1. Short title
This Act may be cited as the “Protecting Cures Act of 2020”.
Protecting Cures Act of 2020
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.
2. Prohibition against withholding funds in cases of technical and scientific merit
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—
the research has been recommended for approval in accordance with paragraphs (1) and (2) of subsection (a) of such section 492A;
the research will be carried out in accordance with section 498A of such Act (42 U.S.C. 289g–1); and
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).
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—
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
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.
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).