E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, MONDAY, OCTOBER 2, 2017 No. 157 Senate The Senate met at 3 p.m. and was ate now observe a moment of silence their time, our fellow Americans are called to order by the President pro for the victims of the Las Vegas at- always there to offer what they can tempore (Mr. HATCH). tack. when others are in need. f The PRESIDENT pro tempore. With- We thank these Americans and law out objection, it is so ordered. enforcement and the first responders PRAYER The Senate will now observe a mo- for everything they have done. We The Chaplain, Dr. Barry C. Black, of- ment of silence for the victims of the thank them for their efforts that con- fered the following prayer: attack in Las Vegas. tinue now. Let us pray. (Moment of silence.) We again send our condolences to ev- Eternal Lord God, we lift our hearts The PRESIDING OFFICER (Mr. eryone affected by this terrible trag- to You. Lord, please shower Your YOUNG). The majority leader is recog- edy. mercy on our Nation, as we seek to nized. f deal with the Las Vegas mass shooting. f Please show mercy to the victims and RESERVATION OF LEADER TIME their families. Lord, in spite of this LAS VEGAS MASS SHOOTING The PRESIDING OFFICER. Under horrific act, give us faith to believe Mr. MCCONNELL. Mr. President, the the previous order, the leadership time that evil will not ultimately prevail in news we awoke to this morning was is reserved. our world. May this tragedy motivate heartbreaking. What happened in Las f us to plant and water seeds of peace as Vegas is shocking, it is tragic, and for we cultivate a greater respect for the those affected and their families, it is CONCLUSION OF MORNING laws of seedtime and harvest. Cut in devastating. It is hard to even imagine BUSINESS pieces the cords of wickedness that their pain. I hope they will know that The PRESIDING OFFICER. Morning seek to bind us. we are praying for them now. I hope business is closed. Today, guide our Senators and use they will find strength in the love and f them as ambassadors of reconciliation kindness of those around them in these in our Nation and world. hours of such darkness and pain. I hope EXECUTIVE SESSION Eternal God, although we walk in the they will see that our country is stand- midst of trouble, stretch forth Your ing by their side today. EXECUTIVE CALENDAR hands and revive us with Your might. Many Americans are still in shock. We pray in Your merciful Name. Others have begun to wonder why The PRESIDING OFFICER. Under Amen. someone would do something this ter- the previous order, the Senate will pro- f rible. Investigators will continue their ceed to executive session to resume consideration of the Pai nomination, PLEDGE OF ALLEGIANCE dedicated work in search of answers, but what is clear now is that this is a which the clerk will report. The President pro tempore led the moment for national mourning and for The senior assistant legislative clerk Pledge of Allegiance, as follows: prayer. read the nomination of Ajit Varadaraj I pledge allegiance to the Flag of the Just a moment ago, President Trump Pai, of Kansas, to be a Member of the United States of America, and to the Repub- led the country in observing a moment Federal Communications Commission lic for which it stands, one nation under God, for a term of five years from July 1, indivisible, with liberty and justice for all. of silence. As he noted this morning, we are all grateful for the courageous 2016. f efforts of the first responders. They al- The PRESIDING OFFICER. The Sen- RECOGNITION OF THE MAJORITY ways put their lives on the line to save ator from Utah. LEADER others. They do so with a selflessness LAS VEGAS MASS SHOOTING The PRESIDENT pro tempore. The that reminds us of the inherent cour- Mr. HATCH. Mr. President, there are majority leader is recognized. age and mercy that remains possible a number of issues I wish to speak on f within each of us—light amidst the today, but first I wish to extend my dark, hope in times of terrible grief. most sincere condolences to the vic- MOMENT OF SILENCE FOR THE The same is true of the national spir- tims of violence in Las Vegas. VICTIMS OF THE LAS VEGAS AT- it of compassion that shines through What we witnessed last night was a TACK our country in the moments when it is tragedy without precedent. Today, our Mr. MCCONNELL. Mr. President, I needed most. Whether it is lining up to thoughts are with all those folks who ask unanimous consent that the Sen- donate blood or signing up to volunteer have lost—the families, loved ones, and ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6237 . VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02OC6.000 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6238 CONGRESSIONAL RECORD — SENATE October 2, 2017 friends whose lives will never be the plaint. Elder Hales decided when he ‘‘Mens rea’’ is a Latin phrase mean- same as a result of this shooting. was still a young man that he would ing guilty mind. One of the time-hon- Our hearts are with all of you, and so never let anything get in the way of his ored, fundamental features of our are our prayers. We love you. We stand church service. criminal law is that for a person to be by you today. We ask that God will Following his career in the Air found guilty of a crime, he or she must stand by you always. Force, Elder Hales enrolled at Harvard have committed the act with criminal REMEMBERING ELDER ROBERT D. HALES Business School, where he was called intent or mens rea. In the English com- Mr. President, I wish to pay tribute to serve as Elders Quorum president, mon law, this principle was summa- to Elder Robert D. Hales, a member of one of the most demanding leadership rized in the idea that the act is not cul- the Quorum of the Twelve Apostles of positions in the LDS Church. Because pable unless the mind is guilty. Mens the Church of Jesus Christ of Latter- of his heavy course load, Elder Hales rea requirements protect individuals day Saints. could have easily declined the calling, who commit an illegal act without With his family gathered around his but he gladly accepted it. His wife knowing that their action was wrong bedside, Elder Hales passed away Mary guided him in making this deci- or unlawful. peacefully yesterday afternoon in be- sion. When Elder Hales said he might To give an example, a person who tween sessions of LDS General Con- fail his classes if he agreed to serve as mistakenly retrieves the wrong coat ference. More than a beloved leader, he the Elders Quorum president, Mary from a coatroom does not become a was a caring family man, a powerful said: thief merely because he took some- role model, and a close friend whom I Bob, I would rather have an active priest- thing that wasn’t his but looked like will miss dearly. Today, I wish to pay hood holder than a man who holds a master’s his. Only if he knows that the coat be- tribute to Elder Hales as we remember degree from Harvard. We’ll do both. longs to someone else does he commit a life well-lived. With Mary’s unwavering support, a criminal act. Elder Hales was born on August 4, Elder Hales served successfully as an Unfortunately, many of our current 1932, to Rulon and Vera Hales. He grew Elders Quorum president in addition to criminal laws and regulations contain up on Long Island in a diverse neigh- earning his MBA. He would later go on inadequate mens rea requirements, and borhood, which allowed him to become to work as a high-level executive at some contain no mens rea requirement familiar with a variety of different cul- multiple national corporations. at all. This leaves individuals—inno- tures. Although raised on the east From this formative experience, Bob cent individuals—subject and vulner- coast, Elder Hales always maintained and Mary learned that God would pro- able to prosecution for conduct they strong western roots. He would speak vide for them as long as they put the believed to be lawful at the time. In recent years, as Congress and Fed- fondly of the summers he spent in Utah gospel first. That is why Elder Hales eral agencies have criminalized more bailing hay, riding horses, tending did not hesitate to leave his business behavior, they have often been vague sheep, and herding cattle in the moun- career behind when he was called to about mens rea requirements or even tain pastures. Although Elder Hales serve as a mission president and later silent about mens rea altogether. as an apostle in the Church of Jesus would later become an accomplished In a 2014 Tennessee Law Review arti- Christ of Latter-day Saints. businessman, he was no stranger to cle, Michael Cottone investigated how Elder Hales provided a model of serv- manual labor, and he credited his early many Federal criminal statutes there ant-leadership for all of us to follow.