I 111th CONGRESS 1st Session H. R. 441 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.

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.

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.

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.

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.

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.