Freedom to Travel Act of 2021

To protect the right to travel by common carrier, and for other purposes. 1. Short title This Act may be cited as the Freedom to Travel Act of 2021 2. Right to travel by common carrier (a) In general All persons shall have the right to travel by common carrier. (b) Refusal of transportation No person not under lawful arrest may be denied or refused transportation by air, rail, road, or water by a common carrier, except on the basis of— (1) failure or refusal to pay the fare or comply with the rules of the fare and the general conditions of carriage specified in the published tariff of the carrier; (2) failure or refusal to submit to an administrative search, if required by applicable Federal law or regulations, which shall be limited to a search for weapons, explosives, or incendiary devices likely to pose a threat to the safety of the conveyance, passengers, or crew; or (3) an order from a court of competent jurisdiction. 3. Civil action for deprivation of the right to travel by common carrier (a) In general A common carrier, person, or Federal agency that denies or refuses transportation by common carrier to an individual, except as provided by section 2(b) of this Act, shall be liable to such individual in an amount equal to the sum of— (1) any actual damages sustained by an individual as a result of the denial or refusal of transportation or damages of not less than $1,000 and not more than $10,000; (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Waiver of sovereign immunity The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this section. 4. Judicial review Section 46110 of title 49, United States Code, is amended— (1) in subsection (a) by striking or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration (2) by striking , Administrator of the Transportation Security Administration, 5. Refusal to transport passengers and property Section 44902 of title 49, United States Code, is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b).

Summary: Freedom to Travel Act of 2021 This bill prohibits common carriers from denying or refusing to transport a person who is not under lawful arrest except on specified grounds. A common carrier may deny or refuse service if the individual fails or refuses to (1) pay the fare; (2) comply with the rules of the fare; or (3) submit to a legally required search for weapons, explosives, or incendiary devices likely to pose a safety threat. A common carrier may also deny or refuse service pursuant to a court order. The bill sets out penalties for failing to comply with the prohibition, and states are not immune from suits for violations.