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6 U.S.C. § 1104 — Immunity for reports of suspected terrorist activity or suspicious behavior and response
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(d) Definitions** In this section:
(1) **Authorized official** — The term “authorized official” mea
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Source file: Laws/federal/codes/united-states-code/title-6/section-1104-immunity-for-reports-of-suspected-terrorist-activity-or-suspicious-behav--37e83db64b.md
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Source location: Title 6, Chapter 4, § 1104; chapter-004-transportation-security.md
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**(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.
**(d) Definitions** 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 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3077&num=0&edition=prelim)).
(3) **Passenger transportation** — The term “passenger transportation” means—
(A) public transportation, as defined in [section 5302 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5302&num=0&edition=prelim);
(B) over-the-road bus transportation, as defined in subchapter IV, and school bus transportation;
(C) intercity passenger rail 11 So in original. Probably should be “intercity rail passenger”. transportation 22 So in original. Probably should be followed by a comma. as defined in [section 24102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section24102&num=0&edition=prelim);
(D) the transportation of passengers onboard a passenger vessel 2 as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102&num=0&edition=prelim), 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) 33 So in original. Probably should be section “1992(d)(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Definitions.—** In this part—
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) runway lighting and airport surface visual and other navigation aids;
(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;
(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;
(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and
(F) buildings, equipment, and systems dedicated to the national airspace system.
(5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
(8) “airman” means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “long-distance route” means a route described in subparagraph (C) of paragraph (7).
(6) “National Network” includes long-distance routes and State-supported routes.
(7) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 229.
(8) “Northeast Corridor” means Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle—
(1) “associated equipment”—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim).
(3) “Commandant” means the Commandant of the Coast Guard.
(4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil.
(8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided, in this chapter the following definitions apply:
(1) **Assault on a transit worker.—** — The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.
(2) **Associated transit improvement.—** — The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
(B) bus shelters;
(C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;
(F) signage; or
(G) enhanced access for persons with disabilities to public transportation.
(3) **Bus rapid transit system.—** — The term “bus rapid transit system” means a bus transit system—
(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and
(B) that includes features that e
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5302
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term—
(1) “act of terrorism” means an act of domestic or international terrorism as defined in section 2331;
(2) “United States person” means—
(A) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(22)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim));
(B) an alien lawfully admitted for permanent residence in the United States as defined in section 101(a)(20) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(20)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/20&num=0&edition=prelim));
(C) any person within the United States;
(D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;
(E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and
(F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;
(3) “United States property” means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which rests in a United States person or any Federal or State governmental entity of the United States;
(4) “United States”, when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;
(5) “State” includes any State of the United States, the District of Columbia, the Commonwealth o
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3077
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the following definitions apply:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives.
(2) **Secretary** — The term “Secretary” means the Secretary of Homeland Security.
(3) **Department** — The term “Department” means the Department of Homeland Security.
(4) **Over-the-road bus** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
(5) **Over-the-road bus frontline employees** — In this section,11 So in original. “In this section,” probably should not appear. the term “over-the-road bus frontline employees” means over-the-road bus drivers, security personnel, dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Secretary determines should receive security training under this subchapter.
(6) **Railroad frontline employees** — In this section,1 the term “railroad frontline employees” means security personnel, dispatchers, locomotive engineers, conductors, trainmen, other onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad carriers that the Secretary determines should receive security training under this subchapter.
(7) **Railroad** — The term “railroad” has the meaning that term has in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1151
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Federal law — U.S. Code and appendices · legal_authorities
Page 441
TITLE 6—DOMESTIC SECURITY
§ 1104
1 So in original. Probably should be ‘‘intercity rail passenger’’.
2 So in original. Probably should be followed by a comma.
3 So in original. Probably should be section ‘‘1992(d)(16)’’.
any additional consortium colleges or univer-
sities designated by the Secretary under this
subsection are Historically Black Colleges and
Universities, Hispanic Serving Institutions,
and Indian Tribally Controlled Colleges and
Universities.
(d) Authorization of appropriations
There are authorized to be appropriated to
carry out this section—
(1) $18,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009;
(3) $18,000,000 for fiscal year 2010; and
(4) $18,000,000 for fiscal year 2011.
(Pub. L. 110–53, title XII, § 1205, Aug. 3, 2007, 121
Stat. 387.)
§ 1104. Immunity for reports of suspected ter-
rorist activity or suspicious behavior and re-
sponse
(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 cov-
ered 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 re-
ceives 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 jurisdic-
tion
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 1104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.