I 

111TH CONGRESS 

1ST SESSION H. R. 2112 

To establish a comprehensive interagency response to reduce lung cancer 

mortality in a timely manner. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2009 

Mrs. CHRISTENSEN (for herself, Mr. LOBIONDO, Ms. LEE of California, Mr. 

MEEKS of New York, Ms. BORDALLO, Mr. PAYNE, Mr. RANGEL, Mr. 

BISHOP of Georgia, Mr. HINOJOSA, Ms. JACKSON-LEE of Texas, Ms. 

KILPATRICK of Michigan, and Mr. LANCE) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Armed Services and Veterans’ Affairs, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a comprehensive interagency response to reduce 

lung cancer mortality in a timely manner. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lung Cancer Mortality 

5 Reduction Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Lung cancer is the leading cause of cancer 

2 death for both men and women, accounting for 28 

3 percent of all cancer deaths. 

4 (2) Lung cancer kills more people annually 

5 than breast cancer, prostate cancer, colon cancer, 

6 liver cancer, melanoma, and kidney cancer combined. 

7 (3) Since the National Cancer Act of 1971 

8 (Public Law 92–218; 85 Stat. 778), coordinated and 

9 comprehensive research has raised the 5-year sur10 vival rates for breast cancer to 88 percent, for pros11 tate cancer to 99 percent, and for colon cancer to 

12 64 percent. 

13 (4) However, the 5-year survival rate for lung 

14 cancer is still only 15 percent and a similar coordi15 nated and comprehensive research effort is required 

16 to achieve increases in lung cancer survivability 

17 rates. 

18 (5) Sixty percent of lung cancer cases are now 

19 diagnosed as nonsmokers or former smokers. 

20 (6) Two-thirds of nonsmokers diagnosed with 

21 lung cancer are women. 

22 (7) Certain minority populations, such as Afri23 can-American males, have disproportionately high 

24 rates of lung cancer incidence and mortality, not25 withstanding their similar smoking rate. 


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1 (8) Members of the baby boomer generation are 

2 entering their sixties, the most common age at which 

3 people develop lung cancer. 

4 (9) Tobacco addiction and exposure to other 

5 lung cancer carcinogens such as Agent Orange and 

6 other herbicides and battlefield emissions are serious 

7 problems among military personnel and war vet8 erans. 

9 (10) Significant and rapid improvements in 

10 lung cancer mortality can be expected through great11 er use and access to lung cancer screening tests for 

12 at-risk individuals. 

13 (11) Additional strategies are necessary to fur14 ther enhance the existing tests and therapies avail15 able to diagnose and treat lung cancer in the future. 

16 (12) The August 2001 Report of the Lung 

17 Cancer Progress Review Group of the National Can18 cer Institute stated that funding for lung cancer re19 search was ‘‘far below the levels characterized for 

20 other common malignancies and far out of propor21 tion to its massive health impact’’. 

22 (13) The Report of the Lung Cancer Progress 

23 Review Group identified as its ‘‘highest priority’’ the 

24 creation of integrated, multidisciplinary, multi-insti25 tutional research consortia organized around the 


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1 problem of lung cancer rather than around specific 

2 research disciplines. 

3 (14) The United States must enhance its re4 sponse to the issues raised in the Report of the 

5 Lung Cancer Progress Review Group, and this can 

6 be accomplished through the establishment of a co7 ordinated effort designed to reduce the lung cancer 

8 mortality rate by 50 percent by 2015 and targeted 

9 funding to support this coordinated effort. 

10 SEC. 3. SENSE OF CONGRESS CONCERNING INVESTMENT IN 

11 LUNG CANCER RESEARCH. 

12 It is the sense of the Congress that— 

13 (1) lung cancer mortality reduction should be 

14 made a national public health priority; and 

15 (2) a comprehensive mortality reduction pro16 gram coordinated by the Secretary of Health and 

17 Human Services is justified and necessary to ade18 quately address and reduce lung cancer mortality. 

19 SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM. 

20 (a) IN GENERAL.—Subpart 1 of part C of title IV 

21 of the Public Health Service Act (42 U.S.C. 285 et seq.) 

22 is amended by adding at the end the following: 


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1 ‘‘SEC. 417G. LUNG CANCER MORTALITY REDUCTION PRO2 GRAM. 

3 ‘‘(a) IN GENERAL.—Not later than 6 months after 

4 the date of the enactment of this section, the Secretary, 

5 in consultation with the Secretary of Defense, the Sec6 retary of Veterans Affairs, the Director of the National 

7 Institutes of Health, the Director of the Centers for Dis8 ease Control and Prevention, the Commissioner of Food 

9 and Drugs, the Administrator of the Centers for Medicare 

10 & Medicaid Services, the Director of the National Center 

11 on Minority Health and Health Disparities, and other 

12 members of the Lung Cancer Advisory Board established 

13 under section 6 of the Lung Cancer Mortality Reduction 

14 Act of 2009, shall implement a comprehensive program, 

15 to be known as the Lung Cancer Mortality Reduction Pro16 gram, to achieve a reduction of at least 25 percent in the 

17 mortality rate of lung cancer by 2015. 

18 ‘‘(b) REQUIREMENTS.—The Program shall include at 

19 least the following: 

20 ‘‘(1) With respect to the National Institutes of 

21 Health— 

22 ‘‘(A) a strategic review and prioritization 

23 by the National Cancer Institute of research 

24 grants to achieve the goal of the Lung Cancer 

25 Mortality Reduction Program in reducing lung 

26 cancer mortality; 


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1 ‘‘(B) the provision of funds to enable the 

2 Airway Biology and Disease Branch of the Na3 tional Heart, Lung, and Blood Institute to ex4 pand its research programs to include pre5 dispositions to lung cancer, the interrelationship 

6 between lung cancer and other pulmonary and 

7 cardiac disease, and the diagnosis and treat8 ment of these interrelationships; 

9 ‘‘(C) the provision of funds to enable the 

10 National Institute of Biomedical Imaging and 

11 Bioengineering to expedite the development of 

12 computer assisted diagnostic, surgical, treat13 ment, and drug testing innovations to reduce 

14 lung cancer mortality, such as through expan15 sion of the Institute’s Quantum Grant Program 

16 and Image-Guided Interventions programs; and 

17 ‘‘(D) the provision of funds to enable the 

18 National Institute of Environmental Health 

19 Sciences to implement research programs rel20 ative to the lung cancer incidence. 

21 ‘‘(2) With respect to the Food and Drug Ad22 ministration— 

23 ‘‘(A) activities under section 529 of the 

24 Federal Food, Drug, and Cosmetic Act; and 


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1 ‘‘(B) activities under section 561 of the 

2 Federal Food, Drug, and Cosmetic Act to ex3 pand access to investigational drugs and devices 

4 for the diagnosis, monitoring, or treatment of 

5 lung cancer. 

6 ‘‘(3) With respect to the Centers for Disease 

7 Control and Prevention, the establishment of an 

8 early disease research and management program 

9 under section 1511. 

10 ‘‘(4) With respect to the Agency for Healthcare 

11 Research and Quality, the conduct of a biannual re12 view of lung cancer screening, diagnostic, and treat13 ment protocols, and the issuance of updated guide14 lines. 

15 ‘‘(5) The cooperation and coordination of all 

16 minority and health disparity programs within the 

17 Department of Health and Human Services to en18 sure that all aspects of the Lung Cancer Mortality 

19 Reduction Program under this section adequately 

20 address the burden of lung cancer on minority and 

21 rural populations. 

22 ‘‘(6) The cooperation and coordination of all to23 bacco control and cessation programs within agen24 cies of the Department of Health and Human Serv25 ices to achieve the goals of the Lung Cancer MorVerDate Nov 24 2008 23:04 Apr 28, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112

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1 tality Reduction Program under this section with 

2 particular emphasis on the coordination of drug and 

3 other cessation treatments with early detection pro4 tocols.’’. 

5 (b) FEDERAL FOOD, DRUG, AND COSMETIC ACT.— 

6 Subchapter B of chapter V of the Federal Food, Drug, 

7 and Cosmetic Act (21 U.S.C. 360aaa et seq.) is amended 

8 by adding at the end the following: 

9 ‘‘DRUGS RELATING TO LUNG CANCER

10 ‘‘SEC. 529. (a) IN GENERAL.—The provisions of this 

11 subchapter shall apply to a drug described in subsection 

12 (b) to the same extent and in the same manner as such 

13 provisions apply to a drug for a rare disease or condition. 

14 ‘‘(b) QUALIFIED DRUGS.—A drug described in this 

15 subsection is— 

16 ‘‘(1) a chemoprevention drug for precancerous 

17 conditions of the lung; 

18 ‘‘(2) a drug for a targeted therapeutic treat19 ments, including any vaccine for, lung cancer; and 

20 ‘‘(3) a drug to curtail or prevent nicotine addic21 tion. 

22 ‘‘(c) BOARD.—The Board established under section 

23 6 of the Lung Cancer Mortality Reduction Act of 2009 

24 shall monitor the program implemented under this sec25 tion.’’. 


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1 (c) ACCESS TO UNAPPROVED THERAPIES.—Section 

2 561(e) of the Federal Food, Drug, and Cosmetic Act (21 

3 U.S.C. 360bbb(e)) is amended by inserting before the pe4 riod the following: ‘‘and shall include expanding access to 

5 drugs under section 529, with substantial consideration 

6 being given to whether the totality of information available 

7 to the Secretary regarding the safety and effectiveness of 

8 an investigational drug, as compared to the risk of mor9 bidity and death from the disease, indicates that a patient 

10 may obtain more benefit than risk if treated with the 

11 drug’’. 

12 (d) CDC.—Title XV of the Public Health Service Act 

13 (42 U.S.C. 300k et seq.) is amended by adding at the end 

14 the following: 

15 ‘‘SEC. 1511. EARLY DISEASE RESEARCH AND MANAGEMENT 

16 PROGRAM. 

17 ‘‘The Secretary shall establish and implement an 

18 early disease research and management program targeted 

19 at the high incidence and mortality rates of lung cancer 

20 among minority and low-income populations.’’. 

21 SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT 

22 OF VETERANS AFFAIRS. 

23 The Secretary of Defense and the Secretary of Vet24 erans Affairs shall coordinate with the Secretary of Health 

25 and Human Services— 


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1 (1) in the development of the Lung Cancer 

2 Mortality Reduction Program under section 417G; 

3 (2) in the implementation within the Depart4 ment of Defense and the Department of Veterans 

5 Affairs of an early detection and disease manage6 ment research program for military personnel and 

7 veterans whose smoking history and exposure to car8 cinogens during active duty service has increased 

9 their risk for lung cancer; and 

10 (3) in the implementation of coordinated care 

11 programs for military personnel and veterans diag12 nosed with lung cancer. 

13 SEC. 6. LUNG CANCER ADVISORY BOARD. 

14 (a) IN GENERAL.—The Secretary of Health and 

15 Human Services shall convene a Lung Cancer Advisory 

16 Board (referred to in this section as the ‘‘Board’’)— 

17 (1) to monitor the programs established under 

18 this Act (and the amendments made by this Act); 

19 and 

20 (2) to provide annual reports to the Congress 

21 concerning benchmarks, expenditures, lung cancer 

22 statistics, and the public health impact of such pro23 grams. 

24 (b) COMPOSITION.—The Board shall be composed 

25 of— 


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1 (1) the Secretary of Health and Human Serv2 ices; 

3 (2) the Secretary of Defense; 

4 (3) the Secretary of Veterans Affairs; and 

5 (4) two representatives each from the fields of 

6 clinical medicine focused on lung cancer, lung cancer 

7 research, imaging, drug development, and lung can8 cer advocacy, to be appointed by the Secretary of 

9 Health and Human Services. 

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—To carry out this Act (and the 

12 amendments made by this Act), there are authorized to 

13 be appropriated such sums as may be necessary for each 

14 of fiscal years 2010 through 2014. 

15 (b) LUNG CANCER MORTALITY REDUCTION PRO16 GRAM.—Of the amounts authorized to be appropriated by 

17 subsection (a), there are authorized to be appropriated— 

18 (1) $25,000,000 for fiscal year 2010, and such 

19 sums as may be necessary for each of fiscal years 

20 2011 through 2014, for the activities described in 

21 section 417G(b)(1)(B) of the Public Health Service 

22 Act, as added by section 4(a); 

23 (2) $25,000,000 for fiscal year 2010, and such 

24 sums as may be necessary for each of fiscal years 


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1 2011 through 2014, for the activities described in 

2 section 417G(b)(1)(C) of such Act; 

3 (3) $10,000,000 for fiscal year 2010, and such 

4 sums as may be necessary for each of fiscal years 

5 2011 through 2014, for the activities described in 

6 section 417G(b)(1)(D) of such Act; and 

7 (4) $15,000,000 for fiscal year 2010, and such 

8 sums as may be necessary for each of fiscal years 

9 2011 through 2014, for the activities described in 

10 section 417G(b)(3) of such Act. 

Æ 


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