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SEC. 513. For fiscal year 2006 and thereafter, the ac-
quisition management system of the Transportation Secu-
rity Administration shall apply to the acquisition of serv-
ices, as well as equipment, supplies, and materials.
SEC. 514. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deploy-
ment or implementation, on other than a test basis, of the
Secure Flight program or any other follow on or successor
passenger prescreening programs, until the Secretary of
Homeland Security certifies, and the Government Account-
ability Office reports, to the Committees on Appropriations
of the Senate and the House of Representatives, that all ten
of the elements contained in paragraphs (1) through (10)
of section 522(a) of Public Law 108–334 (118 Stat. 1319)
have been successfully met.
(b) The report required by subsection (a) shall be sub-
mitted within 90 days after the certification required by
such subsection is provided, and periodically thereafter, if
necessary, until the Government Accountability Office con-
firms that all ten elements have been successfully met.
(c) During the testing phase permitted by subsection
(a), no information gathered from passengers, foreign or do-
mestic air carriers, or reservation systems may be used to
screen aviation passengers, or delay or deny boarding to
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such passengers, except in instances where passenger names
are matched to a Government watch list.
(d) None of the funds provided in this or previous ap-
propriations Acts may be utilized to develop or test algo-
rithms assigning risk to passengers whose names are not
on Government watch lists.
(e) None of the funds provided in this or previous ap-
propriations Acts may be utilized for a database that is
obtained from or remains under the control of a non-Fed-
eral entity.
SEC. 515. None of the funds made available in this
Act may be used to amend the oath of allegiance required
by section 337 of the Immigration and Nationality Act (8
U.S.C. 1448).
SEC. 516. None of the funds appropriated by this Act
may be used to process or approve a competition under Of-
fice of Management and Budget Circular A–76 for services
provided as of June 1, 2004, by employees (including em-
ployees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Depart-
ment of Homeland Security who are known as of that date
as Immigration Information Officers, Contact Representa-
tives, or Investigative Assistants.
SEC. 517. None of the funds appropriated to the
United States Secret Service by this Act or by previous ap-
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propriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary
of Homeland Security: Provided, That the Director of the
United States Secret Service may enter into an agreement
to perform such service on a fully reimbursable basis.
SEC. 518. The Department of Homeland Security
processing and data storage facilities at the John C. Stennis
Space Center shall hereafter be known as the ‘‘National
Center for Critical Information Processing and Storage’’.
SEC. 519. SENSE OF THE SENATE REGARDING BOR-
DER SECURITY. (a) FINDINGS.—Congress finds the fol-
lowing:
(1) The illegal alien population has risen from
3,200,000 in 1986 to 10,300,000 in 2004.
(2) In fiscal year 2001, United States Border
Patrol agents apprehended almost 1,200,000 persons
for illegally entering the United States.
(3) Senate Report 109–083 states, ‘‘there are an
estimated 11,000,000 illegal aliens in the United
States, including more than 400,000 individuals who
have absconded, walking away with impunity from
Orders of Deportation and Removal’’.
(4) Between 1,000 and 3,000 special interest
aliens from countries with an active terrorist presence
enter the United States each year.
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(5) Of the 1,200,000 illegal aliens apprehended
on the border between the United States and Mexico,
643 were from countries with known terrorism ties,
including Syria, Iran, and Libya.
(6) Senate Report 109–083 states, ‘‘officials of
the Department of Homeland Security have conceded
the United States does not have operational control of
its borders’’, including areas along the 1,989 mile
southwest border between the United States and Mex-
ico.
(7) The daily attempts to cross the border by
thousands of illegal aliens from countries around the
globe continue to present a threat to United States
national security.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) this Nation cannot thoroughly address the se-
curity of the United States without recognizing the
reality of terrorists taking advantage of inadequacies
in border security along the border between the
United States and Mexico;
(2) every effort should be made to increase the
technology and efficiency in preventing these individ-
uals from entering the United States across the Mexi-
can border;
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(3) the Mexican Government has an obligation to
secure its side of the border between the United States
and Mexico; and
(4) the Mexican Government must commit to ad-
dressing inadequacies in its own domestic and border
security policies, which are contributing to the
present dilemma in border security.
SEC. 520. VETERANS HEALTH ADMINISTRATION. (a)
IN GENERAL.—From any money in the Treasury not other-
wise obligated or appropriated, there are appropriated to
the Department of Veterans Affairs $1,500,000,000 for the
fiscal year ending September 30, 2005, for medical services
provided by the Veterans Health Administration, which
shall remain available until expended.
(b) EMERGENCY DESIGNATION.—The amount appro-
priated under subsection (a) is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress).
(c) This section shall take effect on the date of enact-
ment of this Act.
SEC. 521. Within 90 days after the date of enactment
of this Act, the Department of Homeland Security’s Office
of Inspector General shall issue a report to the House and
Senate Committees on Appropriations, the House and Sen-
ate Committees on Homeland Security, and the Senate
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Committee on Commerce, Science, and Transportation re-
garding the steps the Department has taken to comply with
the recommendations of the Inspector General’s Report on
the Port Security Grant Program (OIG–05–10).
SEC. 522. (a) Not later than September 30, 2006, the
Secretary of Homeland Security shall submit a report to
the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, and the
Committee on Homeland Security of the House of Rep-
resentatives that includes—
(1) the results of the survey under subsection (c);
and
(2) a plan to implement changes to address prob-
lems identified in the survey.
(b) Not later than June 30, 2006, the Secretary of
Homeland Security shall submit an interim report to the
Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee
on Homeland Security of the House of Representatives on
the specific design of the survey under subsection (c).
(c) In preparing the report under subsection (a), the
Secretary of Homeland Security shall conduct a survey of
State and local government emergency officials that—
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(1) involve enough respondents to get an ade-
quate, representational response from police, fire,
medical, and emergency planners on the regional,
State, county, and municipal levels, and other State
and local homeland security officials as determined
by the Secretary; and
(2) identifies problems relating to the effective-
ness and user-friendliness of programs in which the
Department of Homeland Security interacts with
State and local officials, including grant manage-
ment, intelligence sharing, training, incident manage-
ment, regional coordination, critical infrastructure
prioritization, and long-term homeland security plan-
ning.
SEC. 523. QUADRENNIAL HOMELAND DEFENSE RE-
VIEW. (a) IN GENERAL.—
(1) FREQUENCY AND SCOPE.—Beginning in fis-
cal year 2008, and every 4 years thereafter, the Sec-
retary of Homeland Security shall conduct every 4
years, during a year following a year evenly divisible
by 4, a comprehensive examination of the national
homeland defense strategy, inter-agency cooperation,
preparedness of Federal response assets, infrastruc-
ture, budget plan, and other elements of the homeland
defense program and policies of the United States
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with a view toward determining and expressing the
homeland defense strategy of the United States and
establishing a homeland defense program for the next
20 years. Each review under this paragraph shall be
known as the ‘‘quadrennial homeland defense review’’.
(2) CONSULTATION.—Each quadrennial home-
land defense review under paragraph (1) shall be con-
ducted in consultation with the Attorney General of
the United States and the Secretaries of State, De-
fense, Health and Human Services, and the Treasury.
(b) CONTENTS OF REVIEW.—Each quadrennial home-
land defense review shall—
(1) delineate a national homeland defense strat-
egy consistent with the most recent National Response
Plan prepared under Homeland Security Presidential
Directive 5 or any directive meant to replace or aug-
ment that directive;
(2) describe the inter-agency cooperation, pre-
paredness of Federal response assets, infrastructure,
budget plan, and other elements of the homeland de-
fense program and policies of the United States asso-
ciated with that national homeland defense strategy
required to execute successfully the full range of mis-
sions called for in the national homeland defense
strategy delineated under paragraph (1); and
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(3) identify—
(A) the budget plan required to provide suf-
ficient resources to successfully execute the full
range of missions called for in that national
homeland defense strategy at a low-to-moderate
level of risk, and
(B) any additional resources required to
achieve such a level of risk.
(c) LEVEL OF RISK.—The assessment of the level of
risk for purposes of subsection (b)(3) shall be conducted by
the Secretary of Homeland Security in consultation with
the Director of National Intelligence.
(d) REPORTING.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall submit a report regarding each quad-
rennial homeland defense review to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of
the House of Representatives. The report shall be sub-
mitted not later than September 30 of the year in
which the review is conducted.
(2) CONTENTS
OF
REPORT.—The report sub-
mitted under paragraph (1) shall include—
(A) the results of the quadrennial homeland
defense review;
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(B) the threats to the assumed or defined
national homeland security interests of the
United States that were examined for the pur-
poses of the review and the scenarios developed
in the examination of those threats;
(C) the status of cooperation among Federal
agencies in the effort to promote national home-
land security;
(D) the status of cooperation between the
Federal Government and State governments in
preparing for emergency response to threats to
national homeland security, and
(E) any other matter the Secretary of
Homeland Security considers appropriate.
SEC. 524. RAIL TUNNEL SECURITY RESEARCH. (a)
FINDINGS.—The Senate finds that—
(1) railroad tunnels, and underground stations
have been identified as particularly high risk terrorist
targets because of the potential for large passenger
volumes, confined spaces, relatively unrestricted ac-
cess, and the potential for network disruptions and
significant economic, political and social impact;
(2) many rail tunnels have safety problems in-
cluding structural deficiencies, ventilation problems,
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lack of communications equipment and insufficient
emergency access and exits;
(3) there are more than 898 miles of rail tunnels
in transit systems across the country;
(4)(A) security experts have identified a number
of technology and training needs to prevent attacks on
tunnels and to mitigate and remediate the impact of
such attacks;
(B) technological needs include detection systems,
dispersal control, and decontamination techniques;
and
(C) training for emergency response to a variety
of scenarios is also needed; and
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the Department of Homeland Security is
urged to invest in research to promote tunnel rail
safety as well as training to ensure first responders
are prepared to respond to rail tunnel emergencies;
and
(2) employing existing Federal facilities in this
effort can result in efficiencies and permit this impor-
tant research to proceed at decreased cost to the tax-
payer and with minimal interference with ongoing
passenger and freight rail traffic.
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SEC. 525. Upon completion of the Department of
Homeland Security’s operational testing of man portable
air defense system (MANPAD) countermeasure systems for
commercial aircraft, the Secretary of Homeland Security
is encouraged to designate an agency within the Depart-
ment as having responsibility for managing the procure-
ment and installation of such systems, and may use any
unobligated funds provided under title I to establish an of-
fice within the designated agency for that purpose.
SEC. 526. (a) Not later than 15 days after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity, acting through the Director of the Federal Emergency
Management Agency (including the Emergency Prepared-
ness and Response Directorate and all other staff under the
direction of the Secretary) (referred to in this section as
the ‘‘Secretary’’), shall provide to the Subcommittee on
Homeland Security of the Committee on Appropriations of
the Senate—
(1) a detailed list that describes, as of the date
of enactment of this Act, all associated costs (as deter-
mined by the Secretary) incurred by New York City,
the State of New York, and any other entity or orga-
nization established by New York City or the State of
New York, as a result of the terrorist attacks of Sep-
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tember 11, 2001, that were paid using funds made
available by Congress; and
(2) a detailed description of—
(A) the amounts of funds made available
after the terrorist attacks of September 11, 2001,
that remain unexpended as of the date of enact-
ment of this Act;
(B) the accounts containing those unex-
pended funds; and
(C) a detailed description of any plans for
expenditure or obligation of those unexpended
funds.
(b) Not later than 15 days after the date of receipt
of a request from the Subcommittee on Homeland Security
of the Committee on Appropriations of the Senate for any
information directly related to information described in
subsection (a), the Secretary, and such staff located in a
regional office of the Department of Homeland Security or
the Federal Emergency Management Agency as the Sec-
retary determines to be appropriate, shall provide the infor-
mation to the Subcommittee.
SEC. 527. (a) Not later than 90 days after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity, in consultation with the Secretary of Transportation,
shall assess and report in writing to the Committee on Ap-
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propriations, the Committee on Homeland Security and
Government Affairs, and the Committee on Commerce,
Science, and Transportation of the Senate on the following:
(1) The vulnerability posed to high risk areas
and facilities from general aviation aircraft that
could be stolen or used as a weapon or armed with
a weapon.
(2) The security vulnerabilities existing at gen-
eral aviation airports that would permit general
aviation aircraft to be stolen.
(3) Low-cost, high-performance technology that
could be used to easily track general aviation aircraft
that could otherwise fly undetected.
(4) The feasibility of implementing security
measures that would disable general aviation aircraft
while on the ground and parked to prevent theft.
(5) The feasibility of performing requisite back-
ground checks on individuals working at general
aviation airports that have access to aircraft or flight
line activities.
(6) An assessment of the threat posed to high
population areas, nuclear facilities, key infrastruc-
ture, military bases, and transportation infrastruc-
ture that stolen or hijacked general aviation aircraft
pose especially if armed with weapons or explosives.
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(7) An assessment of existing security pre-
cautions in place at general aviation airports to pre-
vent breaches of the flight line and perimeter.
(8) An assessment of whether unmanned air traf-
fic control towers provide a security or alert weakness
to the security of general aviation aircraft.
(9) An assessment of the additional measures
that should be adopted to ensure the security of gen-
eral aviation aircraft.
(b) The report required by subsection (a) shall include
cost estimates associated with implementing each of the
measures recommended in the report.
SEC. 528. (a) DEFINITIONS.—In this section:
(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-Fed-
eral entity, or the information was acquired ini-
tially by another department or agency of the
Federal Government for purposes other than in-
telligence 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
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the query or search or other analysis to find a
predictive pattern indicating terrorist or crimi-
nal activity; and
(C) the search does not use a specific indi-
vidual’s personal identifiers to acquire informa-
tion concerning that individual.
(2) DATABASE.—The term ‘‘database’’ does not
include telephone directories, news reporting, infor-
mation publicly available via the Internet or avail-
able by any other means to any member of the public
without payment of a fee, or databases of judicial and
administrative opinions.
(b) REPORTS ON DATA-MINING ACTIVITIES BY THE
DEPARTMENT OF HOMELAND SECURITY.—
(1) REQUIREMENT FOR REPORT.—The head of
each department or agency in the Department of
Homeland Security that is engaged in any activity to
use or develop data-mining technology shall each sub-
mit a report to Congress on all such activities of the
agency under the jurisdiction of that official. The re-
port shall be made available to the public.
(2) CONTENT OF REPORT.—A report submitted
under paragraph (1) shall include, for each activity
to use or develop data-mining technology that is re-
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quired to be covered by the report, the following infor-
mation:
(A) A thorough description of the data-min-
ing technology and the data that is being or will
be used.
(B) A thorough description of the goals and
plans for the use or development of such tech-
nology and, where appropriate, the target dates
for the deployment of the data-mining tech-
nology.
(C) An assessment of the efficacy or likely
efficacy of the data-mining technology in pro-
viding accurate information consistent with and
valuable to the stated goals and plans for the use
or development of the technology.
(D) An assessment of the impact or likely
impact of the implementation of the data-mining
technology on the privacy and civil liberties of
individuals.
(E) A list and analysis of the laws and reg-
ulations that govern the information being or to
be collected, reviewed, gathered, analyzed, or used
with the data-mining technology.
(F) A thorough discussion of the policies,
procedures, and guidelines that are in place or
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that are to be developed and applied in the use
of such technology for data-mining in order to—
(i) protect the privacy and due process
rights of individuals; and
(ii) ensure that only accurate informa-
tion is collected, reviewed, gathered, ana-
lyzed, or used.
(G) Any necessary classified information in
an annex that shall be available to the Com-
mittee 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 Com-
mittee on the Judiciary, and the Committee on
Appropriations of the House of Representatives.
(3) TIME FOR REPORT.—Each report required
under paragraph (1) shall be submitted not later than
90 days after the end of fiscal year 2006.
SEC. 529. SPENDING OVERSIGHT—None of the funds
made available in this Act shall be used for items identified
in the Inspector General’s Report of March 2005 ‘‘Irregular-
ities in the Development of the Transportation Security Op-
erations Center’’ as wasteful.
SEC. 530. (a) Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland Se-
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curity shall designate the Natrona International Airport in
Casper, Wyoming, as an airport at which private aircraft
described in subsection (b) may land for processing by the
United States Customs and Border Protection in accord-
ance with section 122.24(b) of title 19, Code of Federal Reg-
ulations, and such airport shall not be treated as a user
fee airport for purposes of section 122.15 of title 19, Code
of Federal Regulations.
(b) PRIVATE AIRCRAFT.—Private aircraft described in
this subsection are private aircraft that—
(1) arrive in the United States from a foreign
area and have a final destination in the United
States of Natrona International Airport in Casper,
Wyoming; and
(2) would otherwise be required to land for proc-
essing by the United States Customs and Border Pro-
tection at an airport listed in section 122.24(b) of
title 19, Code of Federal Regulations, in accordance
with such section.
(c) DEFINITION.—In this section, the term ‘‘private
aircraft’’ has the meaning given such term in section
122.23(a)(1) of title 19, Code of Federal Regulations.
SEC. 531. It is the sense of the Senate that the Federal
Emergency Management Agency or any other organization
within the Department of Homeland Security should con-
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tinue to coordinate with the American Red Cross in devel-
oping a mass care plan for the United States in response
to a catastrophic event.
SEC. 532. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
(1) The Joint Explanatory Statement to accom-
pany the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsu-
nami Relief, 2005 (Public Law 109–13) requires the
Department of Defense to set forth in a report to Con-
gress a comprehensive set of performance indicators
and measures for progress toward military and polit-
ical stability in Iraq.
(2) The report requires performance standards
and goals for security, economic, and security force
training objectives in Iraq together with a notional
timetable for achieving these goals.
(3) In specific, the report required, at a min-
imum, the following:
(A) With respect to stability and security in
Iraq, the following:
(i) Key measures of political stability,
including the important political milestones
that must be achieved over the next several
years.
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(ii) The primary indicators of a stable
security environment in Iraq, such as num-
ber of engagements per day, numbers of
trained Iraqi forces, and trends relating to
numbers and types of ethnic and religious-
based hostile encounters.
(iii) An assessment of the estimated
strength of the insurgency in Iraq and the
extent to which it is composed of non-Iraqi
fighters.
(iv) A description of all militias oper-
ating in Iraq, including the number, size,
equipment strength, military effectiveness,
sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(v) Key indicators of economic activity
that should be considered the most impor-
tant for determining the prospects of sta-
bility in Iraq, including—
(I) unemployment levels;
(II) electricity, water, and oil
production rates; and
(III) hunger and poverty levels.
(vi) The criteria the Administration
will use to determine when it is safe to
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begin withdrawing United States forces
from Iraq.
(B) With respect to the training and perform-
ance of security forces in Iraq, the following:
(i) The training provided Iraqi mili-
tary and other Ministry of Defense forces
and the equipment used by such forces.
(ii) Key criteria for assessing the capa-
bilities and readiness of the Iraqi military
and other Ministry of Defense forces, goals
for achieving certain capability and readi-
ness levels (as well as for recruiting, train-
ing, and equipping these forces), and the
milestones 
and 
notional 
timetable 
for
achieving these goals.
(iii) The operational readiness status
of the Iraqi military forces, including the
type, number, size, and organizational
structure of Iraqi battalions that are—
(I) 
capable 
of 
conducting
counterinsurgency 
operations 
inde-
pendently;
(II) 
capable 
of 
conducting
counterinsurgency operations with the
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support of United States or coalition
forces; or
(III) 
not 
ready 
to 
conduct
counterinsurgency operations.
(iv) The rates of absenteeism in the
Iraqi military forces and the extent to
which insurgents have infiltrated such
forces.
(v) The training provided Iraqi police
and other Ministry of Interior forces and
the equipment used by such forces.
(vi) Key criteria for assessing the ca-
pabilities and readiness of the Iraqi police
and other Ministry of Interior forces, goals
for achieving certain capability and readi-
ness levels (as well as for recruiting, train-
ing, and equipping), and the milestones and
notional timetable for achieving these goals,
including—
(I) the number of police recruits
that have received classroom training
and the duration of such instruction;
(II) the number of veteran police
officers who have received classroom in-
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struction and the duration of such in-
struction;
(III) the number of police can-
didates screened by the Iraqi Police
Screening Service, the number of can-
didates derived from other entry proce-
dures, and the success rates of those
groups of candidates;
(IV) the number of Iraqi police
forces who have received field training
by international police trainers and
the duration of such instruction; and
(V) attrition rates and measures
of absenteeism and infiltration by in-
surgents.
(vii) The estimated total number of
Iraqi battalions needed for the Iraqi secu-
rity forces to perform duties now being un-
dertaken by coalition forces, including de-
fending the borders of Iraq and providing
adequate levels of law and order throughout
Iraq.
(viii) The effectiveness of the Iraqi
military and police officer cadres and the
chain of command.
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(ix) The number of United States and
coalition advisors needed to support the
Iraqi security forces and associated min-
istries.
(x) An assessment, in a classified
annex if necessary, of United States mili-
tary requirements, including planned force
rotations, through the end of calendar year
2006.
(3) The deadline for submittal of the report to
Congress was 60 days after the date of the enactment
of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami
Relief, 2005, that is July 11, 2005, and every 90 days
thereafter through the end of fiscal year 2006.
(4) The report has not yet been received by Con-
gress.
(5) The availability of accurate data on key per-
formance indicators is critical to understanding
whether the United States strategy in Iraq is suc-
ceeding, and the substantial resources provided by
Congress, which total more than $200,000,000,000
and 
an 
approximate 
monthly 
expenditure 
of
$5,000,000,000, with substantial resource expendi-
tures still to come, are being utilized effectively.
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(b) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) the information requested in the report de-
scribed by subsection (a) is critical—
(A) to fulfilling the oversight obligations of
Congress;
(B) to ensuring the success of United States
strategy in Iraq;
(C) to maximizing the effectiveness of the
substantial resources provided by Congress and
the American people for United States efforts in
Iraq;
(D) to identifying when the Iraqi security
forces will be able to assume responsibility for se-
curity in Iraq; and
(E) to obtaining an estimate of the level of
United States troops that will be necessary in
Iraq during 2005 and 2006, and in any years
thereafter;
(2) the report should be provided by the Depart-
ment of Defense, as required by the Emergency Sup-
plemental Appropriations Act for Defense, the Global
War on Terror, and Tsunami Relief, 2005 as soon as
possible; and
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(3) the Secretary of Defense should communicate
to Congress and the American people why the report
was not submitted to Congress by the original dead-
line for its submittal.
SEC. 533. SENSE OF THE SENATE. (a) FINDINGS.—
The Senate finds that:
(1) On February 6, 2002, Director of Central In-
telligence George Tenet testified that ‘‘[A]l Qaeda or
other terrorist groups might also try to launch con-
ventional attacks against the chemical or nuclear in-
dustrial infrastructure of the United States to cause
widespread toxic or radiological damage.’’
(2) On April 27, 2005, the GAO found that ‘‘Ex-
perts agree that the nation’s chemical facilities
present an attractive target for terrorists intent on
causing massive damage. For example, the Depart-
ment of Justice has concluded that the risk of an at-
tempt in the foreseeable future to cause an industrial
chemical release is both real and credible. Terrorist
attacks involving the theft or release of certain chemi-
cals could significantly impact the health and safety
of millions of Americans, disrupt the local or regional
economy, or impact other critical infrastructures that
rely on chemicals, such as drinking water and waste-
water treatment systems.’’
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(3) As of May 2005, according to data collected
pursuant to the Risk Management Plan (RMP) of the
Environmental Protection Agency (EPA), a worst-
case release of chemicals from 2237 facilities would
potentially affect between 10,000 and 99,999 people,
a release from 493 facilities would potentially affect
between 100,000 and 999,000, and a release from 111
facilities would potentially affect over 1,000,000.
(4) On April 27, 2005, the GAO found that EPA
and RMP data was based on a release from a single
vessel or pipe rather than the entire quantity on site
and that ‘‘[A]n attack that breached multiple chem-
ical vessels simultaneously could result in a larger re-
lease with potentially more severe consequences than
those outlined in ‘worst-case’ scenarios.’’
(5) On April 27, 2005, the GAO found that ‘‘De-
spite efforts by DHS to assess facility vulnerabilities
and suggest security improvements, no one has com-
prehensively assessed security at facilities that house
chemicals nationwide.’’ GAO further testified that
‘‘EPA officials estimated in 2003, that voluntary ini-
tiatives led by industry associations only reach a por-
tion of the 15,000 RMP facilities. Further, EPA and
DHS have stated publicly that voluntary efforts alone
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are not sufficient to assure the public of the industry’s
preparedness.’’
(6) On June 15, 2005, Thomas P. Dunne, Dep-
uty Assistant Administrator for the Office of Solid
Waste and Emergency Response of the EPA testified
that ‘‘[O]nly a fraction of U.S. hazardous chemical
facilities are currently subject to Federal security re-
quirements’’ and that ‘‘we cannot be sure that every
high-risk chemical facility has taken voluntary action
to secure itself against terrorism.’’
(7) On June 15, 2005, Robert Stephan, Acting
Undersecretary for Information Analysis and Infra-
structure Protection and Assistant Secretary for In-
frastructure Protection at the Department of Home-
land Security testified that that the Department ‘‘has
concluded that from the regulatory perspective, the ex-
isting patchwork of authorities does not permit us to
regulate the industry effectively.’’ Stephen further tes-
tified that ‘‘[I]t has become clear that the entirely vol-
untary efforts of [chemical facility] companies alone
will not sufficiently address security for the entire
sector’’ and that ‘‘The Department should develop en-
forceable performance standards. . .’’
(8) The Senate Committee on Homeland Secu-
rity and Governmental Affairs, through a series of
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valuable and wide-ranging hearings, has dem-
onstrated bipartisan commitment to effective Congres-
sional action to protect Americans against a possible
terrorist attack against chemical facilities.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Congress should pass legislation establishing en-
forceable Federal standards to protect against a terrorist
attack on chemical facilities within the United States.
SEC. 534. In light of concerns regarding inconsistent
policy memoranda and guidelines issued to counties and
communities affected by the 2004 hurricane season, the Sec-
retary of Homeland Security, acting through the Under
Secretary for Emergency Preparedness and Response, shall
provide clear, concise, and uniform guidelines for the reim-
bursement to any county or government entity affected by
a hurricane of the costs of hurricane debris removal.
SEC. 535. Not later than 60 days after the date of en-
actment of this Act, the Secretary of Homeland Security,
acting through the Under Secretary for Emergency Pre-
paredness and Response, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing any
changes to Federal emergency preparedness and response
policies and practices made as a result of the report of the
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Inspector General of the Department of Homeland Security,
dated May 20, 2005, relating to the individual and house-
hold program of the Federal Emergency Management Agen-
cy in Miami-Dade County, Florida, in response to Hurri-
cane Frances.
SEC. 536. It is the sense of the Senate that the Sec-
retary of Homeland Security should conduct a study of the
feasibility of leveraging existing FM broadcast radio infra-
structure to provide a first alert, encrypted, multi-point
emergency messaging system for emergency response using
proven technology.
SEC. 537. Not later than 90 days after the date of en-
actment of this Act, the Secretary of Homeland Security
acting through the Under Secretary for Emergency Pre-
paredness shall propose new inspection guidelines that pro-
hibit inspectors from entering into a contract with any in-
dividual or entity for whom the inspector performs an in-
spection for purposes of determining eligibility for assist-
ance from the Federal Emergency Management Agency.
SEC. 538. None of the funds appropriated under this
Act may be used to promulgate regulations to implement
the plan developed pursuant to section 7209(b) of the 9/11
Commission Implementation Act of 2004 (8 U.S.C. 1185
note) to limit United States citizens to a passport as the