December 9, 2019 - Issue: Vol. 165, No. 196 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Pages S6898-S6900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to resume consideration of the following 
nomination, which the clerk will report.
  The bill clerk read the nomination of Patrick J. Bumatay, of 
California, to be United States Circuit Judge for the Ninth Circuit.


             Unanimous Consent Agreement--Calender No. 535

  Mr. McCONNELL. Mr. President, I ask unanimous consent that with 
respect to the Halpern nomination, the motion to reconsider be 
considered made and laid upon the table and the President be 
immediately notified of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              E-Cigarettes

  Mr. CORNYN. Mr. President, after months of headlines about the 
dangers of vaping and a litany of mysterious medical conditions, we hit 
a pretty concerning milestone last week--vaping-related lung injuries 
have now been reported in all 50 States.
  Alaska became State No. 50 with the identification of a teen 
suffering from these illnesses. I said a teen. The teen reported 
regularly vaping both nicotine and THC products, and while I am glad to 
hear the patient is recovering, it highlights the need for immediate 
action to this public health emergency.
  Nationwide, nearly 28 percent of high school students and 1 in 10 
middle school students are using e-cigarettes. That is just to the best 
of our knowledge.
  Folks at home are struggling to respond to these growing numbers, and 
parents and teachers and others are trying to figure out how to get 
their arms around this problem.
  Last year, 19 percent of Texas high school students had used an e-
cigarette in the last 30 days, and all of these recent cases lead me to 
believe that this number has gone up and gone up significantly.
  It is, I believe, a growing epidemic, but folks in North Texas are 
bearing the brunt of it. More than half of all the vaping-related 
injuries at home occurred in North Texas. It is also home to the first 
vaping-related death in the State.
  Last Friday, I visited the University of North Texas Health Science 
Center in Fort Worth to learn more about the dangers of e-cigarettes 
and the community-led efforts to curb their use.
  Let me be clear. When we are talking about adults making choices on 
what to put in their body, I will leave those choices to the individual 
adult, but if we are talking about children exposing themselves to a 
chemical that is addictive, which may lead to a life--even if they 
avoid some of the immediate public health consequences, it may lead to 
a lifetime of addiction and worse.
  We heard from a pulmonary specialist that a lot of kids she talks to 
don't understand the risk of e-cigarettes. They think that because 
these devices aren't subject to the same regulations and restrictions 
as traditional cigarettes, they are somehow different and safer.
  We got to hear from a teen who certainly had that mindset. Sixteen-
year-old high school junior Anna Carey is one of the many students in 
her high school using e-cigarettes, and she admits to becoming rather 
quickly addicted to the nicotine.
  She said she began to display symptoms like those we have seen across 
the country. She was extremely lethargic and would experience random 
and severe pains in her chest.
  Two initial x rays came back clear. So her doctors released her, but 
her symptoms continued. Eventually, she was admitted to the Cook 
Children's Hospital and diagnosed with chemical-induced pneumonia in 
both lungs. That, Anna told us, was her wake-up call.
  I am glad to report that Anna has fully recovered and is using her 
story to help educate and alert her fellow teens from going down the 
same path.
  Everyone who participated in our discussion in Fort Worth last Friday

[[Page S6899]]

agreed that there is no single action or initiative that can put this 
outbreak to rest. We need to work together, not only the Federal 
Government but State and local governments, parents, teachers, and 
communities, to combat this crisis from every angle.
  During our conversations we talked about the need for action by the 
Food and Drug Administration, something our colleagues on the HELP 
Committee have been examining. We also talked about the need to do more 
to educate our kids about the risks of e-cigarette use to stop them 
from picking up these devices in the first place.
  One of the easiest ways we can do that is to make it more difficult 
for children to purchase vaping devices from online retailers, but, 
unfortunately, our current laws make that difficult to enforce. We are 
not talking about changing the age restrictions to purchase these 
devices, but merely the manner in which these devices are purchased in 
a way that avoids the age restrictions on their consumption.
  For traditional cigarettes, consumers are able to make purchases 
online, but there are clear guardrails in place to prevent children 
from skirting the age restrictions. At the time of the delivery, the 
buyer has to sign and show an ID proving that they are an adult. That 
just makes common sense. You have to show an ID when you purchase 
cigarettes at a gas station or convenience store, and it shouldn't be 
any different when you purchase these devices online.
  But e-cigarettes are on a different playing field. As often is the 
case, developments in the real world can outpace Congress's ability to 
respond, and this is, perhaps, a prime example of that.
  Anyone, no matter how old or young, can go online and buy e-
cigarettes and have them delivered to their front door--no questions 
asked, no age verification, no ID, no nothing--and that is wrong.
  Kids can be resourceful, you better believe, in taking advantage of 
this loophole. In fact, a recent survey found that a third of underage 
e-cigarette users bought them online.
  There is no reason why e-cigarettes should be subject to lesser 
restrictions than traditional cigarettes. They are just as addictive 
and dangerous. After hearing from a number of constituents who share my 
concerns about teen vaping, I introduced legislation to make it more 
difficult for our children to get their hands on these devices.
  The Preventing Online Sales of E-Cigarettes to Children Act would put 
in place the same safeguards for e-cigarettes as traditional cigarettes 
purchased online.
  Just to be clear, we are talking about protecting children. We are 
not talking about limiting adults' rights to use these devices.
  This bill would require online retailers to verify the age of a 
customer, release deliveries only to an adult showing a proper ID, and 
to comply with all State and local tobacco taxes.
  These are commonsense reforms, and they have garnered broad 
bipartisan support. More than a quarter of the Senators in this body 
are cosponsors of this bill, and it recently passed by voice vote in 
the House of Representatives. When we are talking about passing 
consensus legislation that makes just common sense, well, this is as 
easy as it comes.
  We need to do everything in our power to turn the tide on this wave 
of addiction to protect our children from these dangerous substances.
  I appreciate Dr. Michael Williams and the folks at the UNT Health 
Science Center for hosting such an important discussion and for their 
work to educate the public on e-cigarettes and the dangers associated 
with their use, particularly by minor children.
  I want to thank my colleagues who have thrown their support behind 
this legislation. It is a bipartisan bill, as demonstrated by the chief 
cosponsors on the other side, Senators Feinstein and Van Hollen.
  I can't imagine why anybody would want to hold such a commonsense 
bill up, and I hope we will be able to send it to the President before 
we head home for the holidays.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ENZI. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Wyoming Women's Suffrage Day

  Mr. ENZI. Mr. President, today I would like to speak on a topic very 
important to my wife Diana, to me, and, for that matter, to all of 
Wyoming, and it should be important to all of America. It is a topic of 
great importance in Wyoming. It is a topic at the core of what makes 
Wyoming the Equality State. It is Wyoming Women's Suffrage Day 
tomorrow.
  I recently had the pleasure of introducing and, along with my friend 
Senator Barrasso, passing S. Res. 430, which recognizes tomorrow, 
December 10, 2019, as Wyoming Women's Suffrage Day.
  Wyoming Women's Suffrage Day celebrates the contribution of women to 
our great State and Wyoming's place in history as the trailblazer for 
women's suffrage. One hundred and fifty years ago, on December 10, 
1869, the Wyoming territory approved the first law in legislative 
history recognizing women's inherent right to vote and to hold public 
office--50 years before the enactment of the 19th Amendment to the 
Constitution in 1920.
  This historic step even preceded Wyoming statehood. The young 
territory granted women the right to vote 20 years before becoming the 
44th State admitted to the Union.
  In fact, when Congress invited Wyoming to join the Union, they 
demanded that women's suffrage be revoked, and the Wyoming 
legislature--an all-men's legislature--said: ``We will remain out of 
the Union 100 years rather than come in without the women.'' This 
pioneering spirit is truly remarkable and something I keep in front of 
my mind every day as I continue my work in the Senate.
  Wyoming was not going to allow the acknowledgement of women's right 
to vote to be ceremonial or artificial. In fact, 1 short year after 
recognizing women's right to vote, women began holding public office 
throughout Wyoming, serving as the first women in the United States to 
do so.
  In 1870, Esther Hobart Morris became the first female justice of the 
peace, serving in South Pass City, WY. That year, Wyoming also saw the 
country's first all-female jury and the first woman bailiff in the 
room, Martha Symon Boies. Later, in 1894, Estelle Reel Meyer became 
Wyoming's superintendent of public instruction--the first female in the 
country to be elected to a statewide position. From 1920 to 1921, 
Jackson, WY, was the first town in the United States governed 
completely by women. These trailblazing women embodied the cowboy 
values we hold dear and showed that Wyoming truly has earned its title 
as an Equality State.

  Just as they did in 1869, women's voices and their votes continue to 
help build our economy and guide our democracy. Throughout history, 
Wyoming has been home to many remarkable women and today still 
recognizes how important women are to the success of the State. This 
continued dedication to being the Equality State has made Wyoming home 
to trailblazing women's organizations, such as the Wyoming Women's 
Legislative Caucus, a nonpartisan caucus that advocates for the support 
and leadership of women in all levels of government, and Climb Wyoming, 
which helps single mothers transition to long-term self-sufficiency 
through better paying jobs, including nontraditional jobs. That is the 
key to Wyoming's economy. Climb Wyoming does this through innovative 
programming that goes far beyond just job training. The Wyoming Women's 
Business Center supports aspiring female entrepreneurs and business 
owners through educational tools to help them plan, start, and grow 
successful businesses. As a former small business owner myself, I know 
how important these businesses are to the fabric of our great State.
  Wyoming Women's Suffrage Day is a testament to the contributions 
women make and have made and will continue to make in Wyoming and the 
values that make our State stand out as an example to the rest of the 
country. I look forward to working with Senator Barrasso and 
Congresswoman Cheney to ensure Wyoming continues to do things the 
cowboy way, striving to

[[Page S6900]]

hold the tradition of excellence and equity and equality well into the 
future.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mrs. Blackburn). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BURR. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Boozman). Without objection, it is so 
ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the nomination 
     of Patrick J. Bumatay, of California, to be United States 
     Circuit Judge for the Ninth Circuit.
         Mitch McConnell, Tom Cotton, John Boozman, Mike Crapo, 
           Thom Tillis, Chuck Grassley, Jerry Moran, Kevin Cramer, 
           John Barrasso, Mike Braun, Joni Ernst, Pat Roberts, 
           John Cornyn, Roy Blunt, John Thune, Lindsey Graham, 
           Roger F. Wicker.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Patrick J. Bumatay, of California, to be United States 
Circuit Judge for the Ninth Circuit, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Idaho (Mr. Risch), the 
Senator from South Dakota (Mr. Rounds), the Senator from Florida (Mr. 
Rubio), the Senator from Nebraska (Mr. Sasse), and the Senator from 
South Carolina (Mr. Scott).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea'' and the Senator from Florida (Mr. 
Rubio) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from New Jersey (Mr. Booker), the Senator from California 
(Ms. Harris), the Senator from Minnesota (Ms. Klobuchar), the Senator 
from Vermont (Mr. Sanders), and the Senator from Massachusetts (Ms. 
Warren) are necessarily absent.
  The PRESIDING OFFICER (Mr. Sullivan). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 47, nays 41, as follows:

                      [Rollcall Vote No. 386 Ex.]

                                YEAS--47

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Lee
     McConnell
     McSally
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Roberts
     Romney
     Scott (FL)
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--41

     Baldwin
     Blumenthal
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hirono
     Jones
     Kaine
     King
     Leahy
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Rosen
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Whitehouse
     Wyden

                             NOT VOTING--12

     Alexander
     Bennet
     Booker
     Harris
     Klobuchar
     Risch
     Rounds
     Rubio
     Sanders
     Sasse
     Scott (SC)
     Warren
  The PRESIDING OFFICER. On this vote, the yeas are 47, the nays are 
41.
  The motion is agreed to.
  The Senator from North Carolina.


                           Order of Procedure

  Mr. TILLIS. Mr. President, I ask unanimous consent that the 
postcloture time on the Bumatay nomination expire at 12:15 p.m. on 
Tuesday, December 10, and that if confirmed, the motion to reconsider 
be considered made and laid upon the table and the President be 
immediately notified of the Senate's action.
  I further ask unanimous consent that notwithstanding rule XXII, 
following the cloture vote on the VanDyke nomination, the Senate 
proceed to legislative session and to the immediate consideration of 
Calendar No. 290, S. 2740. I further ask unanimous consent that there 
be 2 minutes of debate, equally divided between the leaders and their 
designees, and that upon the use or yielding back of that time, the 
bill be considered read a third time and the Senate vote on the passage 
of the bill with no intervening action or debate and that the Senate 
then resume executive session.
  Finally, I ask unanimous consent that at 12 noon, on Wednesday, 
December 11, the Senate proceed to legislative session and to the 
immediate consideration of H.R. 2333, which was received from the 
House, and that the bill be considered read a third time and the Senate 
vote on its passage with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________