[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[Senate]
[Pages 16813-16814]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

    SENATE RESOLUTION 413--ENCOURAGING STATES TO CONSIDER ADOPTING 
                             COMPREHENSIVE 
LEGISLATION TO COMBAT HUMAN TRAFFICKING AND SLAVERY AND RECOGNIZING THE 
       MANY EFFORTS MADE TO COMBAT HUMAN TRAFFICKING AND SLAVERY

  Mr. CORNYN (for himself, Mr. Schumer, Mr. Graham of South Carolina, 
Mr. Leahy, and Mrs. Clinton) submitted the following resolution; which 
was referred to the Committee on the Judiciary:

                              S. Res. 413

       Whereas it has been nearly 2 centuries since the abolition 
     of the transatlantic slave trade, and well over a century 
     since the ratification of the 13th amendment to the 
     Constitution of the United States;
       Whereas most Americans would be shocked to learn that the 
     institutions of slavery and involuntary servitude continue to 
     persist today--not just around the world, but hidden in 
     communities across the United States;
       Whereas according to Federal Government estimates, 
     approximately 800,000 human beings are bought, sold, or 
     forced across the world's borders each year--including 
     approximately 16,000 human beings into the United States each 
     year--and are coerced into lives of forced labor or sexual 
     servitude that amount to a modern-day form of slavery;
       Whereas the 13th amendment to the Constitution of the 
     United States, ratified in 1865, abolishes the institutions 
     of slavery and involuntary servitude;
       Whereas numerous provisions of chapter 77 of title 18 of 
     the United States Code have criminalized slavery since 1909;
       Whereas the late Senator Paul Wellstone joined in a 
     bipartisan manner with Senator Sam Brownback and many other 
     Senators and Representatives to advance legislation to 
     strengthen those laws, leading to the enactment of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
     seq.), which was signed into law by President Bill Clinton;
       Whereas Congress made further bipartisan improvements to 
     the law when it enacted the Trafficking Victims Protection 
     Reauthorization Act of 2003 (Public Law 108-193), which was 
     signed into law by President George W. Bush;
       Whereas the Department of Justice, under the leadership of 
     its Civil Rights Division, has worked during the Clinton and 
     Bush presidencies to strengthen anti-trafficking laws and to 
     increase its own efforts to combat human trafficking and 
     slavery in light of those recent bipartisan enactments;
       Whereas the Trafficking in Persons Office of the Department 
     of State continues to fight human trafficking around the 
     world;
       Whereas many nongovernmental organizations have made 
     exceptional contributions to the prevention of human 
     trafficking and to the care and rehabilitation of victims of 
     human trafficking;
       Whereas survivors of human trafficking crimes risk their 
     lives and the lives of their families to assist in the 
     investigation and prosecution of their former captors;
       Whereas effective prosecution of human trafficking crimes 
     will not be possible unless adequate protections are offered 
     to the survivors;
       Whereas the fight to eliminate human trafficking and 
     slavery requires the involvement of State and local law 
     enforcement officials, as well as Federal law enforcement 
     efforts;
       Whereas the enactment of comprehensive State laws 
     criminalizing human trafficking and slavery may be necessary 
     to ensure that Federal efforts are accompanied by robust 
     efforts at the State and local levels;
       Whereas the States of Texas, Washington, Missouri, and 
     Florida have recently enacted comprehensive State criminal 
     laws against human trafficking and slavery;
       Whereas the Department of Justice recently announced a 
     comprehensive model State anti-trafficking criminal statute, 
     and encouraged States to adopt such laws, at its first 
     ``National Conference on Human Trafficking,'' held in Tampa, 
     Florida; and
       Whereas the Department of Justice's model State anti-
     trafficking criminal statute is available at the Department's 
     website, http://www.usdoj.gov/crt/crim/model_state_law.pdf: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) supports the bipartisan efforts of Congress, the 
     Department of Justice, and State and local law enforcement 
     officers to combat human trafficking and slavery;
       (2) strongly encourages State legislatures to carefully 
     examine the Department of Justice's model State anti-
     trafficking criminalstatute, and to seriously consider 
     adopting State laws combating human trafficking and slavery 
     wherever such laws do not currently exist;
       (3) strongly encourages State legislatures to carefully 
     examine the Federal benefits and protections for victims of 
     human trafficking and slavery contained in the Trafficking 
     Victims Protection Act of 2000 and the Trafficking Victims 
     Protection Reauthorization Act of 2003, and to seriously 
     consider adopting State laws that, at a minimum, offer these 
     explicit protections to the victims; and
       (4) supports efforts to educate and empower State and local 
     law enforcement officers in the identification of victims of 
     human trafficking.
                                 ______
                                 

    SENATE RESOLUTION 414--ENCOURAGING STATES TO CONSIDER ADOPTING 
 COMPREHENSIVE LEGISLATION TO COMBAT HUMAN TRAFFICKING AND SLAVERY AND 
   RECOGNIZING THE MANY EFFORTS MADE TO COMBAT HUMAN TRAFFICKING AND 
                                SLAVERY

  Mr. CORNYN (for himself, Mr. Schumer, Mr. Graham of South Carolina, 
Mr. Leahy, and Mrs. Clinton) submitted the following resolution; which 
was considered and agreed to:

                              S. Res. 414

       Whereas it has been nearly 2 centuries since the abolition 
     of the transatlantic slave trade, and well over a century 
     since the ratification of the 13th amendment to the 
     Constitution of the United States;
       Whereas most Americans would be shocked to learn that the 
     institutions of slavery and involuntary servitude continue to 
     persist today--not just around the world, but hidden in 
     communities across the United States;
       Whereas according to Federal Government estimates, 
     approximately 800,000 human beings are bought, sold, or 
     forced across the world's borders each year--including 
     approximately 16,000 human beings into the United States each 
     year--and are coerced into lives of forced labor or sexual 
     servitude that amount to a modern-day form of slavery;
       Whereas the 13th amendment to the Constitution of the 
     United States, ratified in 1865, abolishes the institutions 
     of slavery and involuntary servitude;
       Whereas numerous provisions of chapter 77 of title 18 of 
     the United States Code have criminalized slavery since 1909;
       Whereas the late Senator Paul Wellstone joined in a 
     bipartisan manner with Senator Sam Brownback and many other 
     Senators and Representatives to advance legislation to 
     strengthen those laws, leading to the enactment of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
     seq.), which was signed into law by President Bill Clinton;
       Whereas Congress made further bipartisan improvements to 
     the law when it enacted the Trafficking Victims Protection 
     Reauthorization Act of 2003 (Public Law 108-193), which was 
     signed into law by President George W. Bush;
       Whereas the Department of Justice, under the leadership of 
     its Civil Rights Division, has worked during the Clinton and 
     Bush presidencies to strengthen anti-trafficking laws and to 
     increase its own efforts to combat human trafficking and 
     slavery in light of those recent bipartisan enactments;
       Whereas the Trafficking in Persons Office of the Department 
     of State continues to fight human trafficking around the 
     world;
       Whereas many nongovernmental organizations have made 
     exceptional contributions to the prevention of human 
     trafficking and to the care and rehabilitation of victims of 
     human trafficking;
       Whereas survivors of human trafficking crimes risk their 
     lives and the lives of their families to assist in the 
     investigation and prosecution of their former captors;
       Whereas effective prosecution of human trafficking crimes 
     will not be possible unless adequate protections are offered 
     to the survivors;
       Whereas the fight to eliminate human trafficking and 
     slavery requires the involvement of State and local law 
     enforcement officials, as well as Federal law enforcement 
     efforts;
       Whereas the enactment of comprehensive State laws 
     criminalizing human trafficking and slavery may be necessary 
     to ensure that Federal efforts are accompanied by robust 
     efforts at the State and local levels;
       Whereas the States of Texas, Washington, Missouri, and 
     Florida have recently enacted comprehensive State criminal 
     laws against human trafficking and slavery;
       Whereas the Department of Justice recently announced a 
     comprehensive model State anti-trafficking criminal statute, 
     and encouraged States to adopt such laws, at its first 
     ``National Conference on Human Trafficking,'' held in Tampa, 
     Florida; and
       Whereas the Department of Justice's model State anti-
     trafficking criminal statute is available at the Department's 
     website, http://www.usdoj.gov/crt/crim/model_state_law.pdf: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) supports the bipartisan efforts of Congress, the 
     Department of Justice, and State and local law enforcement 
     officers to combat human trafficking and slavery;
       (2) strongly encourages State legislatures to carefully 
     examine the Department of Justice's model State anti-
     trafficking criminal statute, and to seriously consider 
     adopting

[[Page 16814]]

     State laws combating human trafficking and slavery wherever 
     such laws do not currently exist;
       (3) strongly encourages State legislatures to carefully 
     examine the Federal benefits and protections for victims of 
     human trafficking and slavery contained in the Trafficking 
     Victims Protection Act of 2000 and the Trafficking Victims 
     Protection Reauthorization Act of 2003, and to seriously 
     consider adopting State laws that, at a minimum, offer these 
     explicit protections to the victims; and
       (4) supports efforts to educate and empower State and local 
     law enforcement officers in the identification of victims of 
     human trafficking.
                                 ______
                                 

SENATE CONCURRENT RESOLUTION 129--ENCOURAGING THE INTERNATIONAL OLYMPIC 
COMMITTEE TO SELECT NEW YORK CITY AS THE SITE OF THE 2012 OLYMPIC GAMES

  Mr. SCHUMER (for himself and Mrs. Clinton) submitted the following 
concurrent resolution; which was referred to the Committee on Commerce, 
Science, and Transportation:

                            S. Con. Res. 129

       Whereas the Olympic Games further the cause of world peace 
     and understanding;
       Whereas the country hosting the Olympic Games performs an 
     act of international goodwill;
       Whereas if New York City were chosen to host the 2012 
     Olympic Games, there would be a substantial local, regional, 
     and national economic impact, which would include 7 years of 
     international sports events, meetings, and related nationwide 
     tourism activity in New York City;
       Whereas the Olympic movement celebrates competition, fair 
     play, and the pursuit of dreams;
       Whereas the United States and, in particular, New York 
     City, celebrate these same ideals; and
       Whereas New York City has never hosted the Olympic Games: 
     Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) encourages the International Olympic Committee to 
     choose New York City as the site of the 2012 Olympic Games; 
     and
       (2) hopes that the United States will be selected as the 
     host country of the 2012 Olympic Games, and pledges its 
     cooperation and support for their successful fulfillment in 
     the highest Olympic tradition.
                                 ______
                                 

SENATE CONCURRENT RESOLUTION 130--EXPRESSING THE SENSE OF CONGRESS THAT 
  THE SUPREME COURT OF THE UNITED STATES SHOULD ACT EXPEDITIOUSLY TO 
RESOLVE THE CONFUSION AND INCONSISTENCY IN THE FEDERAL CRIMINAL JUSTICE 
 SYSTEM CAUSED BY ITS DECISION IN BLAKELY v. WASHINGTON, AND FOR OTHER 
                                PURPOSES

  Mr. HATCH (for himself, Mr. Leahy, Mrs. Feinstein, Mr. Schumer, Mr. 
Durbin, Mr. Craig, Mr. Biden, Mr. Feingold, Mr. Kennedy, and Mr. 
DeWine) submitted the following concurrent resolution; which was 
considered and agreed to:

                            S. Con. Res. 130

       Whereas Congress enacted the Sentencing Reform Act of 1984 
     to provide certainty and fairness in sentencing, avoid 
     unwarranted disparities among defendants with similar records 
     found guilty of similar offenses, and maintain sufficient 
     flexibility to permit individualized sentences when 
     warranted;
       Whereas Congress established the United States Sentencing 
     Commission as an independent commission in the Judicial 
     branch of the United States to establish sentencing policies 
     and practices for the Federal criminal justice system that 
     meet the purposes of sentencing and the core goals of the 
     Sentencing Reform Act;
       Whereas Congress has prescribed both statutory minimum and 
     statutory maximum penalties for certain offenses and the 
     Sentencing Reform Act authorizes the Sentencing Commission to 
     promulgate guidelines and establish sentencing ranges for the 
     use of a sentencing court in determining a sentence within 
     the statutory minimum and maximum penalties prescribed by 
     Congress;
       Whereas the statutory maximum penalty is the maximum 
     penalty provided by the statute defining the offense of 
     conviction, including any applicable statutory enhancements, 
     and not the upper end of the guideline sentencing range 
     promulgated by the Sentencing Commission and determined to be 
     applicable to a particular defendant;
       Whereas both Congress and the Sentencing Commission 
     intended the Federal Sentencing Guidelines to be applied as a 
     cohesive and integrated whole, and not in a piecemeal 
     fashion;
       Whereas in Mistretta v. United States, 488 U.S. 361 (1989), 
     the Supreme Court of the United States upheld the 
     constitutionality of the Sentencing Reform Act and the 
     Federal Sentencing Guidelines against separation-of-powers 
     and non-delegation challenges;
       Whereas in Blakely v. Washington, 124 S. Ct. 2531 (2004), 
     the Supreme Court held that the sentencing guidelines of the 
     State of Washington violated a defendant's Sixth Amendment 
     right to trial by jury;
       Whereas despite Mistretta and numerous other Supreme Court 
     opinions over the past 15 years affirming the 
     constitutionality of various aspects of the Guidelines, the 
     Blakely decision has raised concern about the continued 
     constitutionality of the Federal Sentencing Guidelines;
       Whereas the Blakely decision has created substantial 
     confusion and uncertainty in the Federal criminal justice 
     system;
       Whereas the lower Federal courts have reached inconsistent 
     positions on the applicability of Blakely to the Federal 
     Sentencing Guidelines;
       Whereas there is a split among the circuit courts of appeal 
     as to the applicability of Blakely to the Federal Sentencing 
     Guidelines, and the Second Circuit Court of Appeals has 
     certified the question to the Supreme Court;
       Whereas the orderly administration of justice in pending 
     and resolved trials, sentencings and plea negotiations has 
     been affected by the uncertainty surrounding the 
     applicability of the Blakely decision to the Federal 
     Sentencing Guidelines;
       Whereas the current confusion in the lower Federal courts 
     has and will continue to produce results that disserve the 
     core principles underlying the Sentencing Reform Act;
       Whereas two and one-half weeks after the Supreme Court 
     issued its decision in Blakely, the Senate Judiciary 
     Committee convened a hearing to consider the implications of 
     the decision for the Federal criminal justice system; and
       Whereas the Department of Justice, the Sentencing 
     Commission, and others advised the Committee that corrective 
     legislation was not necessary at this time, with the hope 
     that the Supreme Court would clarify the applicability of its 
     Blakely decision to the Federal Sentencing Guidelines in an 
     expeditious manner: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), Thatit is the sense of Congress that the Supreme 
     Court of the United States should act expeditiously to 
     resolve the current confusion and inconsistency in the 
     Federal criminal justice system by promptly considering and 
     ruling on the constitutionality of the Federal Sentencing 
     Guidelines.

                          ____________________