S. 4504Senate117th Congress (2021-2023)In Committee

Freedom to Travel for Health Care Act of 2022

Introduced July 12, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:31 PM UTC

The Freedom to Travel for Health Care Act of 2022 creates a federal right to travel across state lines to obtain or provide reproductive health care that is legal in the destination state. It bars states, officials, or private parties from restricting, penalizing, or discriminating against anyone who travels, assists, or provides such care. The law preempts conflicting state statutes and gives the Attorney General and private parties the ability to sue for violations, with courts able to award damages and injunctions.

Key Provisions

  • Prohibits any government or person from restricting, penalizing, or discriminating against individuals, entities, or nonprofits who travel to another state for legal reproductive health care or who assist such travel.
  • Preempts any state law that conflicts with this protection, rendering it unenforceable.
  • Allows the Attorney General to bring civil actions against violators and permits affected individuals, entities, and reproductive health providers to sue in state or federal court.
  • Courts may grant damages, declaratory relief, injunctions, attorney’s fees, and costs; federal district courts have jurisdiction and can remove cases from state courts.
  • Defines “reproductive health care” broadly to include medical, surgical, counseling, and referral services related to pregnancy, abortion, contraception, and other reproductive care.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

July 12, 2022

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SenateIntro Referral

Introduced in Senate

July 12, 2022

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

July 12, 2022

Floor Debate

11 members

What members said about S. 4504 on the floor

2 Republicans9 Democrats
Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Jul 14, 2022

Mr. President, I appreciate my colleague from Washington and the question posed because it is exactly part of the concern we have. I was home in Nevada just recently, and I am very proud Nevada is a…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jul 14, 2022

Mr. President, I thank Senator Cantwell for her leadership and especially Senator Cortez Masto for her legislation which I am about to address. I know that she is running to things today--was in the…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Jul 14, 2022

Madam President, I thank the senior Senator from Minnesota for her remarks and for what brings us to the floor today. This is the first time in American history that a fundamental constitutional…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Jul 14, 2022

Madam President, I rise today in support of the Freedom to Travel for Health Care Act--something that Senator Cortez Masto, our colleague from Nevada, is leading. I do want to take a moment, however,…

Patty Murray
Sen. Patty MurrayD-WA · Jul 14, 2022

Mr. President, yesterday, I chaired a hearing focused on driving home the devastating repercussions of the healthcare crisis Republicans caused by overturning Roe and ending the right to abortion. At…

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James Lankford
Sen. James LankfordR-OK · Jul 14, 2022

Reserving the right to object, this is my first time to be able to stand and speak since the Court made its decision in Dobbs. I have been on this floor I actually don't know how many times talking…

Ron Wyden
Sen. Ron WydenD-OR · Jul 14, 2022

Mr. President, many colleagues want to speak, and I am going to be brief. The name of Senator Cortez Masto's bill sums up what this is really all about. The Senator has proposed--and she is a former…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Jul 14, 2022

Mr. President, I am very glad to stand with Senator Cortez Masto to support this legislation and also recognize the leadership of Senator Murray on this issue as we fight to protect fundamental…

John W. Hickenlooper
Sen. John W. HickenlooperD-CO · Jul 14, 2022

Mr. President, the Senate should absolutely support the Freedom to Travel for Health Care Act. Currently, abortion is banned in 10 States, with many more set to follow--now, not in Colorado, where we…

Steve Daines
Sen. Steve DainesR-MT · Jul 14, 2022

Mr. President, recently the Supreme Court righted a historic injustice, and it was clearly written in the opinion by Justice Alito. It said this is to return the power to the people, return the power…

Maria Cantwell
Sen. Maria CantwellD-WA · Jul 14, 2022

Mr. President, while other colleagues are joining us to speak on behalf of the Cortez Masto language, I wanted to thank the Senator from Nevada for her legislation and just emphasize how important…

Bill Text

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Introduced in SenateIssued July 12, 2022

II

117th CONGRESS

2d Session

S. 4504

IN THE SENATE OF THE UNITED STATES

July 12, 2022

Ms. Cortez Masto (for herself, Mr. Whitehouse, Mrs. Murray, Mrs. Gillibrand, Mr. Durbin, Mr. Schumer, Mr. Blumenthal, Mr. Hickenlooper, Mr. Padilla, Ms. Cantwell, Ms. Klobuchar, Mr. Menendez, Ms. Stabenow, Mr. Reed, Ms. Duckworth, Mrs. Feinstein, Mr. Murphy, Ms. Hirono, Ms. Smith, Mr. Bennet, Ms. Baldwin, Mr. Coons, Mr. Markey, Mr. Warnock, Mr. Van Hollen, Mr. Wyden, Mr. Kaine, Ms. Warren, Mr. Luján, Mr. Booker, Mr. Brown, Ms. Rosen, Mr. Sanders, Mr. Tester, Mr. Warner, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To protect freedom of travel and reproductive rights.

1.

Short title

This Act may be cited as the Freedom to Travel for Health Care Act of 2022.

2.

Findings

Congress finds the following:

(1)

The right to travel freely and voluntarily among the several States is one of the chief privileges and immunities guaranteed to all citizens of the United States by the 14th Amendment and one of the fundamental rights guaranteed to all persons under the 14th Amendment’s Equal Protection Clause.

(2)

Section 5 of the 14th Amendment empowers Congress to enforce, by appropriate legislation, its provisions.

(3)

Article 1, section 8, clause 3 of the Constitution of the United States empowers Congress to regulate commerce among the several States.

(4)

The Supreme Court has repeatedly held that a citizen of one State who travels in other States, intending to return home at the end of his journey, is entitled to enjoy the Privileges and Immunities of Citizens in the several States that he visits (Saenz v. Roe, 526 U.S. 489, 501 (1999) (citing Corfield v. Coryell, 6 F. Cas. 546 (No. 3,230) (C.C.E.D.Pa.1823); Edwards v. California, 314 U.S. 160 (1941); United States v. Guest, 383 U.S. 745 (1966))).

(5)

The Supreme Court long ago decided that one of the privileges which the Constitution guarantees to citizens of 1 State is the fundamental right to travel to another State to seek and obtain services lawful in that State, including medical services, on terms of substantial equality with the citizens of that State (Toomer v. Witsell, 334 U.S. 385, 396 (1948); Hicklin v. Orbeck, 437 U.S. 518, 525 (1978); Doe v. Bolton, 410 U.S. 179, 200 (1973) (citing Ward v. Maryland, 79 U.S. 418 (1870)); Chalker v. Birmingham & N.W.R. Co., 249 U.S. 522, 527 (1919); Shaffer v. Carter, 252 U.S. 37, 52, 53 (1920)).

(6)

In 2022, legislation introduced in State legislatures, and draft legislation proposed to State legislators by interest groups, attempts to restrict freedom to travel for reproductive health care.

3.

Freedom of travel

(a)

Prohibited conduct

It shall be unlawful for any person or government to—

(1)

restrict or in way sanction, hold liable, discriminate against, or otherwise disadvantage any individual from traveling to another State to receive or provide reproductive health care that is legal in that State;

(2)

restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage any individual, entity, or nonprofit organization from assisting an individual in traveling to another State to receive or provide reproductive health care that is legal in that State;

(3)

deny any right, benefit, or privilege to an individual, entity, or nonprofit organization as retaliation for another person’s travel to another State to receive or provide reproductive health care that is legal in that State; or

(4)

restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage a reproductive health care provider for providing, initiating, or otherwise enabling reproductive health care services for an individual who does not reside in the State wherein the provider offers health care services if it would be legal for the health care provider to provide, initiate, or otherwise enable the same reproductive health care services to an individual who resides in the State where the provider offers health care services.

(b)

Preemption

A State law that is inconsistent with this section shall be preempted and shall have no legal effect. No State, State official, or any other person acting under the color of law may enforce or apply any law that is inconsistent with this section.

(c)

Enforcement

(1)

Attorney general

The Attorney General may commence a civil action in United States district court on behalf of the United States against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section.

(2)

Private right of action

Any individual or entity adversely affected by an alleged violation of this section may commence a civil action in State or Federal court against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section.

(3)

Reproductive health care provider

A reproductive health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this section.

(4)

Remedies

In any action under this section, the court may award appropriate relief, including damages, declaratory relief, and temporary, preliminary, or permanent injunctive relief.

(5)

Costs

In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section.

(6)

Jurisdiction

The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law.

(7)

Abrogation of State immunity

Neither a State that enforces or maintains, nor a government official who implements or enforces, any limitation or requirement that violates this section shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, the doctrine of sovereign immunity, the doctrine of qualified immunity, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement.

(8)

Right to remove

A defendant shall have a right to remove to Federal court any civil or criminal proceeding that would have the purpose or effect of interfering with or imposing any liability for the exercise of the travel right in this section, with venue in the district court of the United States for the district and division embracing the place wherein such proceeding is pending. An order remanding the case to State court may be immediately reviewable on appeal or otherwise.

(d)

Definitions

In this Act:

(1)

Government

The term government includes each branch, department, agency, instrumentality, and official of the United States or of a State.

(2)

Reproductive health care

The term reproductive health care means medical, surgical, counseling, or referral services related to pregnancy, the termination of a pregnancy, contraception services, and other reproductive care.

(3)

State

The term State includes the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State.

4.

Severability

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.