(a) Immunity for reports of suspected terrorist activity or suspicious behavior
(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.
(b) Immunity for response
(1) In general
Any authorized official who observes, or receives a report of, covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with applicable law in the relevant jurisdiction. An authorized official as defined by subsection (d)(1)(A) not entitled to assert the defense of qualified immunity shall nevertheless be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity.
(2) Savings clause
Nothing in this subsection shall affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available, and this subsection shall not be construed as affecting any such defense, privilege, or immunity.
(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.
In this section:
(1) Authorized official
The term “authorized official” means—
(A)any employee or agent of a passenger transportation system or other person with responsibilities relating to the security of such systems;
(B)any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of passenger transportation systems; or
(C)any Federal, State, or local law enforcement officer.
(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
(3) Passenger transportation
The term “passenger transportation” means—
(A)public transportation, as defined in section
5302 of title
(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
(D)the transportation of passengers onboard a passenger vessel  as defined in section
2101 of title
(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.
The term “vehicle” has the meaning given to that term in section
1992(16) of title
(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.
 So in original. Probably should be “intercity rail passenger”.
 So in original. Probably should be followed by a comma.
 So in original. Probably should be section “1992(d)(16)”.
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.