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 com-
mittee concerned 
A BILL 
To establish a comprehensive interagency response to reduce 
lung cancer mortality in a timely manner. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lung Cancer Mortality 
Reduction Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Lung cancer is the leading cause of cancer 
death for both men and women, accounting for 28 
percent of all cancer deaths. 
(2) Lung cancer kills more people annually 
than breast cancer, prostate cancer, colon cancer, 
liver cancer, melanoma, and kidney cancer combined. 
(3) Since the National Cancer Act of 1971 
(Public Law 92–218; 85 Stat. 778), coordinated and 
comprehensive research has raised the 5-year sur-
vival rates for breast cancer to 88 percent, for pros-
tate cancer to 99 percent, and for colon cancer to 
64 percent. 
(4) However, the 5-year survival rate for lung 
cancer is still only 15 percent and a similar coordi-
nated and comprehensive research effort is required 
to achieve increases in lung cancer survivability 
rates. 
(5) Sixty percent of lung cancer cases are now 
diagnosed as nonsmokers or former smokers. 
(6) Two-thirds of nonsmokers diagnosed with 
lung cancer are women. 
(7) Certain minority populations, such as Afri-
can-American males, have disproportionately high 
rates of lung cancer incidence and mortality, not-
withstanding their similar smoking rate. 
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(8) Members of the baby boomer generation are 
entering their sixties, the most common age at which 
people develop lung cancer. 
(9) Tobacco addiction and exposure to other 
lung cancer carcinogens such as Agent Orange and 
other herbicides and battlefield emissions are serious 
problems among military personnel and war vet-
erans. 
(10) Significant and rapid improvements in 
lung cancer mortality can be expected through great-
er use and access to lung cancer screening tests for 
at-risk individuals. 
(11) Additional strategies are necessary to fur-
ther enhance the existing tests and therapies avail-
able to diagnose and treat lung cancer in the future. 
(12) The August 2001 Report of the Lung 
Cancer Progress Review Group of the National Can-
cer Institute stated that funding for lung cancer re-
search was ‘‘far below the levels characterized for 
other common malignancies and far out of propor-
tion to its massive health impact’’. 
(13) The Report of the Lung Cancer Progress 
Review Group identified as its ‘‘highest priority’’ the 
creation of integrated, multidisciplinary, multi-insti-
tutional research consortia organized around the 
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problem of lung cancer rather than around specific 
research disciplines. 
(14) The United States must enhance its re-
sponse to the issues raised in the Report of the 
Lung Cancer Progress Review Group, and this can 
be accomplished through the establishment of a co-
ordinated effort designed to reduce the lung cancer 
mortality rate by 50 percent by 2015 and targeted 
funding to support this coordinated effort. 
SEC. 3. SENSE OF CONGRESS CONCERNING INVESTMENT IN 
LUNG CANCER RESEARCH. 
It is the sense of the Congress that— 
(1) lung cancer mortality reduction should be 
made a national public health priority; and 
(2) a comprehensive mortality reduction pro-
gram coordinated by the Secretary of Health and 
Human Services is justified and necessary to ade-
quately address and reduce lung cancer mortality. 
SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM. 
(a) IN GENERAL.—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: 
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‘‘SEC. 417G. LUNG CANCER MORTALITY REDUCTION PRO-
GRAM. 
‘‘(a) IN GENERAL.—Not later than 6 months after 
the date of the enactment of this section, the Secretary, 
in consultation with the Secretary of Defense, the Sec-
retary of Veterans Affairs, the Director of the National 
Institutes of Health, the Director of the Centers for Dis-
ease Control and Prevention, the Commissioner of Food 
and Drugs, the Administrator of the Centers for Medicare 
& Medicaid Services, the Director of the National Center 
on Minority Health and Health Disparities, and other 
members of the Lung Cancer Advisory Board established 
under section 6 of the Lung Cancer Mortality Reduction 
Act of 2009, shall implement a comprehensive program, 
to be known as the Lung Cancer Mortality Reduction Pro-
gram, to achieve a reduction of at least 25 percent in the 
mortality rate of lung cancer by 2015. 
‘‘(b) REQUIREMENTS.—The Program shall include at 
least the following: 
‘‘(1) With respect to the National Institutes of 
Health— 
‘‘(A) a strategic review and prioritization 
by the National Cancer Institute of research 
grants to achieve the goal of the Lung Cancer 
Mortality Reduction Program in reducing lung 
cancer mortality; 
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‘‘(B) the provision of funds to enable the 
Airway Biology and Disease Branch of the Na-
tional Heart, Lung, and Blood Institute to ex-
pand its research programs to include pre-
dispositions to lung cancer, the interrelationship 
between lung cancer and other pulmonary and 
cardiac disease, and the diagnosis and treat-
ment of these interrelationships; 
‘‘(C) the provision of funds to enable the 
National Institute of Biomedical Imaging and 
Bioengineering to expedite the development of 
computer assisted diagnostic, surgical, treat-
ment, and drug testing innovations to reduce 
lung cancer mortality, such as through expan-
sion of the Institute’s Quantum Grant Program 
and Image-Guided Interventions programs; and 
‘‘(D) the provision of funds to enable the 
National Institute of Environmental Health 
Sciences to implement research programs rel-
ative to the lung cancer incidence. 
‘‘(2) With respect to the Food and Drug Ad-
ministration— 
‘‘(A) activities under section 529 of the 
Federal Food, Drug, and Cosmetic Act; and 
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‘‘(B) activities under section 561 of the 
Federal Food, Drug, and Cosmetic Act to ex-
pand access to investigational drugs and devices 
for the diagnosis, monitoring, or treatment of 
lung cancer. 
‘‘(3) With respect to the Centers for Disease 
Control and Prevention, the establishment of an 
early disease research and management program 
under section 1511. 
‘‘(4) With respect to the Agency for Healthcare 
Research and Quality, the conduct of a biannual re-
view of lung cancer screening, diagnostic, and treat-
ment protocols, and the issuance of updated guide-
lines. 
‘‘(5) The cooperation and coordination of all 
minority and health disparity programs within the 
Department of Health and Human Services to en-
sure that all aspects of the Lung Cancer Mortality 
Reduction Program under this section adequately 
address the burden of lung cancer on minority and 
rural populations. 
‘‘(6) The cooperation and coordination of all to-
bacco control and cessation programs within agen-
cies of the Department of Health and Human Serv-
ices to achieve the goals of the Lung Cancer Mor-
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tality Reduction Program under this section with 
particular emphasis on the coordination of drug and 
other cessation treatments with early detection pro-
tocols.’’. 
(b) FEDERAL FOOD, DRUG, AND COSMETIC ACT.— 
Subchapter B of chapter V of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 360aaa et seq.) is amended 
by adding at the end the following: 
‘‘DRUGS RELATING TO LUNG CANCER 
‘‘SEC. 529. (a) IN GENERAL.—The provisions of this 
subchapter shall apply to a drug described in subsection 
(b) to the same extent and in the same manner as such 
provisions apply to a drug for a rare disease or condition. 
‘‘(b) QUALIFIED DRUGS.—A drug described in this 
subsection is— 
‘‘(1) a chemoprevention drug for precancerous 
conditions of the lung; 
‘‘(2) a drug for a targeted therapeutic treat-
ments, including any vaccine for, lung cancer; and 
‘‘(3) a drug to curtail or prevent nicotine addic-
tion. 
‘‘(c) BOARD.—The Board established under section 
6 of the Lung Cancer Mortality Reduction Act of 2009 
shall monitor the program implemented under this sec-
tion.’’. 
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(c) ACCESS TO UNAPPROVED THERAPIES.—Section 
561(e) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb(e)) is amended by inserting before the pe-
riod the following: ‘‘and shall include expanding access to 
drugs under section 529, with substantial consideration 
being given to whether the totality of information available 
to the Secretary regarding the safety and effectiveness of 
an investigational drug, as compared to the risk of mor-
bidity and death from the disease, indicates that a patient 
may obtain more benefit than risk if treated with the 
drug’’. 
(d) CDC.—Title XV of the Public Health Service Act 
(42 U.S.C. 300k et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 1511. EARLY DISEASE RESEARCH AND MANAGEMENT 
PROGRAM. 
‘‘The Secretary shall establish and implement an 
early disease research and management program targeted 
at the high incidence and mortality rates of lung cancer 
among minority and low-income populations.’’. 
SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT 
OF VETERANS AFFAIRS. 
The Secretary of Defense and the Secretary of Vet-
erans Affairs shall coordinate with the Secretary of Health 
and Human Services— 
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(1) in the development of the Lung Cancer 
Mortality Reduction Program under section 417G; 
(2) in the implementation within the Depart-
ment of Defense and the Department of Veterans 
Affairs of an early detection and disease manage-
ment research program for military personnel and 
veterans whose smoking history and exposure to car-
cinogens during active duty service has increased 
their risk for lung cancer; and 
(3) in the implementation of coordinated care 
programs for military personnel and veterans diag-
nosed with lung cancer. 
SEC. 6. LUNG CANCER ADVISORY BOARD. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall convene a Lung Cancer Advisory 
Board (referred to in this section as the ‘‘Board’’)— 
(1) to monitor the programs established under 
this Act (and the amendments made by this Act); 
and 
(2) to provide annual reports to the Congress 
concerning benchmarks, expenditures, lung cancer 
statistics, and the public health impact of such pro-
grams. 
(b) COMPOSITION.—The Board shall be composed 
of— 
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(1) the Secretary of Health and Human Serv-
ices; 
(2) the Secretary of Defense; 
(3) the Secretary of Veterans Affairs; and 
(4) two representatives each from the fields of 
clinical medicine focused on lung cancer, lung cancer 
research, imaging, drug development, and lung can-
cer advocacy, to be appointed by the Secretary of 
Health and Human Services. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—To carry out this Act (and the 
amendments made by this Act), there are authorized to 
be appropriated such sums as may be necessary for each 
of fiscal years 2010 through 2014. 
(b) LUNG CANCER MORTALITY REDUCTION PRO-
GRAM.—Of the amounts authorized to be appropriated by 
subsection (a), there are authorized to be appropriated— 
(1) $25,000,000 for fiscal year 2010, and such 
sums as may be necessary for each of fiscal years 
2011 through 2014, for the activities described in 
section 417G(b)(1)(B) of the Public Health Service 
Act, as added by section 4(a); 
(2) $25,000,000 for fiscal year 2010, and such 
sums as may be necessary for each of fiscal years 
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2011 through 2014, for the activities described in 
section 417G(b)(1)(C) of such Act; 
(3) $10,000,000 for fiscal year 2010, and such 
sums as may be necessary for each of fiscal years 
2011 through 2014, for the activities described in 
section 417G(b)(1)(D) of such Act; and 
(4) $15,000,000 for fiscal year 2010, and such 
sums as may be necessary for each of fiscal years 
2011 through 2014, for the activities described in 
section 417G(b)(3) of such Act. 
Æ 
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