§1104 Immunity for reports of suspected terrorist activity or suspicious behavior and response

Summary

Protects people who honestly and reasonably report suspicious or possible terrorist activity tied to passenger travel from being sued under federal, state, or local law. No protection if the person knew the report was false or acted with reckless disregard for the truth. Officials who see or get such reports and who act reasonably and in good faith while responding get immunity from civil suits; officials who normally have qualified immunity may still use it, and this does not remove any other defenses. Anyone found immune can recover reasonable costs and lawyer fees from the person who sued them. This rule took effect October 1, 2006, and applies to activities and claims on or after that date. Key terms: authorized official — security staff or agents of passenger transport systems, DHS/DOT/DOJ employees with security duties, or any federal, state, or local law enforcement officer; covered activity — suspicious conduct or incidents involving passenger transportation or passengers that suggest a threat to safety or an act of terrorism (see 18 U.S.C. 3077); passenger transportation — public transit, over‑the‑road and school buses, intercity passenger rail, passenger vessels, certain regular waterborne passenger services (vessels 20+ gross tons), and air travel; passenger transportation system — an organization that provides passenger transportation and its infrastructure; vehicle — as defined in 18 U.S.C. 1992(16).