>> lied to the floor of the u.s. senate were to date lawmakers will resume debate on the nomination of the u.s. court of appeals judge for that ninth circuit. a vote to limit bait on the nomination is inspected today at 5:30 p.m. eastern. lied to the floor of the u.s. senate here on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. black, will lead the senate in prayer. the chaplain: let us pray. almighty god, we thank you for all the marvelous things you have already done for our nation and world. marvelous are your works. we're grateful for the beauty of the earth and the glories of the

skies. we praise you for the love that surrounds us and for your mercies that are new each day. lord, guide our senators. may they continue to look to you as their helper, defender, and friend. inspire them to always trust in your unfailing love as they depend on you to do for them what they can't accomplish with their strength alone. we pray in your merciful name. amen. the president pro tempore: please join me in reciting

the pledge of allegiance to our flag. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. mr. grassley: mr. president. pra the senator from iowa. the presiding officer: i ask -- mr. grassley: i ask permission to address the senate for one minute. the presiding officer: without objection.

mr. grassley: my friend senator wyden and i released an updated version of our bipartisan prescription reduction act. that bill will deliver even more savings for seniors and americans with disability. when i say more, more than the bill that was voted out of the senate finance committee on 19-9 vote the last week of july. the bill also helps pay for critical health programs. billions of dollars saved in out of pocket costs are also as a result of the bill and billions of dollars allocated for health care programs that tens of millions of americans rely upon. now, what i just said is accomplished all without spending a dime more of taxpayer dollars. that's because big pharma, our

pharmaceutical industry of the united states, will finally be held accountable. taxpayers shouldn't be put on the hook for unlimited subsidies from the federal treasuries, the big companies making billions in profit. i don't often quote "the washington post" about legislation i put in, but "the washington post" recently said this about our bill. that it was, quote, the drug pricing bill with the best chance of passing congress. end of quote. and over the weekend, president trump applauded the work my friend, senator wyden and i i have done to improve -- and i have done to improve our bipartisan legislation and the president was very supportive of it even before we made these

changes. that's because it's the only significant bipartisan legislation to address the skyrocketing cost of prescription drugs that exist in the congress of the united states today. the senate must demonstrate courage and finally pass this very important bill because very few members of congress can miss the cry of their citizens that drug pricing is too high and they expect congress to do something about it and this bill answers that cry. this bill should soon get a vote. i yield the floor and suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mr. mcconnell: mr. president. the presiding officer: the majority leader. mr. mcconnell: i ask consent

that further proceedings under the quorum call be dispensed with. the presiding officer: would without objection. -- without objection. mr. mcconnell: as the house democratic majority continues to pour their time and attention into impeaching the president, a number of key legislative items remain outstanding. for weeks, my republican colleagues have been pleading with our democratic friends in congress to put aside their impeachment obsession long enough to complete some basic work for the american people. we've explained that american families cannot afford for washington democrats to obsess over impeachment and obstruct the things that we absolutely have to do. so i'm pleased that the last several days have brought at least some initial indications that sanity and progress may be breaking through. we're still a long way from the finish line, but this week begins on a cautiously

optimistic note. it appears that democrats' willingness to block these basic governing items may be finally giving way. the national defense authorization act is our annual must-pass vehicle, laying out congress' plan for addressing military funding and meeting the needs of our service members. it's a responsibility that this body has discharged in a bipartisan manner every year without fail for 58 years. that's why it was so disheartening that democratic leadership in both the house and the senate broke with tradition and used this year's ndaa to process -- the ndaa process to insist on all manner of partisan items, including nongermane guess policy changes. this partisan approach left the future of the pentagon's most urgent missions in the lurch. so i'm encouraged that bicameral

negotiations with participation from the white house reached a conclusion last week. most of the partisan demands predictably fell away. the result is not either side's ideal bill, but it's one that should be able to pass both chambers under the circumstances. i hope the bipartisan conference report will be signed and moved quickly through each chamber so congress can finally fulfill our responsibility to america's armed forces for another year. and then there is the appropriations process. another fundamental responsibility which, for the good of the nation, is historically approached with a bipartisan willingness to find common ground. it seemed like that might again be the case when a bicameral, bipartisan deal was struck by the president and the speaker of the house back in july. but then when negotiations resumed in earnest back in september, some of our

democratic colleagues realized they weren't really ready to part with partisan poison pills. they ignored their own agreement and months of stalemate ensued. fortunately, our appropriators are working hard to salvage the process. last month, chairman shelby and chairwoman lowey and our other colleagues reached a deal on subcommittee allocations, and i understand that their hard work continued in earnest over this past weekend with the goal of producing bills that both chambers could consider before the end of this year. i'm grateful to colleagues on both sides of the aisle for their hard work. i hope this progress continues and we can consider appropriation measures this month. now, there is still one more major piece of bipartisan legislation awaiting action by house democrats. for months, speaker pelosi and house democrats have been

slow-walking president trump's landmark trade agreement with mexico and canada. month after month, house democrats kept 176,000 new american jobs in limbo, but finally, after weeks of a full-court press from republicans in the house and the senate, we're seeing hopeful signals as speaker pelosi's month-long stalling campaign may at long last be coming to an end. reports suggest the speaker may finally allow the house to vote in the near future. for our country's sake, i certainly hope so. so, mr. president, what has been true for months is especially true now that time is short. it is going to take bipartisan collaboration and hard work for any of these outstanding legislative priorities to become law. even if house democrats do finally relent and allow these key priorities to move forward, it's now the 11th hour, and it

will require consent and cooperation for the senate to consider legislation in a timely fashion. i'd ask for that collaborative spirit from my colleagues on both sides here in the senate as we move forward. we republicans have been ready and eager for weeks to legislate on these key priorities. i hope these reports are accurate, that leading democrats may finally, finally be willing to let congress govern, and i hope we can move forward at a brisk pace and in a bipartisan way. the presiding officer: under the previous order, the leadership time is reserved. morning business is closed. under the previous order, the senate will proceed to executive session to resume consideration of the following nomination, which the clerk will report. the clerk: nomination, the judiciary, patrick j. bumatay of california to be united states circuit judge for the ninth circuit.

the presiding officer: the majority leader. mr. mcconnell: i ask that with respect to the hall berlin -- halpern nomination, the motion to reconsider be considered made and laid upon the table and the president be notified of the senate's action. the presiding officer: without objection. the clerk will call the roll. quorum call:

mr. cornyn: mr. president. the presiding officer: the senator from texas. mr. cornyn: i ask unanimous consent that the quorum call be dispensed with. the presiding officer: without objection. mr. cornyn: mr. president, after months of headlines about the dangers of vaping and a litany

of mysterious medical conditions, we have hit a pretty concerning milestone last week. vaping-related lung injuries have now been reported in all 50 states. alaska became the state number 50 with the identification of a teen suffering from these illnesses. i said a teen. the teen reported regularly vaping both nicotine and t.h.c. products, and while i'm glad to hear the patient is recovering, it highlights the need for immediate action to this public health emergency. nationwide, nearly 28% of high school students and one in ten middle school students are using e-cigarettes. that's 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% of texas high

school students had used an e-cigarette in the last 30 days. 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's 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. now, let me be clear. when we're 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's addictive, which may lead to a life -- even if they avoid some of the immediate public health consequences, may lead to a lifetime of addiction and worse. we have 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 mind-set. 16-year-old high school junior anna kerry 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, cold us was her wake-up call. i'm glad to report that anna has nearly fully recovered and is using her story to try 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 agreed that there's no single action or initiative we can put this -- that will put this outbreak to rest. we need to work together, not only the federal government but state and local governments, parents and 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 and 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 vaiping devices from online retailers but unfortunately our country laws make that difficult to enforce. we're not talking about changing the age restrictions to purchase these devices but merely the manner in which these devases are purchased in a -- devices are purchased in a way that it avoids these age le strixes on their con-- restrictions on their consumption. 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 delivery the buyer has to sign and show an

i.d. proving that they're an adult. that just makes common sense. you have to show an i.d. 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 is often the case, developments in the real world can outpace congress' 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 i.d., no nothing. and that's wrong. kids can be resourceful. you better believe they're taking advantage of this loophole. in fact, a recent survey found that a third of underage e-cigarette users bought them online. there's no reason why e-cigarettes should be subject to lesser restrictions than

traditional cigarettes. they're just 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 sale of e-cigarettes to children act would put in place the same safeguards for e-cigarettes as traditional cigarettes purchased online. again just to be clear, we're talking about protecting children. we're not talking about limiting adults' right to use these devices. but this bill would require online retailers to verify age of the customer, release deliveries only to an adult showing a proper i.d., and to comply with all state and local tobacco taxes. these are commonsense reforms and they garner 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're talking about passing consensus legislation that makes just common sense, well, this is as easy as it comes. we need to do everybody in our power to turn the tide on this wave of addition and protect our children from these daing produce substance -- dangerous substances. i appreciate dr. michael williams and the people at the science center for hosting such an important discussion and for their work to help educate the public on e-cigarettes and the dangers associated with their use, particularly by minor children. and i want to thank my colleagues who have thrown their support behind this legislation. it's 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'll be able to send it to the president before we head home

for the holidays. mr. president, i yield the floor and i note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call:

mr. enzi: mr. president? the presiding officer: the senator from wyoming. mr. enzi: mr. president, today i'd like to speak -- the presiding officer: the? the is in a quorum call. mr. enzi: oh. i'd ask unanimous consent that the quorum call be waived. the presiding officer: without objection. mr. enzi: thank you. mr. president, today i'd like to speak on a topic very important to my wife diana, to me and for that matter to all of wyoming and should be important to all of america. it's a topic of great importance in wyoming. it's a topic at the core of what makes wyoming the equality

state. it's wyoming women's suffrage day tomorrow. i recently had the pleasure of introducing and along with my friend senator barrasso passing senate resolution 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 suffrage. 150 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 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 pioneer 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 acknowledgment of women's right to vote to be ceremonial or artificial. in fact, one 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,ether in hobart morris became the first female justice of the peace serving in south pass city, wyoming. that year wyoming also saw the country's first all-female jury and the first women bailiff in the world, martha sigh monday boies. there 1899, estelle meyer became the first superintendent of public instruction, the first in the country female to be elected to state-wide position. from 1920 to 1921, jackson, wyoming, 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 the 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 a quality state has made wyoming home to trailblazing women's organizations like the wyoming women's legislative caucus, a nonpartisan caucus that advocates for the support and leadership of women in all levels of government. climb wyoming which helps single mothers transition to long-term self-sufficiency through better-paying jobs, including nontraditional jobs. that's the key to wyoming's economy. climb of wyoming does this through innovative programming that goes beyond job training. and the women's business center which 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 hold the tradition of excellence and equity and equality well into the future. madam president, i yield the floor. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call. mr. quorum call:

quorum call:

quorum call:

quorum call:

quorum call:

quorum call: mr. burr: mr. president . the presiding officer: the senator from north carolina. mr. burr: mr. president, i ask unanimous consent to vitiate the quorum call. the presiding officer: without objection. mr. burr: and suggest we proceed to regular business. the presiding officer: the question -- the question's on the nomination. the clerk will report the motion to invoke cloture. the clerk: cloture motion, we,

the undersigned senators, in accordance with the provisions of rule 22, do hereby bring to a close debate on the nomination of patrick j. bumatay, of california, to be united states circuit judge for the ninth circuit, signed by 17 senators. 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 on 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. vote:

vote:

vote:

vote:

vote:

the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not, the yeas are 47. the nays are 41. the motion is agreed to. mr. tillis: mr. president. the presiding officer: the senator from north carolina. tillis tillis mr. president, i ask unanimous consent the postcloture time on the biewment nomination expire at 2 p.m. that if confirmed the motion to reconsider be considered made and laid upon the table and the president be notified of the senate's action. i further ask consent noting with standing rule 22 following the vote on the vandyke nomination the senate proceed to the immediate consideration of

calendar number 290, s. 2740, i ask ask consent there be two minutes of debate divided between the leaders or their designees and upon the use or yielding back of that time the bill be considered read a third time and senate vote on the passage of the bill with no intervening action or debate and the senate resume executive session. i ask at 12:00 noon on wednesday, december 11 the senate proceed to legislatives to the immediate consideration of h.r. 23333 received from the house and the bill be considered read a third time and senate vote on passage with no intervening action or debate. the presiding officer: without objection. mr. tillis: thank you. i ask unanimous consent the senate proceed to legislative session and be in a period of morning business with senators permitted to speak therein for up to ten minutes each. the presiding officer: without objection. mr. tillis: mr. president, i ask unanimous consent that the senate proceed to consideration of s. res. 448 submitted earlier today. the presiding officer: the clerk will report. the clerk: senate resolution 448

designating september 3, 2019 as national phenylkenonorida awareness day. the presiding officer: without objection, the senate will proceed to the measure. mr. tillis: i ask unanimous consent the measure be agreed to, the preamble be agreed to and the motions to reconsider be considered made with no intervening action or debate. the presiding officer: without objection. tillis i ask unanimous consent when the senate --. mr. tillis: i ask that following the prayer and pledge, morning hour deemed expired be deemed expired, the time for two leaders be reserved for their use later in the day, morning business be closed and the senate proceed to executive session and resume consideration of the bumatay nomination. finally the senate recess from 12:30 p.m. to 2015 to -- to 2:15 to allow for the conference meetings. the presiding officer: without objection. mr. tillis: if there is no further business to come before

the senate i ask it stand adjourned under the previous order. the presiding officer: the senate stands adjourned until 10:00 a.m. tomorrow. adjourn: number of judicial and executive nominations including student

i'm to the fda commissioner and deputy secondary estate john sullivan to the u.s. ambassador to russia. in the senate returns, live coverage right here in cspan2 two. georgia governor, announces that the executive kelly klausner his choice, to replace you as u.s. senator was leaving congress at the end of the month due to health reasons. he will not be required to run a special election in 2020 of senator isaacson news six-year term. this news conference in atlanta is about 25 minutes. [background sounds] >> goodni