Protecting Cures Act of 2020

#6417 | HR Congress #116

Last Action: Referred to the House Committee on Energy and Commerce. (3/31/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary


The Protecting Cures Act of 2020 is a bill that aims to prevent the Secretary of Health and Human Services from withholding funds for research that involves the use of human fetal tissue. This Act also requires that any research using human fetal tissue must be approved by an ethics advisory board and conducted in accordance with established guidelines. The Act defines human fetal tissue as tissue obtained from a human fetus, and prohibits the use of tissue obtained in violation of federal law. The Act also considers a report from the Human Fetal Tissue Transplantation Research Panel in 1988 as an official ethics review, as long as it is not arbitrary or capricious. Overall, the Act aims to protect research that has been deemed ethical and scientifically valid, while still ensuring the proper and ethical use of human fetal tissue.

Possible Impacts



1. The legislation could affect researchers who rely on funding from the Secretary of Health and Human Services for their research using human fetal tissue. If the proposal for their research is not recommended for approval or does not meet certain requirements, they may not receive the necessary funding to conduct their research.
2. The legislation could also affect individuals seeking medical treatments or cures that may potentially involve the use of human fetal tissue. If the research using this tissue is not approved or funded, it may delay or prevent the development of potential treatments or cures.
3. The legislation could also have ethical implications for those who are opposed to the use of human fetal tissue in research. They may see this legislation as a violation of their beliefs and values, and may feel that their morals are being compromised by allowing such research to continue.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6417 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6417

To prohibit the Secretary of Health and Human Services from withholding 
  funds for certain research using human fetal tissue, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2020

   Ms. Schakowsky (for herself, Mr. Pocan, Mrs. Watson Coleman, Mr. 
  Nadler, Ms. Speier, Ms. DeGette, Ms. Frankel, Ms. DelBene, and Mr. 
   Huffman) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the Secretary of Health and Human Services from withholding 
  funds for certain research using human fetal tissue, and for other 
                               purposes.

    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 ``Protecting Cures Act of 2020''.

SEC. 2. PROHIBITION AGAINST WITHHOLDING FUNDS IN CASES OF TECHNICAL AND 
              SCIENTIFIC MERIT.

    (a) In General.--In the case of any proposal for research using 
human fetal tissue, the Secretary of Health and Human Services may not 
withhold funds because of considerations under subsection (b)(1) of 
section 492A of the Public Health Service Act (42 U.S.C. 289a-1) if--
            (1) the research has been recommended for approval in 
        accordance with paragraphs (1) and (2) of subsection (a) of 
        such section 492A;
            (2) the research will be carried out in accordance with 
        section 498A of such Act (42 U.S.C. 289g-1); and
            (3) there are reasonable assurances that the research will 
        not utilize any human fetal tissue that has been obtained in 
        violation of section 498B(a) of such Act (42 U.S.C. 289g-2).
    (b) Standing Approval Regarding Ethical Status.--In the case of any 
proposal for research using human fetal tissue, the issuance of the 
report of the Human Fetal Tissue Transplantation Research Panel in 
December 1988 shall be deemed to be a report--
            (1) issued by an ethics advisory board pursuant to section 
        492A(b)(5)(B)(ii) of the Public Health Service Act (42 U.S.C. 
        289a-1(b)(5)(B)(ii)); and
            (2) finding, on a basis that is neither arbitrary nor 
        capricious, that the nature of the research is such that it is 
        not unethical to conduct or support the research.
    (c) Definition.--For purposes of this section, the term ``human 
fetal tissue'' has the meaning given such term in section 498A of the 
Public Health Service Act (42 U.S.C. 289g-1).
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