PRIA, Government Policy, Made Personal

Summary

Anyone who, in good faith and with a reasonable suspicion, reports possible terrorist activity or other suspicious behavior involving passenger transportation to an authorized official is protected from civil lawsuits. That protection does not apply if the person knew the report was false or made it with reckless disregard for the truth. Authorized officials who see or get reports of such activity and take reasonable, good-faith steps to respond get legal protection from civil suits. If an official can’t use the usual “qualified immunity” defense, they are still immune from lawsuits so long as their response was reasonable and in good faith. People and officials found immune can recover reasonable legal costs and attorney fees from the person who sued them. Authorized official: employees or agents tied to passenger transportation security, certain federal agency staff, or police. Covered activity: suspicious acts against passenger transport that threaten safety or involve possible terrorism. Passenger transportation: public transit, buses, intercity rail, passenger vessels and other scheduled waterborne service of at least 20 gross tons, and air travel. Vehicle: as defined in 18 U.S.C. 1992(16). The rule took effect October 1, 2006, and applies to actions and claims from that date onward.

Title 6, §1104

Domestic Security, Source: USLM XML via OLRC

(a)Immunity for reports of suspected terrorist activity or suspicious behavior (b) Immunity for response

(1)In general

Any person who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report.

(2)False reports

Paragraph (1) shall not apply to any report that the person knew to be false or was made with reckless disregard for the truth at the time that person made that report.

(c)Attorney fees and costs

Any person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees.

(d)Definitions

In this section: (1) Authorized official

(2)Covered activity

The term “covered activity” means any suspicious transaction, activity, or occurrence that involves, or is directed against, a passenger transportation system or vehicle or its passengers indicating that an individual may be engaging, or preparing to engage, in a violation of law relating to—

(A)a threat to a passenger transportation system or passenger safety or security; or

(B)an act of terrorism (as that term is defined in section 3077 of title 18).

(3)Passenger transportation

The term “passenger transportation” means—

(A)public transportation, as defined in section 5302 of title 49;

(B)over-the-road bus transportation, as defined in subchapter IV, and school bus transportation;

(C)intercity passenger rail transportation as defined in section 24102 of title 49;

(D)the transportation of passengers onboard a passenger vessel 2 as defined in section 2101 of title 46;

(E)other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and

(F)air transportation, as defined in section 40102 of title 49, of passengers.

(4)Passenger transportation system

The term “passenger transportation system” means an entity or entities organized to provide passenger transportation using vehicles, including the infrastructure used to provide such transportation.

(5)Vehicle

The term “vehicle” has the meaning given to that term in section 1992(16) of title 18.

(e)Effective date

This section shall take effect on October 1, 2006, and shall apply to all activities and claims occurring on or after such date.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter IV, referred to in subsec. (d)(3)(B), was in the original “title XV of this Act”, meaning title XV of Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 422, which is classified principally to subchapter IV (§ 1151 et seq.) of this chapter. For complete classification of title XV to the Code, see

References in Text

note set out under section 1151 of this title and Tables.

§1104 Immunity for Reports of Suspected Terrorist Activity or Suspicious Behavior and Response

Summary

Title 6, §1104

Notes & Related Subsidiaries

Editorial Notes

References in Text

References in Text

Citations & Metadata