Aviation Security

House and Senate Republicans launch “John Doe” protection

This is critical legislation in fighting the War on Terror here at home. Whether they are airline passengers, subway riders, or, in the case of the “Fort Dix Six,” a retail store clerk, we owe them protection for stepping up and reporting suspicious behavior. They should not have to worry about getting sued if they “see something, and say something.”

9/11 Families for a Safe & Strong America thanks Congressmen Pearce, King and Shuster, and Senators Collins, Kyl and Lieberman for leading the way.

Congressman Steve Pearce of New Mexico

MAY 14, 2007 FOR IMMEDIATE RELEASE
CONTACT: Brian Phillips 202-225-4759 brian.phillips@mail.house.gov
PEARCE, KING, SHUSTER SEEK TO PROTECT AMERICANS FIGHTING TERRORISM

WASHINGTON, D.C. – Congressmen Stevan Pearce, along with Rep. Peter King and Rep. Bill Shuster, introduced a bill today that would protect those who come forward to report suspicious activity from frivolous civil liability prosecution.

If passed, the bill, known commonly as the ‘John Doe’ protection legislation, would grant immunity to anyone who alerted transportation security to actions believed to be threatening or to any personnel that “takes reasonable action to mitigate such activity.”

“We cannot have Americans thinking twice when it comes matters of national security,” said Congressman Pearce. “If a passenger sees something threatening, they should report it immediately and do so without the specter of potential prosecution hanging over their head.”

“Alert Americans are often our first and last line of defense in protecting the country from terrorist attacks. They should not face potential prosecution for doing the right thing and coming forward to report suspicious activity.

“It is a sad commentary that this kind of common sense has to be written into law, but we must make it clear to America’s enemies that they can not exploit our system of justice.”

On Friday, the Chairman and Ranking Member of the Senate Homeland Security Committee, Joe Lieberman and Susan Collins, along with Senator John Kyl, introduced companion legislation in the Senate.

“I appreciate the effort of Senators Collins, Kyl and Lieberman to move this initiative forward,” said Pearce. “Their leadership will be crucial to address this pressing matter of national security. We expect the same kind of bipartisan support for this legislation in the Senate that we found here in the House.”

In addition, the Ranking Member of the House Homeland Security Committee Peter King said: “In a post-9/11 reality, passenger vigilance is essential to security. If we fail to protect passengers that report suspicious behavior, it would be a huge victory for terrorists. It is terrific news that Chairman Lieberman and Ranking Member Collins have thrown their weight behind this important measure. If we expect the 9/11 bill to be meaningful, substantive homeland security legislation, the ‘John Doe’ protections for passengers must remain a part of it.”

Rep. Shuster commented: “No American should ever be sued because they tried to stop a terrorist act. No American should be forced to second guess a decision to alert authorities that could save the lives of other. This legislation will protect vigilant American against the threat of punitive and frivolous lawsuits whose only objective is to chill public involvement in the War on Terror when we need it most. I applaud Rep. Pearce and Rep. King for their leadership in spearheading this legislation with me.”

‘John Doe’ bill reintroduced after Congressional conference stall

Katherine Kersten, Minneapolis Star-Tribune commentator reports:

Last week, we learned that federal authorities have foiled a plot to kill American soldiers at Fort Dix, N.J. The FBI uncovered the plan after an alert Circuit City clerk passed on suspicious video footage that the alleged conspirators had asked him to transfer onto a DVD.

The clerk’s action was just the kind of citizen vigilance that a new bill before Congress is designed to encourage, and to shield such citizens against intimidation. The bill was inspired by a lawsuit filed in federal District Court in Minneapolis in March by the now famous “Flying Imams.”

The bill’s sponsors submitted it as an amendment to another bill in March. It passed 304-121. Every House Republican and 105 Democrats voted for the it. Opponents included Minnesota’s Keith Ellison, Betty McCollum and Jim Oberstar.

So where is the bill now? It’s stuck in a House-Senate conference committee. Last Friday, however, Sen. Joe Lieberman, a Connecticut Independent, and others introduced a standalone version of the bill, and this week sponsors plan to do the same in the House.

The stakes here are large. What would have happened at Fort Dix if the store clerk had hesitated to contact authorities because he feared a retaliatory lawsuit? We might be watching funerals on TV.

J.P Weis, the FBI agent in charge of the case, praised the anonymous clerk. “I want to especially salute the unsung hero who took the initiative to report the video to local authorities,” he said in a news release. Weis continued: “We need to reach the point where everyone is willing to come forward and say to law enforcement, ‘I have seen or heard something that you need to know.’ ”

But if Congress refuses to act on the Protecting Americans Fighting Terrorism Act, that point will never come.

This bill should have sailed through the House and the Senate and been on the president’s desk in a week,” says Kline. “It’s amazing to me that some people still don’t understand the nature of the threat we face.”