U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart iii— safety › Chapter CHAPTER 449— SECURITY › Subchapter SUBCHAPTER II— ADMINISTRATION AND PERSONNEL

49 U.S.C. § 44941

Immunity for reporting suspicious activities

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(a)In General.—Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.(b)Application.—Subsection (a) shall not apply to—(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.(Added Pub. L. 107–71, title I, § 125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, § 1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.)Editorial NotesAmendments

2018—Subsec. (a). Pub. L. 115–254 inserted “the Department of Homeland Security,” after “Department of Transportation,”.

Notes of Decisions
Cited in 19 cases (10 in the last 5 years), 2002–2026 · leading case: Baez v. Jetblue Airways Corp., 793 F.3d 269 (2d Cir. 2015).
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Baez v. Jetblue Airways Corp., 793 F.3d 269 (2d Cir. 2015). · cites it 4× “The district court dismissed the case on summary judgment on the ground that defendants are immune from liability under the Aviation and Transportation Security Act, 49 U.S.C. § 44941 (“ATSA”). The court ruled in the alternative that Baez’s claims lacked merit.”
Air Wisconsin Airlines Corp. v. Hoeper, 320 P.3d 830 (Colo. 2012). · cites it 3× “Moreover, the legislative history does not provide guidance as to the type of immunity intended by Congress.”
Shqeirat v. Us Airways, Grp. Inc., 515 F. Supp. 2d 984 (D. Minnesota 2007). · cites it 3× “Airways also argues it is entitled to immunity under 49 U.S.C. § 44941 . That statute provides that: Any air carrier .”
Air Wisconsin Airlines Corp. v. Hoeper, 134 S. Ct. 852 (2014). “" 49 U.S.C. § 44941 (a). 3 These are very different inquiries.”
Dasrath v. Cont'l Airlines, Inc., 228 F. Supp. 2d 531 (D.N.J. 2002). · cites it 2× “Second, Continental contends that it is shielded from liability because its employees were acting within their authority under 49 U.”
Abdallah v. Mesa Air Grp., 83 F.4th 1006 (5th Cir. 2023). “§ 44902 (b), which allows an airline to remove a passenger it fears “is, or might be, inimical to safety,” and 49 U.S.C. § 44941 (a), which grants im- munity to airlines for statements made to security officers regarding potential safety threats.”
Bayaa v. United Airlines, Inc., 249 F. Supp. 2d 1198 (C.D. Cal. 2002). “Additionally, 49 U.S.C. § 44941 , “Immunity for reporting suspicious activities,” specifically applies to the disclosure of suspicious activities, not the actions taken pursuant thereto.”
Hoeper v. Air Wisconsin Airlines Corp., 232 P.3d 230 (Colo. Ct. App. 2009). “49 U.S.C. § 44941 . This language requires fact-finding at two levels: first, whether a suspicious transaction occurred; and, second, whether the air carrier exhibited reckless disregard in making the disclosure.”
Proj. Veritas v. Cable News Network, Inc., 121 F.4th 1267 (11th Cir. 2024). “See 49 U.S.C. § 44941 (a). This immunity, however, does not apply to “(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or (2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.”
Abdallah v. Mesa Air Grp., 79 F.4th 420 (5th Cir. 2023). “§ 44902 (b), which allows an airline to remove a passenger it fears “is, or might be, inimical to safety,” and 49 U.S.C. § 44941 (a), which grants im- munity to airlines for statements made to security officers regarding potential safety threats.”
Ilczyszyn v. Sw. Airlines CA1/1 (Cal. Ct. App. 2022). · cites it 3× “( 49 U.S.C. § 44941 (b) (section 44941(b).) 2.”
Ilczyszyn v. Sw. Airlines Co. (Cal. Ct. App. 2022). · cites it 3× “( 49 U.S.C. § 44941 (b) (section 44941(b).) 2.”
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