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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1454 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1454

  To amend the Public Health Service Act with respect to research on 
                             breast cancer.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 14 (legislative day, September 7), 1993

Mrs. Boxer introduced the following bill; which was read twice and 
        referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 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 1993''.

 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. 1709. 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. 1710. 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 Secretary 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 1994 an amount 
        equal to the sum of $300,000,000 and the amount obligated by 
        such Institute for such research for fiscal year 1993. For such 
        purpose, there are authorized to be appropriated such sums as 
        may be necessary for each of the fiscal years 1995 and 1996.''.

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 1994 
        through 1996.
            ``(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).''.

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