Freedom to Travel for Health Care Act of 2026
- Bill Number
- S. 4701
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2026-06-08: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-07-02T18:57:29Z
AI-Generated Summary
Freedom to Travel for Health Care Act of 2026
Purpose This legislation aims to safeguard the ability of individuals to travel freely between states to obtain or provide reproductive health care services that are legal in the destination state. It responds to state and local efforts to restrict such travel following the 2022 Supreme Court decision in Dobbs v. Jackson Women's Health Organization.
Key Provisions
- Prohibits any person or government from restricting, sanctioning, discriminating against, or disadvantaging individuals, entities, or organizations involved in interstate travel for legal reproductive health care.
- Bars denial of rights, benefits, or privileges as retaliation for such travel.
- Prevents states from penalizing reproductive health care providers for serving out-of-state patients when the same services would be legal for in-state residents.
- Establishes federal preemption, rendering inconsistent state laws unenforceable.
- Creates enforcement mechanisms, including civil actions by the U.S. Attorney General and private rights of action for affected individuals, entities, and providers.
- Allows courts to award damages, declaratory relief, and injunctive relief, plus attorney fees to prevailing plaintiffs.
- Abrogates state sovereign and qualified immunity in related lawsuits and permits removal of cases to federal court.
- Defines "reproductive health care" broadly to include medical, surgical, counseling, and referral services related to pregnancy prevention or termination.
Significant Changes to Existing Law
- Introduces new federal statutory protections for interstate travel specifically tied to reproductive health care, building on constitutional privileges and immunities.
- Overrides state laws that interfere with such travel or impose liability on providers serving non-residents.
- Expands federal court jurisdiction and removes traditional state immunity defenses in enforcement actions.
Potential Impacts
- Government agencies: Limits state and local governments' authority to enforce travel-restricting measures; enables federal oversight through Attorney General lawsuits.
- Citizens: Protects individuals seeking or assisting with reproductive health care across state lines from legal penalties.
- International relations: No direct effects, as the bill focuses exclusively on domestic interstate matters.
Main Stakeholders Affected
- Individuals seeking reproductive health care services.
- Reproductive health care providers and organizations.
- States and localities with laws restricting abortion or related services.
- Advocacy groups and entities supporting or opposing interstate travel for such care.
Notable Legal, Constitutional, or Political Implications
- Relies on the 14th Amendment's Privileges and Immunities and Equal Protection Clauses, plus the Commerce Clause, to justify federal intervention.
- Explicitly preempts conflicting state laws and eliminates sovereign immunity barriers, potentially leading to increased federal-state litigation.
- Includes a severability clause to preserve the rest of the Act if any part is found unconstitutional.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
Cosponsors (35)
Sen. Whitehouse, Sheldon [D-RI], Sen. Murray, Patty [D-WA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Markey, Edward J. [D-MA], Sen. Warren, Elizabeth [D-MA], Sen. Hickenlooper, John W. [D-CO], Sen. Duckworth, Tammy [D-IL], Sen. Merkley, Jeff [D-OR], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Gallego, Ruben [D-AZ], Sen. Shaheen, Jeanne [D-NH], Sen. Smith, Tina [D-MN], Sen. Sanders, Bernard [I-VT], Sen. Coons, Christopher A. [D-DE], Sen. Klobuchar, Amy [D-MN], Sen. Rosen, Jacky [D-NV], Sen. Bennet, Michael F. [D-CO], Sen. Hirono, Mazie K. [D-HI], Sen. Warner, Mark R. [D-VA], Sen. Schiff, Adam B. [D-CA], Sen. Reed, Jack [D-RI], Sen. Wyden, Ron [D-OR], Sen. Cantwell, Maria [D-WA], Sen. Heinrich, Martin [D-NM], Sen. Padilla, Alex [D-CA], Sen. Baldwin, Tammy [D-WI], Sen. Van Hollen, Chris [D-MD], Sen. Slotkin, Elissa [D-MI], Sen. Luján, Ben Ray [D-NM], Sen. Kaine, Tim [D-VA], Sen. Murphy, Christopher [D-CT], Sen. Fetterman, John [D-PA], Sen. Blunt Rochester, Lisa [D-DE], Sen. Alsobrooks, Angela D. [D-MD]
Recent Actions
- 2026-06-08: Read twice and referred to the Committee on the Judiciary.
- 2026-06-08: Introduced in Senate
Bill Versions
- Freedom to Travel for Health Care Act of 2026 — issued 2026-06-08 — PDF (8 pages)