II 
112TH CONGRESS 
2D SESSION 
H. R. 733 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 20, 2012 
Received 
AN ACT 
To provide for scientific frameworks with respect to 
recalcitrant cancers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recalcitrant Cancer 
Research Act of 2012’’. 
SEC. 2. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CAN-
CERS. 
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: 
‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 
CANCERS. 
‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.— 
‘‘(1) IN GENERAL.—For each recalcitrant can-
cer identified under subsection (b), the Director of 
the Institute shall develop (in accordance with sub-
section (c)) a scientific framework for the conduct or 
support of research on such cancer. 
‘‘(2) CONTENTS.—The scientific framework 
with respect to a recalcitrant cancer shall include the 
following: 
‘‘(A) CURRENT STATUS.— 
‘‘(i) REVIEW
OF
LITERATURE.—A 
summary of findings from the current lit-
erature in the areas of— 
‘‘(I) the prevention, diagnosis, 
and treatment of such cancer; 
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‘‘(II) the fundamental biologic 
processes that regulate such cancer 
(including similarities and differences 
of such processes from the biological 
processes that regulate other cancers); 
and 
‘‘(III) the epidemiology of such 
cancer. 
‘‘(ii) 
SCIENTIFIC
ADVANCES.—The 
identification of relevant emerging sci-
entific areas and promising scientific ad-
vances in basic, translational, and clinical 
science relating to the areas described in 
subclauses (I) and (II) of clause (i). 
‘‘(iii) RESEARCHERS.—A description 
of the availability of qualified individuals 
to conduct scientific research in the areas 
described in clause (i). 
‘‘(iv) COORDINATED
RESEARCH
INI-
TIATIVES.—The identification of the types 
of initiatives and partnerships for the co-
ordination of intramural and extramural 
research of the Institute in the areas de-
scribed in clause (i) with research of the 
relevant national research institutes, Fed-
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eral agencies, and non-Federal public and 
private entities in such areas. 
‘‘(v) 
RESEARCH
RESOURCES.—The 
identification of public and private re-
sources, such as patient registries and tis-
sue banks, that are available to facilitate 
research relating to each of the areas de-
scribed in clause (i). 
‘‘(B) 
IDENTIFICATION
OF
RESEARCH 
QUESTIONS.—The identification of research 
questions relating to basic, translational, and 
clinical science in the areas described in sub-
clauses (I) and (II) of subparagraph (A)(i) that 
have not been adequately addressed with re-
spect to such recalcitrant cancer. 
‘‘(C) RECOMMENDATIONS.—Recommenda-
tions for appropriate actions that should be 
taken to advance research in the areas de-
scribed in subparagraph (A)(i) and to address 
the research questions identified in subpara-
graph (B), as well as for appropriate bench-
marks to measure progress on achieving such 
actions, including the following: 
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‘‘(i) RESEARCHERS.—Ensuring ade-
quate availability of qualified individuals 
described in subparagraph (A)(iii). 
‘‘(ii) COORDINATED
RESEARCH
INI-
TIATIVES.—Promoting and developing ini-
tiatives and partnerships described in sub-
paragraph (A)(iv). 
‘‘(iii) RESEARCH RESOURCES.—Devel-
oping additional public and private re-
sources described in subparagraph (A)(v) 
and strengthening existing resources. 
‘‘(3) TIMING.— 
‘‘(A) INITIAL DEVELOPMENT AND SUBSE-
QUENT UPDATE.—For each recalcitrant cancer 
identified under subsection (b)(1), the Director 
of the Institute shall— 
‘‘(i) develop a scientific framework 
under this subsection not later than 18 
months after the date of the enactment of 
this section; and 
‘‘(ii) review and update the scientific 
framework not later than 5 years after its 
initial development. 
‘‘(B) OTHER UPDATES.—The Director of 
the Institute may review and update each sci-
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entific framework developed under this sub-
section as necessary. 
‘‘(4) PUBLIC
NOTICE.—With respect to each 
scientific framework developed under subsection (a), 
not later than 30 days after the date of completion 
of the framework, the Director of the Institute 
shall— 
‘‘(A) submit such framework to the Com-
mittee on Energy and Commerce and Com-
mittee on Appropriations of the House of Rep-
resentatives, and the Committee on Health, 
Education, Labor, and Pensions and Committee 
on Appropriations of the Senate; and 
‘‘(B) make such framework publically 
available on the Internet website of the Depart-
ment of Health and Human Services. 
‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of the enactment of this section, the 
Director of the Institute shall identify two or more 
recalcitrant cancers that each— 
‘‘(A) have a 5-year relative survival rate of 
less than 20 percent; and 
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‘‘(B) are estimated to cause the death of at 
least 30,000 individuals in the United States 
per year. 
‘‘(2) ADDITIONAL CANCERS.—The Director of 
the Institute may, at any time, identify other recal-
citrant cancers for purposes of this section. In iden-
tifying a recalcitrant cancer pursuant to the previous 
sentence, the Director may consider additional 
metrics of progress (such as incidence and mortality 
rates) against such type of cancer. 
‘‘(c) WORKING GROUPS.—For each recalcitrant can-
cer identified under subsection (b), the Director of the In-
stitute shall convene a working group comprised of rep-
resentatives of appropriate Federal agencies and other 
non-Federal entities to provide expertise on, and assist in 
developing, a scientific framework under subsection (a). 
The Director of the Institute (or the Director’s designee) 
shall participate in the meetings of each such working 
group. 
‘‘(d) REPORTING.— 
‘‘(1) BIENNIAL
REPORTS.—The Director of 
NIH shall ensure that each biennial report under 
section 403 includes information on actions under-
taken to carry out each scientific framework devel-
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oped under subsection (a) with respect to a recal-
citrant cancer, including the following: 
‘‘(A) Information on research grants 
awarded by the National Institutes of Health 
for research relating to such cancer. 
‘‘(B) An assessment of the progress made 
in improving outcomes (including relative sur-
vival rates) for individuals diagnosed with such 
cancer. 
‘‘(C) An update on activities pertaining to 
such cancer under the authority of section 
413(b)(7). 
‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER-
TAIN FRAMEWORKS.—For each recalcitrant cancer 
identified under subsection (b)(1), the Director of 
the Institute shall, not later than 6 years after the 
initial development of a scientific framework under 
subsection (a), submit a report to the Congress on 
the effectiveness of the framework (including the up-
date required by subsection (a)(3)(A)(ii)) in improv-
ing the prevention, detection, diagnosis, and treat-
ment of such cancer. 
‘‘(e) RECOMMENDATIONS
FOR EXCEPTION FUND-
ING.—The Director of the Institute shall consider each 
relevant scientific framework developed under subsection 
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