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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-