Text: H.R.5156 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 5156 IH
102d CONGRESS
2d Session
 H. R. 5156
To amend the Public Health Service Act with respect to research on breast
cancer.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1992
Ms. OAKAR (for herself, Mrs. LLOYD, Mr. LAFALCE, Mr. FRANK of Massachusetts,
Mrs. MINK, Mr. PETERSON of Minnesota, Mr. HORTON, Mr. HOCHBRUECKNER,
Mr. MCNULTY, Mr. BEILENSON, Mrs. JOHNSON of Connecticut, Mrs. SCHROEDER,
Mr. ROE, Ms. PELOSI, Mr. THOMAS of Georgia, Mr. GUARINI, Mr. HUGHES,
Mr. MURTHA, Mr. KOLTER, Ms. SLAUGHTER, Mr. FAZIO, Mr. LENT, Mr. IRELAND,
Mr. LAUGHLIN, Mrs. UNSOELD, Mr. KILDEE, Ms. KAPTUR, Mr. MCGRATH, Mr. MACHTLEY,
Mr. KOPETSKI, Ms. WATERS, Mr. OWENS of New York, Mrs. COLLINS of Illinois,
Mr. LEVINE of California, Mr. FOGLIETTA, Ms. NORTON, Mr. DIXON, Mr. EVANS,
and Mr. WILLIAMS) introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act with respect to research on breast
cancer.
  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 `National Breast Cancer Strategy Act of 1992'.
TITLE I--ESTABLISHMENT OF OFFICE OF BREAST CANCER AND NATIONAL BREAST CANCER
COMMISSION
SEC. 101. OFFICE OF BREAST CANCER.
  Title XVII of the Public Health Service Act (42 U.S.C. 300uu et seq.) is
  amended by adding at the end the following new section:
`SEC. 1708. ESTABLISHMENT OF OFFICE OF BREAST CANCER.
  `(a) IN GENERAL- There is established an Office of Breast Cancer within
  the Office of the Assistant Secretary for Health. The Office shall have
  a Director who shall be appointed by the Secretary. The Secretary, acting
  through the Director, shall carry out this section.
  `(b) DUTIES- The Secretary shall coordinate, in conjunction with the
  Director of the National Cancer Institute, the activities of the Institute
  relating to breast cancer with similar activities of other agencies of the
  Federal Government, including the other agencies of the National Institutes
  of Health, and with similar activities of other public entities and of
  private entities.
SEC. 102. ESTABLISHMENT OF NATIONAL BREAST CANCER COMMISSION.
  Title XVII of the Public Health Service Act (42 U.S.C. 300uu et seq.),
  as amended by section 101, is amended by adding at the end the following
  new section:
`SEC. 1709. NATIONAL BREAST CANCER COMMISSION.
  `(a) ESTABLISHMENT- There is established a commission to be known as the
  `National Breast Cancer Commission' (in this section referred to as the
  `Commission').
  `(b) STUDY- The Commission shall conduct a study on current efforts in both
  the public and private sectors relating to the prevention, early detection,
  treatment, education, and research relating to breast cancer.
  `(c) REPORT- Not later than 1 year after the date on which the initial
  appointments of the members have been completed under subsection (d),
  the Commission shall submit to the President and the Congress a report
  containing--
  `(1) the results of the study conducted under subsection (b); and
  `(2) recommendations relating to such study.
  `(d) NUMBER AND APPOINTMENT-
  `(1) APPOINTMENT- The Commission shall be composed of  15 members as follows:
  `(A) 5 members shall be appointed by the President--
  `(i) 3 of whom shall be--
  `(I) the Secretary of Health and Human Services;
  `(II) the Administrator of Veterans' Affairs; and
  `(III) the Secretary of Defense;
who shall be nonvoting members, except that, in the case of a tie vote by
the Commission, the Secretary of Health and Human Services shall be a voting
member; and
  `(ii) 2 of whom shall be selected from the general public on the basis of
  such individuals being specially qualified to serve on the Commission by
  reason of their education, training, or experience.
  `(B) 5 members shall be appointed by the Speaker of the House of
  Representatives on the joint recommendation of the Majority and Minority
  Leaders of the House of Representatives.
  `(C) 5 members shall be appointed by the President pro tempore of the
  Senate on the joint recommendation of the Majority and Minority Leaders
  of the Senate.
  `(2) CONGRESSIONAL COMMITTEE RECOMMENDATIONS- In making appointments under
  subparagraphs (B) and (C) of paragraph (1), the Majority and Minority
  leaders of the House of Representatives and the Senate shall duly consider
  the recommendations of the Chairmen and Ranking Minority Members of
  committees with jurisdiction over laws contained in chapter 17 of title
  38, United States Code (relating to veterans' health care), title XIX of
  the Social Security Act (42 U.S..C. 1901 et seq.) (relating to Medicaid),
  and the Public Health Service Act (42 U.S.C. 201 et seq.) (relating to
  the Public Health Service).
  `(3) REQUIREMENTS OF APPOINTMENTS- The Majority and Minority leaders of
  the Senate and the House of Representatives shall--
  `(A) select individuals who are specially qualified to serve on the
  Commission by reason of their education, training, or experience; and
  `(B) engage in consultations for the purpose of ensuring that the expertise
  of the 10 members appointed by the Speaker of the House of Representatives
  and the President pro tempore of the Senate shall provide as much of a
  balance as possible and, to the greatest extent possible, cover the fields
  of medicine, science, law, ethics, health-care and social services.
  `(4) TERM OF MEMBERS- Members of the Commission (other than members appointed
  under paragraph (1)(A)(i)) shall serve for the life of the Commission.
  `(5) VACANCY- A vacancy on the Commission shall be filled in the manner
  in which the original appointment was made.
  `(e) CHAIRMAN- Not later than 15 days after the members of the Commission
  are appointed, such members shall select a Chairman from among the members
  of the Commission.
  `(f) QUORUM- 7 members of the Commission shall constitute a quorum, but
  a lesser number may be authorized by the Commission to conduct hearings.
  `(g) MEETINGS- The Commission shall hold its 1st meeting on a date specified
  by the Chairman. After the initial meeting, the Commission shall meet at
  the call of the Chairman or a majority of its members, but shall meet at
  least 3 times each year during the life of the Commission.
  `(h) PAY- Members of the Commission who are officers or employees or elected
  officials of a government entity shall receive no additional compensation
  by reason of their service on the Commission.
  `(i) PER DIEM- While away from their homes or regular places of business
  in the performance of duties for the Commission, members of the Commission
  shall be allowed travel expenses, including per diem in lieu of subsistence,
  at rates authorized for employees of agencies under sections 5702 and 5703
  of title 5, United States Code.
  `(j) DEADLINE FOR APPOINTMENT- The members of the Commission shall be
  appointed not later than 60 days after the date of the enactment of this
  section.
  `(k) TERMINATION- The Commission shall cease to exist 60 days after the
  date on which its final report is submitted under subsection (c).'.
TITLE II--DUTIES OF DIRECTOR OF THE NATIONAL CANCER INSTITUTE RELATING TO
BREAST CANCER
SEC. 201. PROVISIONS FOR FULL FUNDING FOR NATIONAL CANCER INSTITUTE WITH
RESPECT TO RESEARCH ON BREAST CANCER.
  Section 408(a)(1) of the Public Health Service Act (42 U.S.C. 284c(a)(1))
  is amended by adding at the end the following subparagraph:
  `(C) For the purpose of conducting and supporting research on breast
  cancer through the National Cancer Institute, there is authorized to be
  appropriated for fiscal year 1993 an amount equal to the sum of $300,000,000
  and the amount obligated by such Institute for such research for fiscal
  year 1992. For such purpose, there are authorized to be appropriated such
  sums as may be necessary for each of the fiscal years 1994 and 1995.'.
SEC. 202. DUTIES OF DIRECTOR.
  Subpart 1 of part C of title IV of the Public Health Service Act (42
  U.S.C. 285 et seq.) is amended by adding at the end the following new
  section:
`SEC. 417. DUTIES OF DIRECTOR OF THE INSTITUTE RELATING TO BREAST CANCER
RESEARCH.
  `(a) The Director of the Institute shall conduct and support biomedical
  and behavioral research and research training, the dissemination of health
  information, and other programs with respect to breast cancer.
  `(b) In carrying out subsection (a), the Director of the Institute shall
  conduct or support multidisciplinary clinical research on breast cancer,
  including research on assisting individuals with such cancers (and the
  families of such individuals) and with responding to psychological and
  social problems that arise as the result of the cancer.
  `(c)(1) The Director of the Institute shall establish the Rose Kushner
  Scholarship Program for the purpose of entering into contracts with
  individuals under which--
  `(A) the Director of the Institute agrees to provide to the individuals
  scholarships for attendance at accredited health professions schools; and
  `(B) the individuals agree--
  `(i) to complete the programs of education for which the scholarships
  are provided;
  `(ii) to complete a program of postgraduate clinical training in oncology;
  and
  `(iii) after completing a program of such training, to serve as employees of
  the National Institutes of Health, for the period described in paragraph
  (2), in positions that are needed by such Institutes in carrying out
  programs with respect to breast cancer.
  `(2)(A) For purposes of paragraph (1)(B)(iii), the period of service for
  which an individual is obligated to serve as an employee of the National
  Institutes of Health is 12 months for each academic year for which the
  scholarship under such subsection is provided.
  `(B) The Director of the Institute may defer the obligation of an individual
  to provide a period of service under paragraph (1)(B)(iii), if the Director
  determines that such a deferral is appropriate.
  `(C) For any period in which an individual provides service as an employee
  of the National Institutes of Health in satisfaction of the obligation of
  the individual under paragraph (1)(B)(iii), the individual may be appointed
  as such an employee without regard to the provisions of title 5, United
  States Code, relating to appointment and compensation.
  `(3)(A) The Director of the Institute may not provide a scholarship under
  paragraph (1) for an academic year unless--
  `(i) the individual applying for the scholarship has submitted to the
  Director a proposed academic program for the year and the Director has
  approved the program; and
  `(ii) the individual agrees that the program will not be altered without
  the approval of the Director.
  `(B) The Director of the Institute may not provide a scholarship under
  paragraph (1) for an academic year unless the individual applying for the
  scholarship agrees to maintain an acceptable level of academic standing,
  as determined by the educational institution involved in accordance with
  regulations issued by the Secretary.
  `(4)(A) The Director of the Institute may not provide a scholarship under
  paragraph (1) for an academic year in an amount exceeding $10,000.
  `(B) A scholarship provided under paragraph (1) may be expended only for
  tuition expenses, other reasonable educational expenses, and reasonable
  living expenses incurred while attending the health professions school
  involved.
  `(C) In the case of a health professions school with respect to which a
  scholarship under paragraph (1) is provided, the Director of the Institute
  may enter into a contract with the school under which the amounts provided
  in the scholarship for tuition and other educational expenses are paid
  directly to the school. Payments to the school under the contract may be
  made without regard to section 3324 of title 31, United States Code.
  `(5) The provisions of section 338E shall apply to the program established
  in paragraph (1) to the same extent and in the same manner as such provisions
  apply to the National Health Service Corps Loan Repayment Program established
  in section 338B.
  `(6) The Director of the Institute may not provide a scholarship under
  paragraph (1) unless an application for the scholarship is submitted to
  the Director and the application is in such form, is made in such manner,
  and contains such agreements, assurances, and information as the Director
  determines to be necessary to carry out this section.
  `(d)(1) The Director of the Institute shall, subject to paragraph (2), carry
  out a program of entering into contracts with appropriately qualified health
  professionals under which the professionals agree to carry out activities
  with respect to breast cancer as employees of the National Institutes
  of Health in consideration of the Federal Government agreeing to pay,
  for each year of such service, not more than $20,000 of the principal and
  interest of the educational loans of the professionals.
  `(2) The Director of the Institute may not enter into a contract with a
  health professional pursuant to paragraph (1) unless the professional has
  a substantial amount of educational loans relative to income.
  `(3) Except to the extent inconsistent with this section, 338E shall apply
  to the program established in paragraph (1) to the same extent and in the
  same manner as such section applies to the National Health Service Corps
  Loan Repayment Program established in section 338B.'.
SEC. 203. SPECIALIZED PROGRAMS OF RESEARCH EXCELLENCE WITH RESPECT TO BREAST,
LUNG, AND PROSTATE CANCER.
  Section 408(a)(1) of the Public Health Service Act, as amended by section
  201, is amended by adding at the end the following subparagraph:
  `(D)(i) For the purpose of carrying out not less than 10 programs for
  research on breast cancer, lung cancer, or prostate cancer under the
  programs designated by the Director of the National Cancer Institute as
  the Specialized Programs of Research Excellence, there is authorized to
  be appropriated such sums as may be necessary for each of the fiscal years
  1993 through 1995.
  `(ii) With respect to the purpose described in clause (i), the authorizations
  of appropriations established in such clause may not be construed as
  terminating the availability for such purpose of any other authorization
  of appropriations (including the authorization established in subparagraph
  (A).'.