118th CONGRESS
2d Session
H. R. 9416
Introduced in House (08/27/2024)
To recognize the right to assisted reproductive technology and to limit liability for certain actions committed during the course of providing assisted reproductive technology.
IN THE HOUSE OF REPRESENTATIVES
August 27, 2024
introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To recognize the right to assisted reproductive technology and to limit liability for certain actions committed during the course of providing assisted reproductive technology.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Securing Access to Fertility Everywhere Act ”or as the “SAFE Act”.
SEC. 2. RIGHT TO ASSISTED REPRODUCTIVE TECHNOLOGY.
(a) In General.—No individual acting under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, may subject, or cause to be subjected, any citizen of the United States or other individual within the jurisdiction thereof to any undue burden on the right to use assisted reproductive technology, including in vitro fertilization.
(b) Limitation On Liability.—No individual acting under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, may subject, or cause to be subjected, any citizen of the United States or other individual within the jurisdiction thereof to liability for wrongful death for non-negligent accidents occurring during the processing, transporting, or storing of human embryonic or gamete tissues and cells created using assisted reproductive technology, including in vitro fertilization, that cause unintended damage to the viability of a human embryo.
(c) Definition.—The term “assisted reproductive technology” means all treatments or procedures which include the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and such other specific technologies as the Secretary may by rule determine.