[Congressional Record (Bound Edition), Volume 151 (2005), Part 8]
[Senate]
[Pages 11662-11671]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. CANTWELL:
  S. 1162. A bill to amend title 10 and 38, United States Code, to 
repeal the 10-year limits on use of Montgomery GI Bill educational 
assistance benefits, and for other purposes; to the Committee on 
Veterans' Affairs.
  Ms. CANTWELL. Mr. President, I rise today to talk about an investment 
program in lifelong education for our service members and veterans. The 
Montgomery GI Bill is consistently cited as an important reason people 
join the military. The GI Bill continues to be one of the most 
important benefits of military service today. There is no reason why 
100 percent of our active duty, selected reserve, and veteran 
servicemembers shouldn't be taking advantage of their earned education 
benefits.
  That is why I'm introducing the ``GI Bill for Life Act of 2005,'' 
which would allow Montgomery GI Bill participants an unlimited time to 
use their earned benefits.

[[Page 11663]]

  The MGIB is a program that provides up to 36 months of education 
benefits for educational opportunities ranging from college to 
apprenticeship and job training, and even flight training. Upon 
enlistment, the GI Bill also requires service members to contribute 
$100 per month for their first 12 months of services.
  Basically, the MGIB is divided into two programs. One program targets 
active duty and veteran members, paying over $1,000 per month to 
qualified students. That's more than $36,000 for school. The other is 
directed at the Selected Reserve. This program provides educational 
benefits of $288 per month, for a total of $10,368.
  If recruits are overwhelmingly declaring that education opportunity 
under the GI Bill is the key incentive for them to join the military, 
then it makes sense that most--if not all--of our troops, who signed up 
for the program, would also be cashing in on their benefits. But 
reports show that the majority, 40-60 percent, do not actually use the 
benefits they earned.
  Currently, MGIB participants have up to 10 years from their release 
date from the military to use their earned education benefits. Members 
of the Selected Reserve are able to use their MGIB benefits for 14 
years. However, that means your earned education benefits expire if you 
don't I use them within the required timeframe, closing your window of 
opportunity to go to school or finish your college education. Plus you 
lose the $1,200 dedicated for your GI Bill during your first year of 
enlistment.
  Originally, the intent of 1944 GI Bill of Rights was to help veterans 
successfully transition back into civilian life--as education is the 
key to employment opportunities. Looking back now, we know that the GI 
Bill opened the door to higher education, helping millions of service 
members and veterans who wouldn't otherwise have had the chance to pay 
for college. That is, servicemembers benefited from the GI Bill because 
they used the payments within the 10- and 14 year limitation.
  But there are many others who did not use their earned education 
benefits within that timeframe. For example, after leaving the 
military, some servicemembers postponed going to school because they 
had to go straight to work in order to support their family. Others 
unfortunately, were either homeless or incarcerated for long periods of 
time due to disability associated with military service--but are now 
ready to move forward in their lives, and going back to school is their 
first step. In some cases, due to random life circumstances, some 
people just lost track of time. Additionally, because of misinformation 
and bureaucratic language, the GI Bill is known as a complicated 
program to navigate.
  A constituent of mine, Ruben Ruelas--who is a Local Veterans 
Employment Representative (LVER) for the WorkSource in Wenatchee, 
Washington--wrote to me saying, ``It's been my experience that most 
people don't know what they want to do in life or are placed in 
situations where, due to changing economic times, they are displaced 
and need further education and training to compete for jobs. But most 
don't have access to training resources to do so.''
  In terms of Vietnam Era veterans, Mr. Ruelas goes on to say, ``[m]any 
50 year olds are unemployed, untrained and uneducated and could use 
their educational benefits to improve their skills to compete for 
better jobs. Many have come to realize, too late, that they need 
college or retraining and don't have the resources to do so.''
  While times have changed remarkably, one thing remains constant: 
education is critical to employment opportunity. In the 21st Century 
global labor market, enhancing skills through education and job 
training is now more important than ever. The need for retraining is 
even more underscored for our military service members and veterans.
  My legislation, the GI Bill for Life, would ensure that educational 
opportunities are lifelong, allowing service members and veterans the 
flexibility to seek education and job training opportunities when it is 
the right time for them to do so.
  Higher education not only serves as an individual benefit, but 
positive externalities have transpired: the GI Bill was instrumental in 
building our country's middle class and continues to help close the 
college education gap.
  Today, employers are requiring higher qualifications from the 
workforce. The Bureau of Labor Statistics reports that six of the ten 
fastest-growing occupations require an associate's degree or bachelor's 
degree. By 2010,40 percent of all job growth will require some form of 
postsecondary education. While a highly skilled workforce is one 
characteristic of the new economy, working for one employer throughout 
a lifetime is no longer routine, but rather an evanescent feature. 
According to findings by Brigham Young University, the average person 
changes jobs or careers eight times in his or her lifetime. To keep up 
with these trends, expanding access to education and training is a must 
do in the 21st Century global marketplace.
  A 1999 report by the Congressional Commission on Service members and 
Veterans Transition Assistance stated that the GI Bill of the future 
must include the following: provide veterans with access to post-
secondary education that they use; assist the Armed forces in 
recruiting the high-quality high school graduates needed; enhance the 
Nation's competitiveness by further educating American veterans, a 
population that is already self-disciplined, goal-oriented, and 
steadfast and attract the kind of service members who will go on to 
occupy leadership positions in government and the private sector
  Eliminating the GI Bill 10- and 14-year limitation for service 
members, veterans, and Selected Reserve moves one step toward improving 
the MGIB. The GI Bill for Life would allow MGIB members, including 
qualified Vietnam Era Veterans the flexibility to access their earned 
education benefits at any time.
  As the nation's economy continues to recover and grow stronger, the 
GI Bill will continue to be the primary vehicle keeping our active duty 
service members and veterans of military service on track, helping to 
ensure our country's prosperity.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Akaka):
  S. 1165. A bill to provide for the expansion of the James Campbell 
National Wildlife Refuge, Honolulu County, Hawaii; to the Committee on 
Environment and Public Works.
  Mr. INOUYE. Mr. President, I rise today to introduce the James 
Campbell National Wildlife Refuge Expansion Act of 2005, and ask 
unanimous consent that the text of the bill be printed in the Record.
  The James Campbell National Wildlife Refuge is the premier endangered 
Hawaiian waterbird recovery area in the northern portion of the Island 
of Oahu. It supports all four endangered Hawaiian waterbirds and a 
variety of migratory shorebirds and waterfowl. The expansion of James 
Campbell National Wildlife Refuge under my bill would provide for 
wildlife and habitat protection, and would also resolve issues 
associated with the hydrology of the Kahuku floodplain.
  The expansion would restore historical wetland habitat and form the 
largest managed freshwater wetland on Oahu. It would connect the two 
existing units of the Refuge and create a protected flyway between them 
to provide essential habitat for four endangered waterbird species and 
migratory waterbirds. It would also protect the last remaining large 
scale coastal dune ecosystem on Oahu and preserve native strand plants 
and protect coastal wildlife such as threatened green sea turtles, 
seabirds, migratory shorebirds, and possibly the endangered Hawaiian 
monk seal. Support facilities could be constructed on upland areas to 
support environmental education and interpre-
tation programs, visitor services, and habitat management programs. All 
land proposed for the expansion is owned by the Estate of James 
Campbell, a willing seller.
  Heavy floods occur frequently in this area, devastating residents who 
live in the adjacent town of Kahuku. Because of the location and 
natural function of

[[Page 11664]]

this historical floodplain, the land acquisition also serves as the 
crucial component for the proposed Kahuku flood control project by 
increasing the capacity of the area to drain and preserving the 
floodwater retention of these wetlands.
  This habitat restoration proposal represents the most significant 
wetland enhancement project ever undertaken in Hawaii. By combining 
effective flood control, wetland development, endangered species 
conservation, environmental education, and visitor opportunities, 
benefits provided will serve not only the local communities, but also 
Hawaii residents and visitors for generations to come.
  I hope my colleagues will join me in supporting this non-
controversial legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``James Campbell National 
     Wildlife Refuge Expansion Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the United States Fish and Wildlife Service manages the 
     James Campbell National Wildlife Refuge for the purpose of 
     promoting the recovery of 4 species of endangered Hawaiian 
     waterbirds;
       (2) the United States Fish and Wildlife Service leases 
     approximately 240 acres of high-value wetland habitat 
     (including ponds, marshes, freshwater springs, and adjacent 
     land) and manages the habitat in accordance with the National 
     Wildlife Refuge System Improvement Act (16 U.S.C. 668dd note; 
     Public Law 105-312);
       (3) the United States Fish and Wildlife Service entered 
     into a contract to purchase in fee title the land described 
     in paragraph (2) from the estate of James Campbell for the 
     purposes of--
       (A) permanently protecting the endangered species habitat; 
     and
       (B) improving the management of the Refuge;
       (4) the United States Fish and Wildlife Service has 
     identified for inclusion in the Refuge approximately 800 
     acres of additional high-value wildlife habitat adjacent to 
     the Refuge that are owned by the estate of James Campbell;
       (5) the land of the estate of James Campbell on the Kahuku 
     Coast features coastal dunes, coastal wetlands, and coastal 
     strand that promote biological diversity for threatened and 
     endangered species, including--
       (A) the 4 species of endangered Hawaiian waterbirds 
     described in paragraph (1);
       (B) migratory shorebirds;
       (C) waterfowl;
       (D) seabirds;
       (E) endangered and native plant species;
       (F) endangered monk seals; and
       (G) green sea turtles;
       (6) because of extensive coastal development, habitats of 
     the type within the Refuge are increasingly rare on the 
     Hawaiian islands;
       (7) expanding the Refuge will provide increased 
     opportunities for wildlife-dependent public uses, including 
     wildlife observation, photography, and environmental 
     education and interpretation; and
       (8) acquisition of the land described in paragraph (4)--
       (A) will create a single, large, manageable, and 
     ecologically-intact unit that includes sufficient buffer land 
     to reduce impacts on the Refuge; and
       (B) is necessary to reduce flood damage following heavy 
     rainfall to residences, businesses, and public buildings in 
     the town of Kahuku.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (2)  Refuge.--The term ``Refuge'' means the James Campbell 
     National Wildlife Refuge established pursuant to the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. EXPANSION OF REFUGE.

       (a) Expansion.--The boundary of the Refuge is expanded to 
     include the approximately 1,100 acres of land (including any 
     water and interest in the land) depicted on the map entitled 
     ``James Campbell National Wildlife Refuge-Expansion'', and on 
     file in the office of the Director.
       (b) Boundary Revisions.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary may make such 
     minor modifications to the boundary of the Refuge as the 
     Secretary determines to be appropriate to--
       (1) achieve the goals of the United States Fish and 
     Wildlife Service relating to the Refuge; or
       (2) facilitate the acquisition of property within the 
     Refuge.
       (c) Availability of Map.--
       (1) In general.--The map described in subsection (a) shall 
     remain available for inspection in an appropriate office of 
     the United States Fish and Wildlife Service, as determined by 
     the Secretary.
       (2) Notice.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register and any publication of local circulation in 
     the area of the Refuge notice of the availability of the map.

     SEC. 5. ACQUISITION OF LAND AND WATER.

       (a) In General.--Subject to the availability of 
     appropriated funds, the Secretary may acquire the land 
     described in section 4(a).
       (b) Inclusion.--Any land, water, or interest acquired by 
     the Secretary pursuant to this section shall--
       (1) become part of the Refuge; and
       (2) be administered in accordance with applicable law.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 1166. A bill to extend the authorization of the Kalaupapa National 
Historical Park Advisory Commission; to the Committee on Energy and 
Natural Resources.
  Mr. AKAKA. Mr. President, I rise today to introduce a bill to 
reauthorize the Kalaupapa National Historical Park Advisory Commission, 
an advisory group to Kalaupapa National Historical Park. The park was 
established by statute in 1980, P.L. 96-565, to provide for the 
preservation of the nationally and internationally significant 
resources of the Kalaupapa settlement on the island of Molokai in the 
State of Hawaii--the residents, culture, history, and natural 
resources. The purpose of the park is to provide a well-maintained 
community in which the Kalaupapa Hansen's disease patients are 
guaranteed that they may remain at Kalaupapa as long as they wish, and 
to protect the current lifestyle of these patients and their individual 
privacy. The Act provides that the preservation and interpretation of 
the settlement be managed and performed by patients and Native 
Hawaiians to the extent practical.
  Section 108 of the enacting legislation establishes the Kalaupapa 
National Historical Park Advisory Commission consisting of 11 members, 
appointed by the Secretary of the Interior for terms of five years. 
Seven of the members are patients or former patients elected by the 
patient community. Four members are appointed from recommendations made 
by the Governor of Hawaii, and at least one of these is Native 
Hawaiian. The appointments are not compensated.
  The Advisory Commission is an important body providing input and 
advice to the Secretary of the Interior on policy concerning visitation 
to the park and other matters. It is remarkable that 25 years have 
passed since enactment of the bill establishing the park and 
Commission; and at the end of the 2005 calendar year, the Advisory 
Commission expires. It is important to continue the work of the 
Commission, which is to provide a voice for the patients and residents 
to be heard on matters concerning their home. I and my cosponsor 
Senator Inouye urge favorable consideration of this legislation in a 
timely fashion, so that the Commission can continue its business and 
advisory functions.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1166

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF AUTHORIZATION.

       Section 108(e) of the Act entitled ``An Act to establish 
     the Kalaupapa National Historical Park in the State of 
     Hawaii, and for other purposes'' (16 U.S.C. 410jj-7) is 
     amended by striking ``twenty-five years from'' and inserting 
     ``on the date that is 45 years after''.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 1168. A bill to amend section 212 of the Immigration and 
Nationality Act to make inadmissible individuals who law enforcement 
knows, or has reasonable grounds to believe, seek entry into

[[Page 11665]]

the United States to participate in illegal activities with criminal 
gangs located in the United States; to the Committee on the Judiciary.
  Mr. NELSON of Florida. Mr. President, I wish to bring to the 
attention of the Senate a serious threat to the security of our Nation. 
Criminal gangs, originally from Central America, are infiltrating 
several major cities in this country and threatening the safety and 
security of our citizens.
  MS-13, also known as Mara Salvatrucha, is a brutal and violent gang 
responsible for horrific acts of violence. MS-13 gang members are 
identified by the various tattoos on their bodies. They have origins in 
El Salvador, but you find they are frequently found now in Honduras, El 
Salvador, and Nicaragua. This gang uses extreme acts of violence to try 
to intimidate people, not only in Central America but in America 
itself. According to the Bureau of Immigration, Customs and 
Enforcement, MS-13 poses the greatest threat to Los Angeles, New York, 
Baltimore, Newark, the Washington, DC, area, and Miami. MS-13 has been 
active in increasing their numbers here in the United States by 
assisting other members enter the United States from Central America. 
Federal authorities provide that there are between 8,000 and 10,000 
members of MS-13 in the United States and my concern is that if we 
don't act now to stop them, they will be able to get a toe-hold here in 
the United States and significantly increase their membership and 
horrific form of violence.
  What is some of that violence? According to law enforcement 
officials, MS-13 has been involved in murder, extortion, robbery, rape, 
drug trafficking and human smuggling throughout the United States. Here 
in the Washington, DC, area, for example, two members of MS-13 were 
found guilty of the stabbing and throat slashing murder of a 17-year-
old government witness who was 7 months pregnant at the time of her 
gang-ordered execution. And to apparently to send some kind of message 
of intimidation, the gang members disfigured her corpse. Many of their 
crimes also involve drug trafficking and could very well expand to arms 
trafficking. And, who knows whether their crimes will soon extend into 
the terrorist network itself that we are so concerned about. The Bureau 
of Immigration, Customs and Enforcement reports that there has been 
speculation of links between MS-13 and international terrorist groups 
like al-Qaida. The F.B.I. is investigating these rumors of a possible 
link, but to date has discovered no evidence establishing this link.
  In Honduras, MS-13 members murdered 28 women and children 2 days 
before Christmas. Their victims were on a bus returning home after 
having gone to shopping for Christmas gifts; some of the children were 
still clutching the Christmas gifts they had just purchased with their 
mothers. The purpose of this horrific act of violence was to intimidate 
the Government of Honduras from cracking down on these gangs.
  Over the recess last week, I went to Honduras with our Four Star 
General, the Combatant Commander of the United States Southern Command.
  We went there to meet with the Honduran President Ricardo Maduro, and 
our ambassador, Ambassador Palmer, to try to have a better 
understanding of this problem, and what we should do not only to help a 
country such as Honduras that is trying to get its arms around these 
gangs and to stop the violence but to keep this from spreading into the 
United States.
  As a result of what I have learned, and the exceptional threat this 
gang poses to United States, I am filing legislation today that will do 
a couple of things. First, it will give our consular officers in law an 
automatic reason to reject entry into the United States for anyone they 
know, or have reasonable grounds to believe, is a member of one of 
these gangs. Secondly, this legislation I am filing would up the 
penalty for anyone smuggling one of these gang members into the United 
States from 1 to 10 years.
  I am also cosponsoring legislation with the senior Senator from 
California which goes after gang violence by trying to give additional 
Federal assistance to local law enforcement as they try to grapple with 
this.
  I have a good example. In south Florida last week, after I had 
returned from Honduras, I met with the joint task force of multiple 
levels of law enforcement--city, the county, sheriff deputies, the 
Feds, and the State--that has formed a joint team to attack this 
problem and to try to keep these gangs, specifically MS-13, from 
getting a toe-hold in south Florida. We hope if we are successful in 
Florida it will be an example to the rest of the country, and with the 
increased penalties offered by this legislation, it will give our law 
enforcement and our consular officers additional tools to stamp out 
this violence, this gang-related activity that could lead itself very 
much into the hands of the terrorists who are trying to exact so much 
harm upon us as a country and as a people. The time to act to stop the 
spread of this gang is now, before they are able to spread their web of 
violence to more cities and areas within the United States. I hope that 
my colleagues will join me and support this bill.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Sununu, Mr. Leahy, Mr. Akaka, 
        Mr. Jeffords, and Mr. Wyden):
  S. 1169. A bill to require reports to Congress on Federal agency use 
of data-mining; to the Committee on the Judiciary.
  Mr. FEINGOLD. Mr. President, I am pleased today to introduce the 
Federal Agency Data-Mining Reporting Act of 2005. I want to thank 
Senator Sununu for cosponsoring this bill. He has consistently been a 
leader on privacy issues, and I am very pleased to work with him on 
this effort. I also want to thank Senators Leahy, Akaka, Jeffords and 
Wyden for their support of the bill.
  The controversial data analysis technology known as data-mining is 
capable of reviewing millions of both public and private records on 
each and every American. The possibility of government law enforcement 
or intelligence agencies fishing for patterns of criminal or terrorist 
activity in these vast quantities of digital data raises serious 
privacy and civil liberties issues--not to mention questions about the 
effectiveness of these types of searches. But more than two years after 
Congress first learned about the Defense Department's program called 
Total Information Awareness, there is still much we do not know about 
the Federal government's other work on data-mining., We found out last 
year from a GAO report that there are 199 Federal data-mining programs, 
122 of which rely on personal information and 29 of which are for the 
purpose of investigating terrorists or criminals, but we don't know the 
details of those programs. This is information we need to have. 
Congress should not be learning the details about data-mining programs 
after millions of dollars are spent testing or using data-mining 
against unsuspect- ing Americans.
  Coupled with the expanded domestic surveillance already undertaken by 
this Administration, the unchecked, secret use of data-mining 
technology threatens one of the most important values that we are 
fighting for as we combat terrorism--freedom. My bill would require all 
Federal agencies to report to Congress within 90 days and every year 
thereafter data-mining programs developed or used to find a pattern 
indicating terrorist or other criminal activity and how these programs 
implicate the civil liberties and privacy of all Americans. If 
necessary, information in the various reports could be classified.
  Let me clarify what this bill does not do. It does not have any 
effect on the government's use of commercial data to conduct 
individualized searches on people who are already suspects. It does not 
end funding for any program, determine the rules for use of data-mining 
technology, or threaten any ongoing investigation that uses data-mining 
technology.
  My bill would simply provide Congress with information about the 
nature of the technology and the data that will be used. The Federal 
Agency

[[Page 11666]]

Data-Mining Reporting Act would require all government agencies to 
assess the efficacy of the data-mining technology and whether the 
technology can deliver on the promises of each program. In addition, my 
bill would make sure that Congress knows whether the Federal agencies 
using data-mining technology have considered and developed policies to 
protect the privacy and due process rights of individuals.
  With complete information about the current data-mining plans and 
practices of the Federal government, Congress will be able to conduct a 
thorough review of the costs and benefits of the practice of data-
mining on a program-by-program basis and make considered judgments 
about which programs should go forward and which should not. Congress 
will also be able to evaluate whether new privacy rules are necessary.
  Data-mining could rely on a combination of intelligence data and 
personal information like individuals' traffic violations, credit card 
purchases, travel records, medical records, communications records, and 
virtually any information contained in commercial or public databases. 
Congress must conduct oversight to make sure that government agencies 
like the Department of Homeland Security, the Department of Justice, 
and the Department of Defense use these types of sensitive personal 
information appropriately.
  Furthermore, data-mining is unproven in this area. The government 
argues that data-mining can help locate potential terrorists before 
they strike. But we do not, today, have evidence that data-mining will 
prevent terrorism. In fact, some technology experts have warned that 
data-mining is not the right approach for the terrorism problem. The 
financial world has successfully used data-mining to identify people 
committing fraud because it has data on literally millions, if not 
billions, of historical financial transactions. And the banks and 
credit card companies know, in large part, which of those past 
transactions have turned out to be fraudulent. So when they apply 
sophisticated statistical algorithms to that massive amount of 
historical data, they are able to make a pretty good guess about what a 
fraudulent transaction might look like in the future.
  We do not have that kind of historical data about terrorists and 
sleeper cells. We have just a handful of individuals whose past actions 
can be analyzed, which makes it virtually impossible to apply the kind 
of advanced statistical analysis required to use data-mining in this 
way. That doesn't mean we should stop the Federal government from 
attempting to solve that problem, but it raises serious questions about 
whether data-mining will ever be able to locate an actual terrorist. 
Before the government starts reviewing personal information about every 
man, woman and child in this country, we should learn what data-mining 
can and can't do--and what limits and protections are needed.
  We must also bear in mind that there will inevitably be errors in the 
underlying data. Everyone knows people who have had errors on their 
credit reports--and that is the one area of commercial data where the 
law already imposes strict accuracy requirements. Other types of 
commercial data are likely to be even more inaccurate. Even if the 
technology itself were effective, I am very concerned that innocent 
people could be ensnared because of mistakes in the data that make them 
look suspicious. The recent rise in identity theft, which creates even 
more data accuracy problems, makes it even more important that we 
address this issue.
  Most Americans believe that their private lives should remain 
private. Data-mining programs run the risk of intruding into the lives 
of individuals who have nothing to do with terrorism or other criminal 
activity and understandably do not want their credit reports, shopping 
habits and doctor visits to become a part of a gigantic computerized 
search engine operating without any controls or oversight.
  The Administration should be required to report to Congress about the 
impact of the various data-mining programs now underway or being 
studied, and the impact those programs may have on our privacy and 
civil liberties, so that Congress can determine whether the proposed 
benefits of this practice come at too high a price to our privacy and 
personal liberties.
  I urge my colleagues to support this bill. All it asks for is 
information to which Congress and the American people are entitled.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1169

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Agency Data-Mining 
     Reporting Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     whereas--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government for purposes other than 
     intelligence or law enforcement;
       (B) a department or agency of the Federal Government or a 
     non-Federal entity acting on behalf of the Federal Government 
     is conducting the query or search or other analysis to find a 
     predictive pattern indicating terrorist or criminal activity; 
     and
       (C) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available via the Internet or available by any other means to 
     any member of the public without payment of a fee, or 
     databases of judicial and administrative opinions.

     SEC. 3. REPORTS ON DATA-MINING ACTIVITIES BY FEDERAL 
                   AGENCIES.

       (a) Requirement for Report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data-mining technology shall each 
     submit a report to Congress on all such activities of the 
     department or agency under the jurisdiction of that official. 
     The report shall be made available to the public.
       (b) Content of Report.--A report submitted under subsection 
     (a) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (1) A thorough description of the data-mining technology 
     and the data that is being or will be used.
       (2) A thorough description of the goals and plans for the 
     use or development of such technology and, where appropriate, 
     the target dates for the deployment of the data-mining 
     technology.
       (3) An assessment of the efficacy or likely efficacy of the 
     data-mining technology in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the technology.
       (4) An assessment of the impact or likely impact of the 
     implementation of the data-mining technology on the privacy 
     and civil liberties of individuals.
       (5) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used with the data-mining technology.
       (6) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such technology for data-mining in 
     order to--
       (A) protect the privacy and due process rights of 
     individuals; and
       (B) ensure that only accurate information is collected, 
     reviewed, gathered, analyzed, or used.
       (7) Any necessary classified information in an annex that 
     shall be available to the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, and the 
     Committee on Appropriations of the Senate and the Committee 
     on Homeland Security, the Committee on the Judiciary, and the 
     Committee on Appropriations of the House of Representatives.
       (c) Time for Report.--Each report required under subsection 
     (a) shall be--
       (1) submitted not later than 90 days after the date of the 
     enactment of this Act; and
       (2) updated once a year and include any new uses or 
     development of data-mining technology.
                                 ______
                                 
      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1170. A bill to establish the Fort Stanton-Snowy River National 
Cave Conservation Area; to the Committee on Energy and Natural 
Resources.

[[Page 11667]]


  Mr. DOMENICI. Mr. President, I rise today to introduce legislation to 
protect the recent discovery of a natural wonder in my home State of 
New Mexico. That discovery is a passage within the Fort Stanton Cave 
that contains what can only be described as a magnificent white river 
of calcite. I am pleased to be joined in this effort by my colleague 
from New Mexico, Senator Bingaman.
  Many locals are familiar with the Fort Stanton Cave in Lincoln 
County, NM. Exploration of the cave network dates back to at least the 
1850s, when troops stationed in the area began visiting the caverns. 
That exploration has continued into the 21st century, and in 2001 led 
to a unique discovery of a two-mile long continuous calcite formation 
by BLM volunteers.
  We have not found a formation of this size anywhere else in New 
Mexico or perhaps even in the United States. In addition to the beauty 
of this discovery, I am particularly excited about the scientific and 
educational opportunities associated with the find. This large, 
continuous stretch of calcite may yield valuable research opportunities 
relating to hydrology, geology, and microbiology. In fact, there may be 
no limits to what we can learn from this snow white cave passage.
  It is not often that we find something like the calcite formation 
recently discovered at Ft. Stanton. I believe this find is worthy of 
study and our most thoughtful management and conservation.
  My legislation does the following: 1. creates a Fort Stanton-Snowy 
River Cave Conservation Area to protect, secure and conserve the 
natural and unique features of the Snowy River Cave. 2. instructs the 
BLM to prepare a map and legal description of the Snowy River cave, and 
to develop a comprehensive, long-term management plan for the cave 
area. 3. authorizes the conservation of the unique features and 
environs in the cave for scientific, educational and other public uses 
deemed safe and appropriate under the management plan. 4. authorizes 
the BLM to work hand in hand with colleges, universities, scientific 
institutions, and researchers to further our understanding of the 
geologic, hydrologic, mineralogical, and biologic significance of Snowy 
River. 5. protects the caves from mineral and mining leasing 
operations; and 6. protects existing surface uses at Fort Stanton.
  New Mexico is home to many natural wonders, and I am proud to play a 
role in the protection of this newest unique discovery in my State. I 
hope my colleagues will join with me in approving the Fort Stanton-
Snowy River National Cave Conservation Area Act. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1170

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Stanton-Snowy River 
     National Cave Conservation Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Fort Stanton-Snowy River National Cave Conservation 
     Area established by section 3(a).
       (2) Management plan.--The term ``management plan'' means 
     the management plan developed for the Conservation Area under 
     section 4(c).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL 
                   CAVE CONSERVATION AREA.

       (a) In General.--There is established the Fort Stanton-
     Snowy River National Cave Conservation Area in Lincoln 
     County, New Mexico, to secure, protect, and conserve 
     subterranean natural and unique features and environs for 
     scientific, educational, and other appropriate public uses.
       (b) Boundaries.--The Conservation Area shall include--
       (1) the minimum subsurface area necessary to provide for 
     the Fort Stanton Cave, including the Snowy River passage in 
     its entirety (which may include other significant caves); and
       (2) the minimum surface acreage, as determined by the 
     Secretary, that is necessary to provide access to the cave 
     entrance.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Conservation Area.
       (2) Effect.--The map and legal description of the 
     Conservation Area shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of 
     the Conservation Area shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 4. ADMINISTRATION OF CONSERVATION AREA.

       (a) In General.--The Secretary shall administer the 
     Conservation Area--
       (1) in accordance with the laws (including regulations) 
     applicable to public land and the management plan required by 
     this Act; and
       (2) in a manner that provides for--
       (A) the conservation and protection of the natural and 
     unique features and environs for scientific, educational, and 
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the 
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses and new uses of 
     the Conservation Area that do not substantially impair the 
     purposes for which the Conservation Area is established;
       (D) the protection of new caves within the Conservation 
     Area, such as the Snowy River passage within Fort Stanton 
     Cave;
       (E) the continuation of such uses on the surface acreage as 
     exist under management action in place prior to designation 
     of the Conservation Area by this Act; and
       (F) scientific investigation and research opportunities 
     within the Conservation Area, including through partnerships 
     with colleges, universities, schools, scientific 
     institutions, researchers, and scientists to conduct research 
     and provide educational and interpretive services within the 
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all 
     Federal surface and subsurface land within the Conservation 
     Area and all land and interests in the surface and subsurface 
     land that are acquired by the United States after the date of 
     enactment of this Act for inclusion in the Conservation Area, 
     are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal 
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any 
     other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in 
     studies of the land and resources within or adjacent to the 
     Conservation Area; and
       (D) engage in a cooperative agreement with Lincoln County, 
     New Mexico, to address the historical involvement of the 
     local community in the interpretation and protection of the 
     resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--
       (1) In general.--The fact that an activity or use is not 
     permitted inside the Conservation Area shall not preclude--
       (A) the conduct of the activity on land, or the use of land 
     for the activity, outside the boundary of the Conservation 
     Area, consistent with other applicable laws (including 
     regulations); or
       (B) any activity or use, including new uses, on the surface 
     land above the Conservation Area or on any land appurtenant 
     to that surface land.
       (2) Management.--The surface land described in paragraph 
     (1)(B) shall continue to be managed for multiple uses in 
     accordance with all applicable laws (including regulations).
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities 
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the State of New Mexico and other 
     institutions and organizations to carry out the purposes of 
     this Act.
       (f) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation of any water right.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

[[Page 11668]]


                                 ______
                                 
      By Mr. SPECTER (for himself, Mr. Bayh, Ms. Collins, Mr. Johnson, 
        Mrs. Murray, Mr. Feingold, and Mr. Wyden):
  S. 1171. A bill to halt Saudi support for institutions that fund, 
train, incite, encourage, or in any other way aid and abet terrorism, 
and to secure full Saudi cooperation in the investigation of terrorist 
incidents, and for other purposes; to the Committee on Foreign 
Relations.
  Mr. SPECTER. Mr. President, I have sought recognition to offer 
legislation to halt Saudi Arabia's support for institutions that fund, 
train, incite or in any other way aid and abet terrorism, and to secure 
full Saudi cooperation in the investigation of terrorist incidents and 
organizations.
  Despite the Saudi government's attempts to show otherwise, a growing 
amount of evidence indicates that Saudi Arabia has provided only 
lackluster support for U.S. investigations into terrorist networks, 
such as al Qaeda. Mounting documentation and reports have revealed that 
since the attacks of September 11, 2001, Saudi citizens have provided 
significant amounts of financial support to al Qaeda, Hamas, and other 
terrorist organizations. The Saudi government continues to use direct 
and indirect means to support organizations that propagate hate and 
incite terror around the world.
  United Nations Security Council Resolution 1373, adopted in 2001, 
mandates that all states ``refrain from providing any form of support, 
active or passive, to entities or persons involved in terrorist acts . 
. . take the necessary steps to prevent the commission of terrorist 
acts . . . deny safe haven to those who finance, plan, support, or 
commit terrorist acts . . . ensure that any person who participates in 
the financing, planning, preparation or perpetration of terrorist acts 
or in supporting terrorist acts is brought to justice'' and that member 
countries ``afford one another the greatest measure of assistance in 
connection with criminal investigations or criminal proceedings 
relating to the financing or support of terrorist acts.'' I would like 
to share some findings with my colleagues that I believe paint a clear 
picture that Saudi Arabia has failed to comply with this U.N. standard.
  Saudi Arabia's lack of cooperation with the United States is not a 
post
9/11 phenomenon. At the time of the Khobar Towers bombing in 1996, I 
chaired the Senate Intelligence Committee. I visited Dhahran and had 
the opportunity to inspect the results of the car bomb which killed 
nineteen of our airmen and injured 400 others. In that situation, U.S. 
investigators were denied the opportunity to interview the suspects. I 
personally met with Crown Prince Abdullah of Saudi Arabia and requested 
that the FBI be permitted to speak with suspects in custody. Crown 
Prince Abdullah denied my request and informed me that the United 
States should not meddle in Saudi internal affairs. The murder of 
nineteen U.S. airmen and the wounding of 400 more hardly qualifies as a 
Saudi internal affair.
  A joint committee of the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives issued a report on July 24, 2003, which found ``a 
number of U.S. Government officials complained to the Joint Inquiry 
about a lack of Saudi cooperation in terrorism investigations both 
before and after the September 11 attacks.'' With regard to dealing 
with Saudi officials, General Counsel of the Treasury Department, David 
Aufhau-
ser, testified on July 23, 2002, that ``there is an almost intuitive 
sense, however, that things are not being volunteered. So I want to 
fully inform you about it, that we have to ask and we have to seek and 
we have to strive.''
  The Saudi Government has asserted its right to question Saudi 
nationals captured by U.S. forces in Afghanistan, yet according to a 
September 15, 2003 issue of Time Magazine, the Saudi Government denied 
``U.S. officials access to several suspects in custody, including a 
Saudi in detention for months who had knowledge of extensive plans to 
inject poison gas in the New York City subway system.''
  In a June 2004 report entitled ``Update on the Global Campaign 
Against Terrorist Financing'', the Council on Foreign Relations 
reported that ``we find it regrettable and unacceptable that since 
September 11, 2001, we know of not a single Saudi donor of funds to 
terrorist groups who have been publicly punished.''
  Additionally, the National Commission on Terrorist Attacks Upon the 
United States, also referred to as the 9/11 Commission, interviewed 
numerous military officers and government officials who repeatedly 
listed Saudi Arabia as a prime place for terrorists to set up bases. 
``In talking with American and foreign government officials and 
military officers on the front lines fighting terrorists today, we [9/
11 Commission] asked them: If you were a terrorist leader today, where 
would you locate your base? Some of the same places come up again and 
again on their lists . . . the Arabian Peninsula, especially Saudi 
Arabia.''
  The U.S. should not be in the position of begging for information and 
expending time and energy pleading for assistance from Saudi Arabia on 
matters of such great importance to our national security.
  In the case of funneling funds to terrorist organizations, Saudi 
Arabia cannot be permitted to turn a blind eye to the millions of 
dollars its citizens funnel to radical organizations. It sends a 
message to the U.S. that they are not serious about stemming the flow 
of support for terror and it sends a message to their own people that 
this type of behavior is tolerated.
  The New York Times reported on September 17, 2003, that ``at least 
fifty percent of Hamas's current operating budget of about $10 million 
a year comes from people in Saudi Arabia.'' In a July 3, 2003 report, 
The Middle East Media Research Institute (MEMRI) reported that various 
Saudi organizations have funneled over four billion dollars to finance 
the Palestinian intifada that began in September 2000.
  The 9/11 Commission also clearly stated that ``Saudi Arabia's society 
was a place where al Qaeda raised money directly from individuals 
through charities.''
  In testimony presented to the Senate Judiciary Committee in July 
2003, David Aufhauser, General Counsel of the Treasury Department, was 
asked if the trail of money funding terrorists led back to Saudi 
Arabia. He indicated that ``in many cases it is the epicenter.''
  Not only has the government failed to halt the hemorrhaging of 
terrorist funds from its citizens, but its own leadership has 
reportedly provided significant support for terrorist organizations. 
Saudi Arabia must begin by getting its own house in order which 
includes rooting out those of its leaders and those in its government 
who are fanning the fire of hate. According to the aforementioned MEMRI 
report, ``for decades the royal family of the Kingdom of Saudi Arabia 
has been the main financial supporter of Palestinian groups fighting 
Israel.''
  In addition to financial support, Saudi Arabia, through its various 
domestic and foreign institutions, has supported the spread of radical 
ideology. A report released on January 28, 2005 by Freedom House's 
Center for Religious Freedom found that Saudi Arabia is the state most 
responsible for the propagation of material promoting hatred, 
intolerance, and violence within United States mosques and Islamic 
centers, and that these publications are often official publications of 
a Saudi ministry or distributed by the Embassy of Saudi Arabia in 
Washington, DC.
  Freedom House also found that ``while the government of Saudi Arabia 
claims to be `updating' or reforming its textbooks and study materials 
within the Kingdom, its publications propagating an ideology of hatred 
remain plentiful in some prominent American mosques and Islamic 
centers, and continue to be a principal resource available to students 
of Islam within the United States.''
  One such document Freedom House collected from a Herndon, Virginia 
mosque, distributed by the Cultural

[[Page 11669]]

Department of the Saudi Arabian Embassy in Washington, was found to 
contain ``virulent denunciations of Christians and of the infidelity of 
their beliefs and practices. It offers intricate guidelines concerning 
the proper relations Muslims should have with non-Muslims while they 
reside in the latter's `lands of shirk and kufr' (i.e. lands of 
idolatry and infidelity).'' The report also found a fatwa in a Saudi 
Embassy publication condemning tolerant Muslims and ``is followed by 
selective Koranic verses that spell out the infidelity of Jews and 
Christians and condemn them to the eternal fires of hell.''
  In a May 2003 report on Saudi Arabia, the United States Commission on 
International Religious Freedom found ``some Saudi government-funded 
textbooks used both in Saudi Arabia and also in North American Islamic 
schools and mosques have been found to encourage incitement to violence 
against non-Muslims.'' The Commission further found ``offensive and 
discriminatory language in Saudi government-sponsored school textbooks, 
sermons in mosques, and articles and commentary in the media about 
Jews, Christians, and non-Wahhabi streams of Islam.''
  The September 13, 2003 issue of Time Magazine reported eighth and 
ninth grade Saudi textbooks which read ``that Allah cursed Jews and 
Christians and turned some of them into apes and pigs . . . and that 
Judgment Day will not come until the Muslims fight the Jews and kill 
them.''
  Time also, found that ``many of the Taliban, who went on to rule much 
of Afghanistan, were educated in Saudi-financed madaris in Pakistan.'' 
In the September 2003 issue of Time Magazine, a former Saudi diplomat, 
Mohammed al-Khilewi, stated that ``the Saudi government spends billions 
of dollars to establish cultural centers in the U.S. and all over the 
world'' and that they ``use these centers to recruit individuals and to 
establish extreme organizations.'' It is no surprise that it is from 
these fertile grounds that fifteen of the nineteen 9/11 hijackers were 
born and radicalized.
  To be successful in the global war on terrorism we need the proactive 
and full cooperation of all nations--especially those who consider 
themselves allies of the United States.
  The Saudi Government must provide complete, unrestricted and 
unobstructed cooperation to the United States in the investigation of 
terrorist organizations and individuals. This bill directs the 
President to certify to Congress that the Government of Saudi Arabia is 
fully cooperating with the United States in investigating and 
preventing terrorist attacks, has closed permanently all Saudi-based 
terror organizations, has ended funding for any offshore terrorist 
organization, and has made all efforts to block funding from private 
Saudi citizens and entities to offshore terrorist organizations. If 
Saudi Arabia fails to take such steps, this legislation will require 
the President to prohibit certain exports to Saudi Arabia and restrict 
the travel of Saudi diplomats. This legislation permits the President 
to waive such sanctions if he determines it is in the national security 
interest of the United States.
  Two major objectives in the Global War on Terrorism are to deny 
terrorists safe haven and to eradicate the sources of terrorist 
financing. We cannot be successful in this war by ignoring the problem 
Saudi Arabia presents to our security. The government of Saudi Arabia 
can no longer remain idle while its citizenry continues to provide the 
wherewithal for terrorist groups with global reach nor can it continue 
to directly facilitate and support institutions that incite violence.
  President Bush has stated that the United States ``will challenge the 
enemies of reform, confront the allies of terror, and expect a higher 
standard from our friends.'' The 108th Congress passed, and the 
President signed, the Syrian Accountability Act. I believe the Saudis 
are a much greater threat to U.S. interests than the Syrians and there 
ought to be a very firm approach to our relationship with the Saudi 
Government. The 9/11 Commission recommended that the problems in our 
bilateral relationship with Saudi Arabia must be confronted openly--
this legislation takes a step in that direction.
                                 ______
                                 
      By Mr. SPECTER (for himself, Mr. Harkin, Mrs. Clinton, Mr. Obama, 
        and Mrs. Boxer):
  S. 1172. A bill to provide for programs to increase the awareness and 
knowledge of women and health care providers with respect to 
gynecologic cancers; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. SPECTER. Mr. President, I have sought recognition today to 
introduce The Gynecological Cancer Education and Awareness Act of 2005 
also known as Johanna's Law.
  Every year, over 80,000 women in the United States are newly 
diagnosed with some form of gynecologic cancer such as ovarian, 
uterine, or cervical cancer. In 2005, 29,000 American women are 
expected to die from these cancers.
  Early detection of these cancers must be improved to decrease this 
tragic loss of life. Unfortunately, thousands of women in the U.S. each 
year aren't diagnosed until their cancers have progressed to more 
advanced and far less treatable stages. In the case of ovarian cancer, 
which kills more women in the U.S. than all other gynecologic cancers 
combined, 70 percent of all new diagnoses take place after this cancer 
has progressed beyond its earliest and most survivable stage.
  Women are often diagnosed many months, sometimes more than a year 
after they first experience symptoms due to a lack of knowledge of 
early warning signs of gynecological cancers. Adding to the challenge 
of a prompt and accurate diagnosis is the similarity of gynecological 
cancer symptoms to those of more common gastrointestinal conditions and 
benign gynecologic conditions such as perimenopause and menopause. 
Women too often receive diagnoses reflecting these benign conditions 
without their physicians having first considered gynecologic cancers as 
a possible cause of the symptoms.
  The Gynecological Cancer Education and Awareness Act will improve 
early detection of gynecologic cancers by creating a national awareness 
and an education outreach campaign to inform physicians and individuals 
of the risk factors and symptoms of these diseases. When gynecological 
cancer is detected in its earliest stage, patients 5-year survival 
rates are greater than 90 percent and many go on to live normal, 
healthy lives.
  The national awareness campaign will be carried out by the Department 
of Health and Human Services (HHS) to increase women's awareness and 
knowledge of gynecologic cancers. The campaign will maintain and 
distribute a supply of written materials that provide information to 
the public about gynecologic cancers. Further, the program will develop 
public service announcements encouraging women to discuss their risks 
for gynecologic cancers with their physicians, and inform the public 
about the availability of written materials and how to obtain them. The 
projected cost of the awareness campaign is $5 million per year from 
2006-2008, totaling $15 million.
  The educational outreach campaign will be carried out through 
demonstration grants through HHS. These demonstration grants will go to 
local and national non-profits to test different outreach and education 
strategies, including those directed at providers, women, and their 
families. Groups with demonstrated expertise in gynecologic cancer 
education, treatment, or in working with groups of women who are at 
especially high risk will be given priority. Grant funding recipients 
will also be asked to work in cooperation with health providers, 
hospitals, and state health departments. The projected cost of the 
educational outreach campaign is $10 million per year from 2006-2008, 
totaling $30 million.
  This legislation was brought to my attention by my friend Fran 
Drescher, who was diagnosed with uterine cancer in 2000 and whose 
diagnosis was also delayed due to her lack of knowledge about symptoms 
of this disease. She has recovered from uterine cancer and is 
advocating on behalf of gynecological cancer awareness. She also 
brought to my attention one of the many victims of gynecological 
cancers

[[Page 11670]]

Johanna Silver Gordon, after whom this bill is named, who was diagnosed 
at an advanced stage of ovarian cancer.
  Johanna, the daughter and sister of physicians, was extremely health 
conscious taking the appropriate measures to maintain a healthy 
lifestyle including exercising regularly, eating nutritiously, and 
receiving annual Pap smears and pelvic exams. Johanna however did not 
have the information to know that the gastric symptoms she experienced 
in the fall of 1996 were common symptoms of ovarian cancer. She didn't 
learn these crucial facts until after she was diagnosed at an advanced 
stage of this cancer. Despite aggressive treatment that included four 
surgeries, various types of chemotherapy, and participation in two 
clinical trials, Johanna died from ovarian cancer 3\1/2\ years after 
being diagnosed. Johanna is survived by her sister Sheryl Silver who 
has tirelessly worked to increase the information available regarding 
gynecological cancers.
  As Chairman of the Labor, Health and Human Services, and Education 
Appropriations Subcommittee, I led, along with Senator Harkin, the 
effort to double funding for the National Institutes of Health (NIH) 
over five years. Funding for the NIH has increased from $11.3 billion 
in fiscal year 1995 to $28.5 billion in fiscal year 2005. In 2004, the 
NIH, through the National Cancer Institute provided $212.5 million for 
gynecological cancer research. Further, the Centers for Disease Control 
and Prevention's National Breast and Cervical Cancer Early Detection 
Program (NBCCEDP) provided $209 million in fiscal year 2005 for breast 
and gynecological cancer screening and diagnostic services, including: 
pap tests, surgical consultation, and diagnostic testing for women 
whose screening outcome is abnormal. To date, the Program has screened 
more than 2.1 million women, provided more than 5 million screening 
exams, and diagnosed 66,295 pre-cancerous cervical lesions and 1,262 
invasive cervical cancers. We must continue these efforts to do more to 
provide information about gynecological cancer to physicians and those 
most at risk.
  I believe this bill can provide desperately needed information to 
physicians and individuals so that women can be diagnosed faster and 
more effectively. I urge my colleagues to work with Senator Harkin and 
me to move this legislation forward promptly.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1172

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gynecologic Cancer Education 
     and Awareness Act of 2005'' or ``Johanna's Law''.

     SEC. 2. CERTAIN PROGRAMS REGARDING GYNECOLOGIC CANCERS.

       (a) National Public Awareness Campaign.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     carry out a national campaign to increase the awareness and 
     knowledge of women with respect to gynecologic cancers.
       (2) Written materials.--Activities under the national 
     campaign under paragraph (1) shall include--
       (A) maintaining a supply of written materials that provide 
     information to the public on gynecologic cancers; and
       (B) distributing the materials to members of the public 
     upon request.
       (3) Public service announcements.--Activities under the 
     national campaign under paragraph (1) shall, in accordance 
     with applicable law and regulations, include developing and 
     placing, in telecommunications media, public service 
     announcements intended to encourage women to discuss with 
     their physicians their risks of gynecologic cancers. Such 
     announcement shall inform the public on the manner in which 
     the written materials referred to in paragraph (2) can be 
     obtained upon request, and shall call attention to early 
     warning signs and risk factors based on the best available 
     medical information.
       (b) Demonstration Projects Regarding Outreach and Education 
     Strategies.--
       (1) In general.--The Secretary shall carry out a program to 
     make grants to nonprofit private entities for the purpose of 
     testing different outreach and education strategies to 
     increase the awareness and knowledge of women and health care 
     providers with respect to gynecologic cancers, including 
     early warning signs and treatment options. Such strategies 
     shall include strategies directed at physicians, nurses, and 
     key health professionals and families.
       (2) Preferences in making grants.--In making grants under 
     paragraph (1), the Secretary shall give preference--
       (A) to applicants with demonstrated expertise in 
     gynecologic cancer education or treatment or in working with 
     groups of women who are at especially high risk of 
     gynecologic cancers; and
       (B) to applicants that, in the demonstration project under 
     the grant, will establish linkages between physicians, 
     nurses, and key health professionals, hospitals, payers, and 
     State health departments.
       (3) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Secretary and the application is in such 
     form, is made in such manner, and contains such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out this subsection.
       (4) Certain requirements.--In making grants under paragraph 
     (1)--
       (A) the Secretary shall make grants to not fewer than five 
     applicants, subject to the extent of amounts made available 
     in appropriations Acts; and
       (B) the Secretary shall ensure that information provided 
     through demonstration projects under such grants is 
     consistent with the best available medical information.
       (5) Report to congress.--Not later than February 1, 2009, 
     the Secretary shall submit to the Congress a report that--
       (A) summarizes the activities of demonstration projects 
     under paragraph (1);
       (B) evaluates the extent to which the projects were 
     effective in increasing early detection of gynecologic 
     cancers and awareness of risk factors and early warning signs 
     in the populations to which the projects were directed; and
       (C) identifies barriers to early detection and appropriate 
     treatment of such cancers.
       (c) Funding.--
       (1) National public awareness campaign.--For the purpose of 
     carrying out subsection (a), there is authorized to be 
     appropriated in the aggregate $15,000,000 for the fiscal 
     years 2006 through 2008.
       (2) Demonstration projects regarding outreach and education 
     strategies.--
       (A) Authorization of appropriations.--For the purpose of 
     carrying out subsection (b), there is authorized to be 
     appropriated in the aggregate $30,000,000 for the fiscal 
     years 2006 through 2008.
       (B) Administration, technical assistance, and evaluation.--
     Of the amounts appropriated under subparagraph (A), not more 
     than 9 percent may be expended for the purpose of 
     administering subsection (b), providing technical assistance 
     to grantees under such subsection, and preparing the report 
     under paragraph (5) of such subsection.

  Mr. OBAMA. Mr. President, I am pleased to join my colleagues Senators 
Specter and Harkin to introduce The Gynecological Cancer Education and 
Awareness Act of 2005, also known as Johanna's Law. This important 
legislation authorizes a national gynecologic cancer early detection 
and awareness campaign for women and their providers. This bill is 
named in honor of Johanna Silver Gordon who died from ovarian cancer 
and whose sister, Sheryl Silver, founded Johanna's Law Alliance for 
Women's Cancer Awareness. We thank Ms. Silver for her courage and her 
persistent efforts to turn her sister's tragedy into a crusade to raise 
awareness and prevent needless suffering and death from gynecologic 
cancers for other women.
  Nearly 80,000 American women are diagnosed with gynecologic cancers 
each year. Tragically, 29,000 of them die from this disease. We know 
that early detection is the key to successful treatment of all 
gynecologic cancers, and we have made great strides at reducing rates 
of cervical cancer with wide-spread use of Pap screening tests. Yet, we 
have not been able to replicate this success with uterine cancer and 
ovarian cancer, for which effective and general screening methods do 
not exist. For ovarian cancer, which is the deadliest of the 
gynecologic cancers, in addition to lack of screening tests, doctors 
and researchers have not identified effective diagnostic and 
treatments. Seventy percent of all new diagnoses of ovarian cancer take 
place after this cancer has progressed beyond its earliest and most 
survivable stage.
  Given these challenges, knowing the symptoms of gynecologic cancers, 
which can mimic GI illnesses, menopause or perimenopause, is key to 
early diagnosis. The 5-year survival rates for

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the most common gynecologic cancers are 90 percent when diagnosed 
early, but drop to 50 percent for cancers diagnosed later.
  Johanna's Law will promote early detection and awareness through a 
National Public Awareness Campaign conducted by the Department of 
Health and Human Services. Women will be given written materials that 
provide information about gynecologic cancers, and Public Service 
Announcements will be developed to encourage women to talk to their 
doctors about gynecologic cancer. The Department will also give grants 
for demonstration projects to local and national non-profit 
organizations to identify the best ways to reach and educate women 
about these cancers, particularly those women who are high risk.
  Johanna's Law will make sure that women and doctors get the 
information they need to help them recognize early symptoms of 
gynecologic cancers, so that women can be diagnosed and treated earlier 
when their cancers are treatable. I urge my colleagues to work to move 
this legislation forward promptly.

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