Lung Cancer Mortality Reduction Act of 2009

• First ever federal legislation declaring lung cancer a national public health priority.
• First ever federal legislation authorizing a coordinated multi-agency research program specific to lung cancer (Departments of Defense, Veterans Affairs and Health and Human Services).
• First ever federal legislation calling for a comprehensive lung cancer research strategy addressing the whole spectrum of the disease from prevention, diagnosis through treatment.
• First time federal authorizing legislation for lung cancer research funding has been introduced in both Houses of Congress simultaneously:   S. 332 in the Senate; H.R. 2112 in the House of Representatives.

 MAJOR POINTS

S. 332 and H.R. 2112 authorize the comprehensive approach called for in earlier House and Senate Resolutions unanimously passed in the 109th Congress:  H.Res.335 and S.Res. 87.

S. 332 and H.R. 2112 establish in law the Lung Cancer Mortality Reduction Program (LCMRP).

S. 332 and H.R. 2112 set the benchmark date of 2015 for achieving a significant mortality          reduction, directing the Secretaries of Health and Human Services (HHS), the Department of               Defense (DOD) and the Department of  Veterans Affairs (VA) to devise a broad and comprehensive plan to achieve the goal and report back to Congress within 6 months of enactment. 

S. 332 and H.R. 2112 establishes in law the Lung Cancer Advisory Board responsible for overseeing the implementation of the comprehensive plan and reporting to Congress annually on progress being made to achieve the mortality reduction goal.  The Lung Cancer Advisory Board is composed of the three Cabinet Secretaries and two representatives each from the fields of lung cancer treatment, research and advocacy to monitor the program and submit annual reports to Congress on the progress made in achieving the benchmark

S. 332 and H.R. 2112 gives immediate jurisdictional and spending authority to four other NIH     agencies, the National Heart Lung Blood Institute (NHLB), National Institute of Biomedical Imaging and Bioengineering (NIBIB) and National Institute of Environmental Health Sciences (NIEHS) and Centers for Disease Control (CDC) to expand their lung cancer research programs in FY 10 with a combined authorization of $75 million. 

S. 332 and H.R. 2112 requires the Agency for Healthcare Research and Quality to update its guidelines on lung cancer detection and treatment biannually. 

S. 332 and H.R. 2112 requires all minority and disparity health programs within HHS to cooperate to reduce the burden of lung cancer on minority and rural populations. 

S. 332 and H.R. 2112 authorizes the CDC to carry out an early disease research and management program targeting the high mortality rates of lung cancer among minority and low-income populations.

S. 332 and H.R. 2112 requires that tobacco control programs coordinate with drug and other cessation treatments with early detection protocols. 

S. 332 and H.R. 2112 authorizes the Food and Drug Administration (FDA) to incentivize the development of new targeted therapies and vaccines for lung cancer, chemoprevention drugs for precancerous lung conditions and tobacco cessation drugs and is given expanded access authority.

S. 332 and H.R. 2112 requires DOD and VA to coordinate on the mortality reduction plan and               develop an early detection and disease management program for military personnel who are at high risk for lung cancer because of smoking or exposure to carcinogens during active duty.

FUNDING LEVELS

In addition to 1st-year funding of $75 million for the four NIH institutes authorized to expand their lung cancer research programs in FY10, “such sums as may be necessary” are authorized to be appropriated for FY10 through FY14.

No ceiling on funding is set, but the amounts appropriated would be contingent upon the development and requirements of the comprehensive plan that must be reviewed by the Board and Congress. A floor is set on FY10 funding for certain agencies ($25 million for NHLB, $25 million for NIBIB, $10 million for NIEHS and $15 million for CDC).