreds of thousands of dollars.

Most of the ``mudfest'' damage occurred on private property. However, to get to those lands the off-road vehicle users had to cross a portion of the Arapaho-Roosevelt National Forest--but the Forest Service only assessed a $50 fine to the two radio disc jockeys for not securing a special use permit to cross the lands.

Again, this fine is not commensurate to the seriousness of the violation or the damage that ensued, and is an ineffective deterrent for future similar behavior.

These are but two examples. And these violations are not just limited to off-road vehicle use. Regrettably, there have been many more such examples not only in Colorado but also throughout the west from a range of public land uses. These examples underscore the nature of the problem that this bill would address. If we are to deter such activity and recover the damaged lands, we need to increase the authorities of the federal public land agencies.

My bill would do just that. Specifically, it would amend the Federal Lands Policy and Management Act and other relevant laws governing the Forest Service, the National Park Service, and the Fish and Wildlife Service to authorize these agencies to assess greater fines on those who violate laws and regulations governing the use of these special lands. The bill would authorize the Secretary of the Interior and the Secretary of Agriculture to assess up to $100,000 in fines, or up to 12 months in jail, or both, for violations of these laws and regulations. In addition, the bill establishes that any reckless use of fire on these public lands shall be punishable by fines of no less than $500.

This bill augments another bill, S. 720, the Federal Land Restoration, Enhancement, Public Education, and Information Resources Act or the Federal Land REPAIR Act, which I have introduced this session with my colleague Senator Bennet. S. 720 would authorize the Secretary of the Interior and the Secretary of Agriculture to apply any funds acquired from violations to the area that was damaged or affected by such violations, and to increase public awareness of the need for proper recreational use of our federal lands.

With the increase in fines established by this bill, along with the authorization to apply these funds to restoring damaged lands under the REPAIR Act, these public land agencies could restore address impacts on these public lands. Specifically, these bills would allow the public land agencies to repair damaged wildlife habitat, replant wetland vegetation, re-vegetate scarred lands, repair trails, roadways, and embankments to stem erosion and restore riparian ecosystems, and install barriers and other security measures to help deter violations in the first place.

Together, these bills can go a long way to giving the federal public land agencies the tools they need to better protect and restore these sensitive and critical lands for the use and enjoyment for generations to come. I ask my colleagues to support this bill.

Mr President, I rise to acknowledge the great contributions of Colorado's African-American community in celebration of Black History Month.

Colorado's African-American community has a long history in our State. From the days of its settlement to modern times, Colorado has benefited from the Black community's hard work and dedication to making Colorado a better place to live.

In contemporary times, we often forget about the diversity of settlers that moved West during the expansion of the United States. But, Black settlers played an active and productive role in the formation of the American West. Many of these settlers found their freedom by moving West and became entrepreneurs, traders, and leaders that helped in the formation of Colorado as a territory and State. Names of early African-American westerners, such as James Beckwourth and ``Aunt'' Clara Brown, echo through Colorado history.

James Beckwourth was a true frontiersman, leading expeditions into Colorado's Rocky Mountains in the 1820s and returning later in the 1830s to serve at Fort Vasquez near Denver. In the 1840s, he cofounded a fort and settlement named Pueblo so he could enter the lucrative trade business along the Santa Fe Trail. This settlement eventually became the city of Pueblo and still serves as a commercial hub for southeast Colorado.

``Aunt'' Clara Brown is another strong African-American figure who fled slavery to establish an independent life in the West. When she reached Colorado in the 1860s, she found a place that rewarded hard work. She earned her living laundering the clothes of miners in Central City and served her community by helping others in need regardless of their race. She was a woman who valued a commitment to her community and to providing opportunity to those who lacked the resources to access it.

These individuals--and countless others--are real examples of the early contributions of African Americans in Colorado and throughout the American West. Yet I do not speak of these individuals so their stories remain in history books or museums, but instead to highlight the continuing efforts and contributions of Colorado's Black community to our State. From the time that James Beckwourth and ``Aunt'' Clara Brown made their way to Colorado along with other Black men, women and children until present day, there have been many other community leaders, public officials, and entrepreneurs who have overcome the struggles of progress. They rose above the challenges of frontier life and those hard times of the great depression. They joined many others to mine Colorado's mineral wealth and forge the steel of Colorado's railways to contribute to Colorado's burgeoning economy. They have fought in every major American war to protect a collective freedom that for so many years they were denied. And they have risen in solidarity to defend the civil rights of every American citizen regardless of the color of their skin.

Today, I am proud to see Colorado's African-American community continue as a vibrant force in our State, just as they can be found in our history.

As I marched recently in Denver's annual Martin Luther King, Jr. ``marade,'' I was reminded of Dr. King's dream of a nation where people are not judged by the color of their skin but by the content of their character. We have made much progress in working to fulfill Dr. King's dream; and it was evident to me, that his message is still being heard.

Mr. President, I hope all Coloradans and Americans can reflect on the contributions of African Americans of our State and throughout our great Nation not only during the Black History Month but in every month of the year.