II 

117TH CONGRESS 

2D SESSION S. 4504 

To protect freedom of travel and reproductive rights. 

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. LUJA ́N, 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 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 for Health Care Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The right to travel freely and voluntarily 

2 among the several States is one of the chief privi3 leges and immunities guaranteed to all citizens of 

4 the United States by the 14th Amendment and one 

5 of the fundamental rights guaranteed to all persons 

6 under the 14th Amendment’s Equal Protection 

7 Clause. 

8 (2) Section 5 of the 14th Amendment empowers 

9 Congress to enforce, by appropriate legislation, its 

10 provisions. 

11 (3) Article 1, section 8, clause 3 of the Con12 stitution of the United States empowers Congress to 

13 regulate commerce among the several States. 

14 (4) The Supreme Court has repeatedly held 

15 that ‘‘a citizen of one State who travels in other 

16 States, intending to return home at the end of his 

17 journey, is entitled to enjoy the ‘Privileges and Im18 munities of Citizens in the several States’ that he 

19 visits’’ (Saenz v. Roe, 526 U.S. 489, 501 (1999) 

20 (citing Corfield v. Coryell, 6 F. Cas. 546 (No. 3,230) 

21 (C.C.E.D.Pa.1823); Edwards v. California, 314 U.S. 

22 160 (1941); United States v. Guest, 383 U.S. 745 

23 (1966))). 

24 (5) The Supreme Court long ago decided that 

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1 tees to citizens of 1 State is the ‘‘fundamental’’ right 

2 to travel to another State to seek and obtain services 

3 lawful in that State, including medical services, on 

4 terms of substantial equality with the citizens of 

5 that State (Toomer v. Witsell, 334 U.S. 385, 396 

6 (1948); Hicklin v. Orbeck, 437 U.S. 518, 525 

7 (1978); Doe v. Bolton, 410 U.S. 179, 200 (1973) 

8 (citing Ward v. Maryland, 79 U.S. 418 (1870)); 

9 Chalker v. Birmingham & N.W.R. Co., 249 

10 U.S. 522, 527 (1919); Shaffer v. Carter, 252 U.S. 

11 37, 52, 53 (1920)). 

12 (6) In 2022, legislation introduced in State leg13 islatures, and draft legislation proposed to State leg14 islators by interest groups, attempts to restrict free15 dom to travel for reproductive health care. 

16 SEC. 3. FREEDOM OF TRAVEL. 

17 (a) PROHIBITED CONDUCT.—It shall be unlawful for 

18 any person or government to— 

19 (1) restrict or in way sanction, hold liable, dis20 criminate against, or otherwise disadvantage any in21 dividual from traveling to another State to receive or 

22 provide reproductive health care that is legal in that 

23 State; 

24 (2) restrict or in any way sanction, hold liable, 

25 discriminate against, or otherwise disadvantage any 


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1 individual, entity, or nonprofit organization from as2 sisting an individual in traveling to another State to 

3 receive or provide reproductive health care that is 

4 legal in that State; 

5 (3) deny any right, benefit, or privilege to an 

6 individual, entity, or nonprofit organization as retal7 iation for another person’s travel to another State to 

8 receive or provide reproductive health care that is 

9 legal in that State; or 

10 (4) restrict or in any way sanction, hold liable, 

11 discriminate against, or otherwise disadvantage a re12 productive health care provider for providing, initi13 ating, or otherwise enabling reproductive health care 

14 services for an individual who does not reside in the 

15 State wherein the provider offers health care services 

16 if it would be legal for the health care provider to 

17 provide, initiate, or otherwise enable the same repro18 ductive health care services to an individual who re19 sides in the State where the provider offers health 

20 care services. 

21 (b) PREEMPTION.—A State law that is inconsistent 

22 with this section shall be preempted and shall have no 

23 legal effect. No State, State official, or any other person 

24 acting under the color of law may enforce or apply any 

25 law that is inconsistent with this section. 


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1 (c) ENFORCEMENT.— 

2 (1) ATTORNEY GENERAL.—The Attorney Gen3 eral may commence a civil action in United States 

4 district court on behalf of the United States against 

5 any State, State official, or any other person acting 

6 under the color of law in violation of this section. 

7 The court shall hold unlawful and set aside the limi8 tation or requirement if it is in violation of this sec9 tion. 

10 (2) PRIVATE RIGHT OF ACTION.—Any indi11 vidual or entity adversely affected by an alleged vio12 lation of this section may commence a civil action in 

13 State or Federal court against any State, State offi14 cial, or any other person acting under the color of 

15 law in violation of this section. The court shall hold 

16 unlawful and set aside the limitation or requirement 

17 if it is in violation of this section. 

18 (3) REPRODUCTIVE HEALTH CARE PRO19 VIDER.—A reproductive health care provider may 

20 commence an action for relief on its own behalf, on 

21 behalf of the provider’s staff, or on behalf of the 

22 provider’s patients who are or may be adversely af23 fected by an alleged violation of this section. 

24 (4) REMEDIES.—In any action under this sec25 tion, the court may award appropriate relief, includVerDate Sep 11 2014 02:32 Jul 13, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4504.IS S4504

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1 ing damages, declaratory relief, and temporary, pre2 liminary, or permanent injunctive relief. 

3 (5) COSTS.—In any action under this section, 

4 the court shall award costs of litigation, as well as 

5 reasonable attorney’s fees, to any prevailing plain6 tiff. A plaintiff shall not be liable to a defendant for 

7 costs or attorney’s fees in any non-frivolous action 

8 under this section. 

9 (6) JURISDICTION.—The district courts of the 

10 United States shall have jurisdiction over pro11 ceedings under this section and shall exercise the 

12 same without regard to whether the party aggrieved 

13 shall have exhausted any administrative or other 

14 remedies that may be provided for by law. 

15 (7) ABROGATION OF STATE IMMUNITY.—Nei16 ther a State that enforces or maintains, nor a gov17 ernment official who implements or enforces, any 

18 limitation or requirement that violates this section 

19 shall be immune under the Tenth Amendment to the 

20 Constitution of the United States, the Eleventh 

21 Amendment to the Constitution of the United 

22 States, the doctrine of sovereign immunity, the doc23 trine of qualified immunity, or any other source of 

24 law, from an action in a Federal or State court of 


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1 competent jurisdiction challenging that limitation or 

2 requirement. 

3 (8) RIGHT TO REMOVE.—A defendant shall 

4 have a right to remove to Federal court any civil or 

5 criminal proceeding that would have the purpose or 

6 effect of interfering with or imposing any liability for 

7 the exercise of the travel right in this section, with 

8 venue in the district court of the United States for 

9 the district and division embracing the place wherein 

10 such proceeding is pending. An order remanding the 

11 case to State court may be immediately reviewable 

12 on appeal or otherwise. 

13 (d) DEFINITIONS.—In this Act: 

14 (1) GOVERNMENT.—The term ‘‘government’’ 

15 includes each branch, department, agency, instru16 mentality, and official of the United States or of a 

17 State. 

18 (2) REPRODUCTIVE HEALTH CARE.—The term 

19 ‘‘reproductive health care’’ means medical, surgical, 

20 counseling, or referral services related to pregnancy, 

21 the termination of a pregnancy, contraception serv22 ices, and other reproductive care. 

23 (3) STATE.—The term ‘‘State’’ includes the 

24 District of Columbia, Puerto Rico, each territory 

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1 division of a State, including any unit of local gov2 ernment, such as a county, city, town, village, or 

3 other general purpose political subdivision of a 

4 State. 

5 SEC. 4. SEVERABILITY. 

6 If any provision of this Act, or the application of such 

7 provision to any person, entity, government, or cir8 cumstance, is held to be unconstitutional, the remainder 

9 of this Act, or the application of such provision to all other 

10 persons, entities, governments, or circumstances, shall not 

11 be affected thereby. 

Æ 


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