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112
TH
CONGRESS
1
ST
S
ESSION
H. R. 733
To amendthePublicHealthServiceActtoprovideforaPancreaticCancer
Initiative, andforotherpurposes.
IN THE HOUSE OF REPRESENTATIVES
F
EBRUARY
16, 2011
Ms. E
SHOO
(for herself, Mr. L
ANCE
, and Mr. R
EICHERT
) introduced the
following bill; which was referred tothe Committee on Energy and Commerce
A BILL
To amendthePublicHealthServiceActtoprovidefor
a PancreaticCancerInitiative,andforotherpurposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; FINDINGS. 3
(a) S
HORT
T
ITLE
.—This Act may be cited as the 4
‘‘Pancreatic Cancer Research and Education Act’’. 5
(b) F
INDINGS
.—The Congress finds the following: 6
(1) More than 43,000 Americans were expected 7
to be diagnosed with pancreaticcancer in 2010, and 8
over 36,800 were expected to die from the disease. 9
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The incidence among African-Americans is 40 to 50 1
percent higher than other ethnic groups. 2
(2) Pancreaticcancer is one of the few cancers 3
for which survival has not improved substantially 4
over the past 40 years. As a result, in 2003, pan-5
creatic cancer surpassed prostate cancer as the 4th 6
leading cause of cancer-related death in the United 7
States. 8
(3) Seventy-five percent of pancreaticcancer 9
patients die within the first 12 months of the diag-10
nosis. The 5-year survival rate is only 6 percent. 11
(4) Scientific understanding of pancreatic can-12
cer—its etiology, pathogenesis, detection, and treat-13
ment—lags far behind that of most other forms of 14
cancer. In fact, pancreaticcancer is the only one of 15
the top ten cancer killers in the United States that 16
still has a 5-year survival rate in the single digits. 17
(5) In 2001, the National Cancer Institute de-18
veloped ‘‘Pancreatic Cancer: An Agenda for Action’’. 19
As of 2010, only 5 of the report’s 39 recommenda-20
tions have been implemented because of a lack of 21
funding, focus, and commitment. In the meantime, 22
pancreatic cancer deaths have continued to increase. 23
Further, according tothe ‘‘Cancer Trends Progress 24
Report—2009/2010 Update’’, death rates for pan-25
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creatic cancer are increasing while death rates for all 1
cancers combined, including the 4 most common 2
cancers (prostate, breast, lung, and colorectal), con-3
tinue to decline. 4
(6) Pancreaticcancer research funding con-5
stitutes 2 percent of the National Cancer Institute’s 6
Federal research funding, a figure far too low given 7
the severity of the disease, its mortality rate, and 8
how little is known about how to arrest the disease. 9
(7) Of the more than 6,200 research grants 10
awarded in fiscal year 2009 by the National Cancer 11
Institute, only 272 (approximately 4 percent) were 12
categorized by the Institute as at least 50 percent 13
relevant topancreaticcancer research. 14
(8) The future supply of scientists entering this 15
field of study is in serious jeopardy. Training grant 16
(F, K, and T awards) funding in pancreaticcancer 17
decreased by 15 percent from 2008 to 2009, a de-18
cline larger than that experienced by any of the 19
other leading cancers. Pancreaticcancer trainees 20
were awarded between 2.4- and 6.5-fold less grant 21
money in 2009 than young researchers studying the 22
other 4 top cancer killers. 23
(9) In 2007, the Scientific Advisory Board of 24
the PancreaticCancer Action Network reviewed the 25
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current state of the science andthe Federal Govern-1
ment’s efforts on pancreaticcancer research and 2
prepared ‘‘The National Plan to Advance Pancreatic 3
Cancer Research’’ to identify the highest research 4
priorities, scientific infrastructure needs, and work-5
force training requirements that are needed to pro-6
vide the answers that pancreaticcancer patients and 7
their families and loved ones so desperately need. 8
SEC. 2. PANCREATICCANCER INITIATIVE. 9
Part B of title III of thePublicHealthServiceAct 10
(42 U.S.C. 243 et seq.) is amended by adding at the end 11
the following: 12
‘‘SEC. 320B. PANCREATICCANCER INITIATIVE. 13
‘‘(a) P
ANCREATIC
C
ANCER
I
NITIATIVE
.— 14
‘‘(1) E
STABLISHMENT
.—The Secretary shall es-15
tablish and implement aPancreaticCancer Initiative 16
to assist in coordinating activities to address the 17
high mortality rate associated with pancreatic can-18
cer. Such Initiative shall focus on— 19
‘‘(A) advancing research on the causes, di-20
agnosis, and treatment of pancreaticcancer 21
with the goal of increasing the 5-year survival 22
rate; 23
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‘‘(B) promoting a cadre of new investiga-1
tors in the field of pancreaticcancer research; 2
and 3
‘‘(C) increasing physician andpublic 4
awareness of pancreatic cancer. 5
‘‘(2) C
ONSULTATION
.—In carrying out this sub-6
section, the Secretary shall consult with the Director 7
of the National Institutes of Health, the Director of 8
the National Cancer Institute, the Director of the 9
Centers for Disease Control and Prevention, andthe 10
Interdisciplinary PancreaticCancer Coordinating 11
Committee established under subsection (b). 12
‘‘(b) I
NTERDISCIPLINARY
P
ANCREATIC
C
ANCER
C
O
-13
ORDINATING
C
OMMITTEE
.— 14
‘‘(1) E
STABLISHMENT
.—Not later than 60 days 15
after the date of the enactment of this section, the 16
Secretary, in consultation with the Director of the 17
National Institutes of Health, shall establish a com-18
mittee to be known as the Interdisciplinary Pan-19
creatic Cancer Coordinating Committee (in this sub-20
section referred to as the ‘Committee’). 21
‘‘(2) M
EMBERSHIP
.— 22
‘‘(A) I
N GENERAL
.—The members of the 23
Committee shall be appointed by the Secretary, 24
in consultation with the Director of the Na-25
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tional Institutes of Health, and shall consist of 1
13 individuals as follows: 2
‘‘(i) Nine experts in pancreaticcancer 3
research, who are each a full professor at 4
a major academic research institution and 5
who have each received multiple grants 6
from the National Cancer Institute or 7
other entities of the National Institutes of 8
Health with a primary focus on pancreatic 9
cancer research. 10
‘‘(ii) Two new principal investigators 11
in pancreatic cancer, who are each an as-12
sistant-level professor in a major academic 13
research institution and who have each re-14
ceived at least 1 grant from the National 15
Cancer Institute or another entity of the 16
National Institutes of Health with a pri-17
mary focus in pancreaticcancer research. 18
‘‘(iii) One pancreaticcancer advocate. 19
‘‘(iv) The Director of the National 20
Cancer Institute (or the Director’s des-21
ignee). 22
‘‘(B) C
HAIR
.—The Secretary shall des-23
ignate the Chair of the Committee from among 24
its members. 25
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‘‘(C) P
UBLICATION OF NAMES
.—Not later 1
than 30 days after the establishment of the 2
Committee, the Secretary shall publish the 3
names of the Chair and members of the Com-4
mittee on the Website of the Department of 5
Health and Human Services. 6
‘‘(D) T
ERMS
.—The members of the Com-7
mittee shall each be appointed fora 3-year term 8
and, at the end of each such term, may be re-9
appointed. 10
‘‘(E) V
ACANCIES
.—A vacancy on the Com-11
mittee shall be filled by the Secretary in the 12
same manner in which the original appointment 13
was made. 14
‘‘(3) R
ESPONSIBILITIES
.—The Committee 15
shall— 16
‘‘(A) provide advice on overall research ob-17
jectives and benchmarks forpancreaticcancer 18
research; 19
‘‘(B) develop not later than 6 months after 20
the Committee’s establishment and update not 21
less than every 5 years thereafter a strategic 22
plan in accordance with paragraph (4) forthe 23
conduct and support of pancreaticcancer re-24
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search and awareness during the upcoming 5- 1
year period; and 2
‘‘(C) conduct evaluations and make rec-3
ommendations tothe Secretary, the Director of 4
the National Institutes of Health, andthe Di-5
rector of the National Cancer Institute in ac-6
cordance with paragraph (5) regarding the 7
prioritization and award of National Institutes 8
of Health research grants relating topancreatic 9
cancer. 10
‘‘(4) S
TRATEGIC PLAN
.— 11
‘‘(A) D
EVELOPMENT
.—The Committee 12
shall develop not later than 6 months of the 13
Committee’s establishment and update not less 14
than every 5 years thereafter a strategic plan 15
for the conduct and support of pancreatic can-16
cer research and awareness during the upcom-17
ing fiscal 5-year period. 18
‘‘(B) S
UBMISSION
.—The Committee 19
shall— 20
‘‘(i) submit tothe Secretary each stra-21
tegic plan developed under subparagraph 22
(A) forthe upcoming 5-year period; and 23
‘‘(ii) publish each such plan on the 24
Website of the Department of Healthand 25
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Human Services within 30 days after the 1
date of submitting the plan tothe Sec-2
retary under clause (i). 3
‘‘(C) C
ONTENTS
.—Each strategic plan de-4
veloped under subparagraph (A) shall include— 5
‘‘(i) recommended budgetary require-6
ments forpancreaticcancer research, in-7
cluding research grants awarded through 8
the National Cancer Institute, funding for 9
Specialized Programs of Research Excel-10
lence (SPORE) that are focused on pan-11
creatic cancer, and funding forthe portion 12
of thecancer research incubator pilot 13
project established by section 409J(a) that 14
is focused on pancreatic cancer; 15
‘‘(ii) recommendations on the coordi-16
nation of extramural and intramural pan-17
creatic cancer research initiatives and pos-18
sibilities for partnerships among the na-19
tional research institutes, including the 20
National Cancer Institute, the National In-21
stitute of Diabetes and Digestive and Kid-22
ney Diseases, the National Institute of En-23
vironmental Health Sciences, the National 24
Center for Complementary and Alternative 25
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Medicine, andthe National Center on Mi-1
nority HealthandHealth Disparities; 2
‘‘(iii) recommendations for improving 3
physician andpublic education about pan-4
creatic cancer; 5
‘‘(iv) recommendations for increasing 6
the number of scientists with doctorate de-7
grees and clinician-scientists specializing in 8
pancreatic cancer research; and 9
‘‘(v) guidelines for information gath-10
ered by pancreaticcancer patient registries 11
and tissue banks to ensure uniformity and 12
accessibility tothe research community. 13
‘‘(5) P
RIORITIZATION AND AWARD OF NIH RE
-14
SEARCH GRANTS
.— 15
‘‘(A) I
N GENERAL
.—The Committee shall 16
conduct evaluations and make recommendations 17
as needed tothe Secretary, the Director of the 18
National Institutes of Health, andthe Director 19
of the National Cancer Institute regarding the 20
prioritization and award of National Institutes 21
of Health research grants relating topancreatic 22
cancer. 23
‘‘(B) P
EER REVIEW COMMITTEE
.—In car-24
rying out subparagraph (A), the Committee 25
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[...]... The grant is determined to be 12 predominantly relevant topancreatic can- 13 cer research and has a primary focus on at 14 least one of the following areas: 15 ‘‘(I) Basic research to advance 16 the understanding of the biology of 17 pancreatic cancer, its natural history, 18 andthe genetic and environmental 19 factors that contribute to its develop- 20 ment ‘‘(II) Research on more precise 22 diagnostic... 1 cancer research along with a quantifiable measure as 2 tothe relevancy of the grants topancreatic cancer; 3 ‘‘(5) the number of such grants awarded to new 4 principal investigators in pancreaticcancer described 5 in subsection (b)(2) (A) (ii); and 6 ‘‘(6) a summary of progress and deficiencies 7 that were noted in pancreaticcancer research during 8 the preceding year 9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There... 1 may appoint a peer review committee to assist 2 in the evaluation of pancreaticcancer grant ap- 3 plications to ensure that such applications are 4 reviewed by individuals with the appropriate ex- 5 pertise 6 ‘‘(C) EVALUATION.—In evaluating pan- 7 creatic cancer grant applications under sub- 8 paragraph (A) , the Committee shall emphasize 9 grants that achieve at least one of the following 10 goals:... the enactment of this section, and annu5 ally thereafter, the Secretary shall submit a report tothe 6 Congress identifying the steps taken to implement the 7 PancreaticCancer Initiative under subsection (a) The re8 port shall include— 9 ‘‘(1) an assessment of the progress in improv- 10 ing outcomes and reducing mortality rates for those 11 diagnosed with pancreatic cancer; 12 ‘‘(2) an explanation... ‘‘(2) DEFINITION. The term ‘relevant patient 7 advocate and physician organization’ means a na- 8 tionwide organization that— 9 ‘‘ (A) provides evidence-based disease infor- 10 mation to the public in a case management 11 style; 12 ‘‘(B) directly funds research in an unbi- 13 ased manner by working collaboratively with 14 health professionals at a variety of institutions 15 and using a peer-reviewed process;... ‘‘(i) are predominantly relevant to 17 pancreatic cancer; and 18 ‘‘(ii) score within 10 points of the 19 20 payline ‘‘(c) PHYSICIAN AWARENESS.— ‘‘(1) PROGRAM. The Secretary, in consultation 22 with the Director of the National Institutes of 23 srobinson on DSKHWCL6B1PROD with BILLS 21 Health, the Director of the Centers for Disease Con- 24 trol and Prevention, and relevant patient advocate 25 and physician... ‘‘(C) advocates public policy outcomes that 17 reflect the needs of patients; and 18 ‘‘(D) provides information to patients, 19 families, andhealth professionals at the com- 20 munity level 21 ‘‘(d) COMMUNICATION TOOL KIT. The Director of 22 the National Cancer Institute andthe Director of the Cen- srobinson on DSKHWCL6B1PROD with BILLS 23 ters for Disease Control and Prevention, working collabo24 ratively... of thePublic Health ServiceAct 3 (42 U.S.C 284 et seq.) is amended by adding at the end 4 the following: 5 ‘‘SEC 409K CANCER RESEARCH 6 ‘‘ (a) CANCER RESEARCH INCUBATOR PILOT 7 PROJECT.— 8 ‘‘(1) GRANTS.— 9 ‘‘ (A) IN GENERAL. The Secretary may 10 award grants to research institutions for use in 11 developing 12 nologies forthe prevention, early detection, or 13 treatment of those cancers with 5-year... 5-year survival 14 rates of less than 50 percent 15 innovative ‘‘(B) RELATION compounds or tech- TOOTHER NIH GRANTS.— Subject to subparagraph (A) , the Secretary 17 shall encourage each recipient of a grant under 18 this section to use the grant for research activi- 19 ties that may serve as a springboard for the re- 20 ceipt of other grants, including Specialized Pro- 21 grams of Research Excellence... section, the Secretary shall focus 3 on awarding grants for use in developing innovative 4 compounds or technologies for the prevention, early 5 detection, or treatment of pancreaticcancer 6 ‘‘(4) REPORT.—Not later than 5 years after the 7 date of the enactment of this section, the Secretary 8 shall submit a report to the Congress evaluating the 9 program under this section and making rec- 10 ommendations .
A BILL
To amend the Public Health Service Act to provide for
a Pancreatic Cancer Initiative, and for other purposes.
Be it enacted by the Senate and. R. 733
To amend the Public Health Service Act to provide for a Pancreatic Cancer
Initiative, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES