SEC. . IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND RESPONSE.
(a) IMMUNITY FOR REPORTS OF 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 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 to respond to such activity shall be immune from civil liability under Federal, State, and local law for such action.
(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 mass transportation system;
(B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice;
(C) any Federal, State, or local law enforcement officer; or
(D) any transportation security officer.
(2) COVERED ACTIVITY.—The term "covered activity" means any suspicious transaction, activity, or occurrence indicating that an individual may be engaging, or preparing to engage, in—
(A) a violent act or act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be such a violation if committed within the jurisdiction of the United States or any State; or
(B) an act of terrorism (as that term is defined in section 3077 of title 18, United States Code) that involves, or is directed against, a mass transportation system or vehicle or its passengers.
(3) MASS TRANSPORTATION.—The term "mass transportation"—
(A) has the meaning given to that term in section 5302(a)(7) of title 49, United States Code; and
(i) school bus, charter, or intercity bus transportation;
(ii) intercity passenger rail transportation;
(iii) sightseeing transportation;
(iv) a passenger vessel as that term is defined in section 2101(22) of title 46, United States Code;
(v) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and
(vi) air transportation as that term is defined in section 40102 of title 49, United States Code.
(4) MASS TRANSPORTATION SYSTEM.—The term "mass transportation system" means an entity or entities organized to provide mass 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, United States Code.
(e) EFFECTIVE DATE.—This section 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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