S.Amdt. 1919

1. Replaces “(b)” with new text

   ReplacesPage 184, line 12Printed page

   Struck: (b)

   Inserted: (b) Limitation on Landowner's Liability.--Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by inserting after subsection (g) the following:

   Inserted: "(h) Indemnity for Actions of Law Enforcement Officers.--

   Inserted: "(1) In general.--Subject to appropriations, an owner of land located within 100 miles of the international land border of the United States may seek reimbursement from the Department of Homeland Security for any adverse final tort judgment for negligence (excluding attorneys' fees and costs) authorized under the Federal or State tort law, arising directly from such border security activity if--

   Inserted: "(A) such owner has been found negligent by a Federal or State court in any tort litigation;

   Inserted: "(B) such owner has not already been reimbursed for the final tort judgment, including outstanding attorney's fees and costs;

   Inserted: "(C) such owner did not have or does not have sufficient property insurance to cover the judgment and have had an insurance claim for such coverage denied; and

   Inserted: "(D) such tort action was brought as a direct result of activity of law enforcement officers of the Department of Homeland Security, acting in their official capacity, on the owner's land.

   Inserted: "(2) Definitions.--In this subsection--

   Inserted: "(A) the term 'land' includes roads, water, watercourses, and private ways, and buildings, structures, machinery and equipment that is attached to real property; and

   Inserted: "(B) the term 'owner' includes the possessor of a fee interest, a tenant, lessee, occupant, the possessor of any other interest in land, or any person having a right to grant permission to use the land.

   Inserted: "(3) Exceptions.--Nothing in this subsection may be construed to limit landowner liability which would otherwise exist for--

   Inserted: "(A) willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;

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   Inserted: "(B) maintaining an attractive nuisance;

   Inserted: "(C) gross negligence; or

   Inserted: "(D) direct interference with, or hindrance of, any agent or officer of the Federal Government who is authorized to enforce the immigration laws of the United States during--

   Inserted: "(i) a patrol of such landowner's land; or

   Inserted: "(ii) any action taken to apprehend or detain any alien attempting to enter the United States illegally or evade execution of an arrest warrant for a violation of any immigration law.

   Inserted: "(4) Savings provision.--Nothing in this subsection may be construed to affect any right or remedy available pursuant to the Federal Tort Claims Act.".

   Inserted: (c)

   Original wording

   On page 184, line 12, strike “(b)” and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed