[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 441 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 441

 To grant immunity from civil liability to any person who voluntarily 
notifies appropriate security personnel of suspicious activity believed 
   to threaten transportation safety or security or takes reasonable 
                   action to mitigate such activity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

 Mr. Rehberg introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To grant immunity from civil liability to any person who voluntarily 
notifies appropriate security personnel of suspicious activity believed 
   to threaten transportation safety or security or takes reasonable 
                   action to mitigate such activity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IMMUNITY FOR REPORTING SUSPICIOUS BEHAVIOR.

    (a) In General.--Any person who, in good faith, makes, or causes to 
be made, a voluntary disclosure of any suspicious transaction, 
activity, or occurrence indicating that an individual may be engaging, 
or preparing to engage, in an action described in section 3 to any 
employee or agent of the Department of Homeland Security, the 
Department of Transportation, or the Department of Justice, any 
Federal, State, or local law enforcement officer, any transportation 
security officer, or any employee or agent of a transportation system 
shall be immune from civil liability to any person for such disclosure 
under any Federal, State, or local law.
    (b) False Disclosures.--Subsection (a) shall not apply to any 
statement or disclosure that the person making the statement or 
disclosure knows to be false at the time it is made.

SEC. 2. IMMUNITY FOR MITIGATION OF THREATS.

    Any person in receipt of a report described in section 1 who takes 
reasonable action to mitigate a suspicious action described in section 
3 shall be immune from civil liability to any person for such action 
under any Federal, State, or local law.

SEC. 3. COVERED DISCLOSURES.

    The actions described in this section are possible or attempted 
violations of law relating to--
            (1) a threat to a transportation system or the safety or 
        security of its passengers; or
            (2) an act of terrorism (as defined in section 3077 of 
        title 18, United States Code) that involves, or is directed 
        against, a transportation system or its passengers.

SEC. 4. ATTORNEY FEES AND COSTS.

    Any person who is named as a defendant in a civil lawsuit for 
making a voluntary disclosure described in section 1 or for taking an 
action described in section 2, and is found to be immune from civil 
liability under this Act, shall be entitled to recover from the 
plaintiff all reasonable costs and attorney fees allowed by the court 
in which the lawsuit was decided.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on November 20, 2006, and shall apply to 
all activities and claims occurring on or after such date.
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