S. 3237 (112th): Accelerating the End of Breast Cancer Act of 2012

112th Congress, 2011–2013. Text as of May 24, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

2d Session

S. 3237

IN THE SENATE OF THE UNITED STATES

May 24, 2012

(for himself, Ms. Collins, Mr. Brown of Ohio, Ms. Murkowski, Mrs. Shaheen, Mr. Heller, Mr. Warner, and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To provide for the establishment of a Commission to Accelerate the End of Breast Cancer.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Accelerating the End of Breast Cancer Act of 2012.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Establishment.

Sec. 4. Mission; duties.

Sec. 5. Membership.

Sec. 6. Chairperson; program managers.

Sec. 7. Coordination and nonduplication.

Sec. 8. Evaluation of the Commission.

Sec. 9. Authorization of funding.

Sec. 10. Termination.

2.

Findings

Congress makes the following findings:

(1)

In the United States, the chance of a woman developing breast cancer during her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today.

(2)

Worldwide, breast cancer is the most frequently diagnosed cancer in women with 1,300,000 cases each year. Breast cancer is also the leading cause of cancer death in women, with more than 500,000 women dying from the disease worldwide in 2010.

(3)

More than 90 percent of deaths from breast cancer are caused by metastasis, which occurs when cancerous cells spread to other organs or bone.

(4)

The National Cancer Institute estimated that breast cancer care in the United States cost $16,500,000,000 in 2009, and cost the nation $12,100,000,000 in lost productivity.

(5)

Over the past 40 years, very little has improved the incidence, morbidity, and mortality rates of breast cancer.

3.

Establishment

There shall be established a commission to be known as the Commission to Accelerate the End of Breast Cancer (in this Act referred to as the Commission).

4.

Mission; duties

(a)

Mission

The mission of the Commission shall be to help end breast cancer by January 1, 2020.

(b)

Duties

The Commission shall—

(1)

identify opportunities and ideas within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into real world strategies to prevent breast cancer and breast cancer metastasis;

(2)

recommend projects to leverage such opportunities and ideas in the areas of—

(A)

the primary prevention of breast cancer; and

(B)

the causes and prevention of breast cancer metastasis;

(3)

promote ideas that are intellectually compelling and innovative;

(4)

accelerate potentially transformational scientific advances that are—

(A)

not being prioritized within the Federal Government but which can help to achieve the mission described in subsection (a); and

(B)

unlikely to be achieved by the private sector due to technical and financial uncertainty;

(5)

identify promising but underdeveloped areas of research that would benefit from a cluster of support from government, industry, and academia to rapidly advance knowledge into practice; and

(6)

create opportunities for transdisciplinary, cross-cutting collaborations.

(c)

Strategic vision

Not later than 6 months after the appointment of the initial members of the Commission, the Commission shall submit to the President and to the relevant authorizing and appropriations committees of Congress, a description of the Commission’s strategic vision for its role in achieving the mission described in subsection (a) by January 1, 2020.

(d)

Annual report

Not later than January 15, 2013, and annually thereafter, the Commission shall submit an annual report to the President, Congress, and the public describing—

(1)

the Commission’s activities under this section, including its progress in achieving the mission described in subsection (a); and

(2)

the amount of funding expended by the Commission in the preceding year and the activities carried out with such funds.

5.

Membership

(a)

Number; appointment

The Commission shall be composed of not more than 10 members who shall be appointed by the President, by and with the advice and consent of the Senate.

(b)

Composition

(1)

In general

Each member of the Commission shall be appointed to represent one of the following 3 categories:

(A)

Representatives of varied disciplines within the biomedical research field.

(B)

Representatives of varied disciplines outside of the biomedical research field.

(C)

Educated patient advocates, including individuals who—

(i)

represent a patient-led, patient-centered organization with a patient constituency;

(ii)

have been personally affected by breast cancer; and

(iii)

are trained, knowledgeable, and prepared to participate in the decision-making process of science and medicine.

(2)

Representation of membership categories

Of the members of the Commission—

(A)

at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(A);

(B)

at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(B); and

(C)

at least 2, but not more than 4, shall be appointed to represent the category described in paragraph (1)(C).

(c)

Initial members

The initial members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act.

(d)

Terms

(1)

In general

Each member of the Commission shall be appointed for a term of 3 years and may be reappointed.

(2)

Vacancies

Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(e)

Quorum

Three members of the Commission shall constitute a quorum.

6.

Chairperson; program managers

(a)

Chairperson

(1)

Designation

Of the members of the Commission appointed under section 5(a), the President shall at the time of the appointment, designate one such member who meets the qualification requirement of paragraph (2) to serve as the Chairperson of the Commission.

(2)

Qualifications

To be selected as Chairperson under paragraph (1), a member shall be an individual who, by reason of professional background and experience, is especially qualified to manage areas of study pertaining to ending breast cancer by January 1, 2020.

(3)

Responsibilities

The responsibilities of the Chairperson shall include—

(A)

approving areas of study of the Commission based on innovation, impact, and scientific and technical merit;

(B)

developing criteria (including milestones) for assessing, and overseeing the assessment of, the success of areas of study of the Commission;

(C)

terminating areas of study of the Commission that are not achieving the mission described in section 4(a); and

(D)

appointing staff as necessary to aid in carrying out the mission described in section 4(a).

(b)

Program managers

(1)

In general

The Chairperson of the Commission may designate members of the Commission who may act as program managers to oversee one or more areas of study of the Commission.

(2)

Responsibilities

A member designated under paragraph (1) shall, with respect to one or more areas of study, be responsible for—

(A)

recommending novel proposals, projects, and collaborations based on scientific and technical merit to achieve the mission described in section 4(a) with a focus on strategies for the primary prevention of breast cancer, and methods to prevent breast cancer metastasis;

(B)

identifying innovative ideas and opportunities to achieve the mission described in section 4(a), including such ideas and opportunities not being prioritized for breast cancer relevance within Federal agencies or programs or the private sector;

(C)

working with other relevant Federal agencies to identify areas of concurrent interests in order to maximize Federal investment and stimulate collaborative projects;

(D)

creating opportunities for transdisciplinary, cross-cutting collaborations;

(E)

using the authorized funds of the Commission, subject to the approval of the Chairperson—

(i)

to convene workshops and confer with experts in both the public and private sector;

(ii)

to build collaborations for identifying areas of study;

(iii)

to identify all areas where resources could be leveraged; and

(iv)

to carry out other functions of the Commission that are approved by the Chairperson and necessary to carry out the mission described in section 4(a); and

(F)

to monitor the progress of areas of study and recommend restructure or termination.

7.

Coordination and nonduplication

To the maximum extent practicable, the Commission shall ensure that the activities of the Commission are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies.

8.

Evaluation of the Commission

(a)

In general

The President shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute, after the Commission has been in operation for 3 years, shall complete an evaluation of how well the Commission is making progress towards achieving the mission described in section 4(a).

(b)

Inclusions

The evaluation under subsection (a) shall include—

(1)

a recommendation on whether the Commission should be continued or terminated; and

(2)

a description of lessons learned from operation of the Commission.

(c)

Availability

On completion of the evaluation under subsection (a), the Commission shall make the evaluation available to the Congress and the public.

9.

Authorization of funding

(a)

Fund

There is established in the Treasury of the United States a fund, to be known as the Accelerating the End of Breast Cancer Fund, which shall be administered by the Chairperson, as defined in section 6(a), for the purpose of carrying out this section.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Chairperson for deposit in the Fund, without fiscal year limitation—

(1)

$8,000,000 for fiscal year 2012;

(2)

$12,000,000 for each of fiscal years 2013 and 2014; and

(3)

such sums as may be necessary for each fiscal year thereafter until the Commission is terminated.

(c)

Limitation

None of the amounts appropriated for a fiscal year under subsection (b) shall be used for the operation or construction of any laboratories or pilot plants.

10.

Termination

The Commission shall terminate on June 1, 2020.