Section 1. Short title
This Act may be cited as the Securing Access to Fertility Everywhere Act or as the SAFE Act.
(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.