Freedom to Travel Act of 2021
Bill: H.R.6030 | Sponsor: Rep. Gosar, Paul A. (R-AZ)
Policy area: Transportation and Public Works

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.

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Travel Act of 2021''.

SEC. 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.

SEC. 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.

SEC. 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''; 
        and
            (2) by striking ``, Administrator of the Transportation 
        Security Administration,'' each place it appears.

SEC. 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).
                                 <all>