I 

117TH CONGRESS 

1ST SESSION H. R. 6030 

To protect the right to travel by common carrier, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2021 

Mr. GOSAR introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Homeland Security, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To protect the right to travel by common carrier, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Travel 

5 Act of 2021’’. 

6 SEC. 2. RIGHT TO TRAVEL BY COMMON CARRIER. 

7 (a) IN GENERAL.—All persons shall have the right 

8 to travel by common carrier. 


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1 (b) REFUSAL OF TRANSPORTATION.—No person not 

2 under lawful arrest may be denied or refused transpor3 tation by air, rail, road, or water by a common carrier, 

4 except on the basis of— 

5 (1) failure or refusal to pay the fare or comply 

6 with the rules of the fare and the general conditions 

7 of carriage specified in the published tariff of the 

8 carrier; 

9 (2) failure or refusal to submit to an adminis10 trative search, if required by applicable Federal law 

11 or regulations, which shall be limited to a search for 

12 weapons, explosives, or incendiary devices likely to 

13 pose a threat to the safety of the conveyance, pas14 sengers, or crew; or 

15 (3) an order from a court of competent jurisdic16 tion. 

17 SEC. 3. CIVIL ACTION FOR DEPRIVATION OF THE RIGHT TO 

18 TRAVEL BY COMMON CARRIER. 

19 (a) IN GENERAL.—A common carrier, person, or 

20 Federal agency that denies or refuses transportation by 

21 common carrier to an individual, except as provided by 

22 section 2(b) of this Act, shall be liable to such individual 

23 in an amount equal to the sum of— 

24 (1) any actual damages sustained by an indi25 vidual as a result of the denial or refusal of transVerDate Sep 11 2014 23:06 Dec 02, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6030.IH H6030

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1 portation or damages of not less than $1,000 and 

2 not more than $10,000; 

3 (2) such amount of punitive damages as the 

4 court may allow; and 

5 (3) in the case of any successful action to en6 force any liability under this section, the costs of the 

7 action together with reasonable attorney’s fees as de8 termined by the court. 

9 (b) WAIVER OF SOVEREIGN IMMUNITY.—The United 

10 States, all agencies and instrumentalities thereof, and all 

11 individuals, firms, corporations, other persons acting for 

12 the United States and with the authorization and consent 

13 of the United States, shall not be immune from suit in 

14 Federal or State court by any person, including any gov15 ernmental or nongovernmental entity, for any violation 

16 under this section. 

17 SEC. 4. JUDICIAL REVIEW. 

18 Section 46110 of title 49, United States Code, is 

19 amended— 

20 (1) in subsection (a) by striking ‘‘or the Admin21 istrator of the Transportation Security Administra22 tion with respect to security duties and powers des23 ignated to be carried out by the Administrator of the 

24 Transportation Security Administration’’; and 


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1 (2) by striking ‘‘, Administrator of the Trans2 portation Security Administration,’’ each place it ap3 pears. 

4 SEC. 5. REFUSAL TO TRANSPORT PASSENGERS AND PROP5 ERTY. 

6 Section 44902 of title 49, United States Code, is 

7 amended— 

8 (1) by striking subsection (b); and 

9 (2) by redesignating subsection (c) as sub10 section (b). 

Æ 


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