Text from S.3274, FAIR Act of 2006 (Placed on Calendar in Senate), from the 109th Congress. The text of this proposed program was originally proposed by the Mesothelioma Applied Research Foundation and written by Dr. Robert Cameron, which Sen. Kohl of Wisconsin incorporated into the FAIR act. The Law Office of Roger G. Worthington is on record opposing the 2006 FAIR act as corporate welfare and a bailout, but we favor passage of a National Mesothelioma Research, Treatment, and Prevention Program.
The credibility of the program is underscored by fact that the senators seeking to bail out the asbestos wrongdoers put the NMRTP language in their pro-business bailout bill in recognition of the legitimate needs of unions, victims, healthcare providers, and advocates.
SEC. 226. NATIONAL MESOTHELIOMA RESEARCH AND TREATMENT PROGRAM.
(a) In General- There is established the National Mesothelioma Research and Treatment Program (referred to in this section as the `Program’) to investigate and advance the detection, prevention, treatment , and cure of malignant mesothelioma .
(b) Mesothelioma Centers-
(1) IN GENERAL- The Administrator shall make available $1,500,000 from the Fund, and the Director of the National Institutes of Health shall make available $1,000,000 from amounts available to the Director, for each of fiscal years 2006 through 2015, for the establishment of each of 10 mesothelioma disease research and treatment centers.
(2) REQUIREMENTS- The Director of the National Institutes of Health, in consultation with the Medical Advisory Committee, shall conduct a competitive peer review process to select sites for the centers described in paragraph (1). The Director shall ensure that sites selected under this paragraph are–
(A) geographically distributed throughout the United States with special consideration given to areas of high incidence of mesothelioma disease;
(B) closely associated with Department of Veterans Affairs medical centers, in order to provide research benefits and care to veterans who have suffered excessively from mesothelioma ;
(C) engaged in exemplary laboratory and clinical mesothelioma research , including clinical trials, to provide mechanisms for effective therapeutic treatments, as well as detection and prevention, particularly in areas of palliation of disease symptoms and pain management;
(D) participants in the National Mesothelioma Registry and Tissue Bank under subsection (c) and the annual International Mesothelioma Symposium under subsection (d)(2)(E);
(E) with respect to research and treatment efforts, coordinated with other centers and institutions involved in exemplary mesothelioma research and treatment ;
(F) able to facilitate transportation and lodging for mesothelioma patients, so as to enable patients to participate in the newest developing treatment protocols, and to enable the centers to recruit patients in numbers sufficient to conduct necessary clinical trials; and
(G) nonprofit hospitals, universities, or medical or research institutions incorporated or organized in the United States.
(c) Mesothelioma Registry and Tissue Bank-
(1) ESTABLISHMENT- The Administrator shall make available $1,000,000 from the Fund, and the Director of the National Institutes of Health shall make available $1,000,000 from amounts available to the Director, for each of fiscal years 2006 through 2015 for the establishment, maintenance, and operation of a National Mesothelioma Registry to collect data regarding symptoms, pathology, evaluation, treatment , outcomes, and quality of life and a Tissue Bank to include the pre- and post-treatment blood (serum and blood cells) specimens as well as tissue specimens from biopsies and surgery. Not less than $500,000 of the amount made available under the preceding sentence in each fiscal year shall be allocated for the collection and maintenance of tissue specimens.
(2) REQUIREMENTS- The Director of the National Institutes of Health, with the advice and consent of the Medical Advisory Committee, shall conduct a competitive peer review process to select a site to administer the Registry and Tissue Bank described in paragraph (1). The Director shall ensure that the site selected under this paragraph–
(A) is available to all mesothelioma patients and qualifying physicians throughout the United States;
(B) is subject to all applicable medical and patient privacy laws and regulations;
(C) is carrying out activities to ensure that data is accessible via the Internet; and
(D) provides data and tissue samples to qualifying researchers and physicians who apply for such data in order to further the understanding, prevention, screening, diagnosis, or treatment of malignant mesothelioma .
(d) Center for Mesothelioma Education-
(1) ESTABLISHMENT- The Administrator shall make available $1,000,000 from the Fund, and the Director of the National Institutes of Health shall make available $1,000,000 from amounts available to the Director, for each of fiscal years 2006 through 2015 for the establishment, with the advice and consent of the Medical Advisory Committee, of a Center for Mesothelioma Education (referred to in this section as the `Center’) to–
(A) promote mesothelioma awareness and education;
(B) assist mesothelioma patients and their family members in obtaining necessary information; and
(C) work with the centers established under subsection (b) in advancing mesothelioma research .
(2) ACTIVITIES- The Center shall–
(A) educate the public about the new initiatives contained in this section through a National Mesothelioma Awareness Campaign;
(B) develop and maintain a Mesothelioma Educational Resource Center (referred to in this section as the `MERCI’), that is accessible via the Internet, to provide mesothelioma patients, family members, and front-line physicians with comprehensive, current information on mesothelioma and its treatment , as well as on the existence of, and general claim procedures for the Asbestos Injury Claims Resolution Fund;
(C) through the MERCI and otherwise, educate mesothelioma patients, family members, and front-line physicians about, and encourage such individuals to participate in, the centers established under subsection (b), the Registry and the Tissue Bank;
(D) complement the research efforts of the centers established under subsection (b) by awarding competitive, peer-reviewed grants for the training of clinical specialist fellows in mesothelioma , and for highly innovative, experimental or pre-clinical research ; and
(E) conduct an annual International Mesothelioma Symposium.
(3) REQUIREMENTS- The Center shall–
(A) be a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;
(B) be a separate entity from and not an affiliate of any hospital, university, or medical or research institution; and
(C) demonstrate a history of program spending that is devoted specifically to the mission of extending the survival of current and future mesothelioma patients, including a history of soliciting, peer reviewing through a competitive process, and funding research grant applications relating to the detection, prevention, treatment , and cure of mesothelioma .
(4) CONTRACTS FOR OVERSIGHT- The Director of the National Institutes of Health may enter into contracts with the Center for the selection and oversight of the centers established under subsection (b), or selection of the director of the Registry and the Tissue Bank under subsection (c) and oversight of the Registry and the Tissue Bank.
(e) Report and Recommendations- Not later than September 30, 2015, The Director of the National Institutes of Health shall, after opportunity for public comment and review, publish and provide to Congress a report and recommendations on the results achieved and information gained through the Program, including–
(1) information on the status of mesothelioma as a national health issue, including–
(A) annual United States incidence and death rate information and whether such rates are increasing or decreasing;
(B) the average prognosis; and
(C) the effectiveness of treatments and means of prevention;
(2) promising advances in mesothelioma treatment and research which could be further developed if the Program is reauthorized; and
(3) a summary of advances in mesothelioma treatment made in the 10-year period prior to the report and whether those advances would justify continuation of the Program and whether it should be reauthorized for an additional 10 years.
(f) Severability- If any provision of this Act, or amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act (including this section), the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
(g) Regulations- The Director of the National Institutes of Health shall promulgate regulations to provide for the implementation of this section.