Freedom to Travel for Health Care Act of 2022
Bill: S.4504 | Sponsor: Sen. Cortez Masto, Catherine (D-NV)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Freedom to Travel for Health Care Act of 2022
This bill prohibits anyone from interfering with a person's ability to access out-of-state reproductive health care. (Reproductive health care is defined as medical, surgical, counseling, or referral services related to pregnancy, the termination of a pregnancy, contraception services, and other reproductive care.)
Specifically, the bill prohibits anyone from restricting, discriminating against, or otherwise disadvantaging anyone who receives, provides, or assists with out-of-state reproductive health care that is legal in the state in which it is provided.
The bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The bill specifically waives any applicable governmental immunity and preempts any contravening state laws.

To protect freedom of travel and reproductive rights.

    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 for Health Care 
Act of 2022''.

SEC. 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.

SEC. 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.

SEC. 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.
                                 <all>