107th Congress

WOMEN'S HEALTH
S. 2234, H.R. 5104, H. Con. Res. 380, H.R. 1269, H.R. 4114, H.R. 5204, H.R. 4709, H. Con. Res. 385, H.R. 4602/S. 2328, S. 2204, S. 2559 and S. 261, H.R. 3989, H.R. 1961/S. 961, H.R. 183/S. 720, H.R. 1723/S. 830, H.R. 2380, S. 2271, H.R. 360, H.R. 2317, S. 1256/H.R. 2725, S. 1398, H.R. 1672/S. 2122, H. Con. Res. 165, H.R. 326, H.R. 3910, S. 24, H.R. 281, H.R. 1784/S. 946

Background

Women's health has been an issue for Congress, particularly through the efforts of the Congressional Women's Caucus, which dates back to April 1977 when 15 Congresswomen attended the first meeting. From 1981, when male colleagues were invited to join, until 1995, when the House of Representatives voted to eliminate funding for offices and staff of the caucus organizations on Capitol Hill, there has been a strong focus on women's issues in a bipartisan and gender-neutral environment. Although the January 1995 vote dissolved the original Women's Caucus, the Members reorganized themselves into a Members organization of the same name. Although men no longer belong to the organization, the impetus behind the kinds of legislation fostered by supporters has not changed.

More than 50 bills have been introduced thus far in the 107th Congress that address various aspects of women's health. Thirty-seven of those pieces of legislation mention the National Institutes of Health (NIH), require some action by NIH, or indirectly affect NIH. (The most recent legislation is described below and legislation that has not been acted upon or that was described in previous Legislative Updates is included in the attached appendix.) Those not directly affecting NIH but that are of importance to women in Congress include reauthorization of the Mammography Quality Standards Act; State health insurance for children; prescription coverage for contraceptives; legislation to create in statute the Departmental Office of Women's Health (OWH); legislation to permit taxpayer donations to OWH; legislation requiring Medicare, Medicaid, or other non-Federal group plans to cover breast reconstruction in connection with a mastectomy; legislation requiring the Food and Drug Administration (FDA) to provide for research on whether drugs approved for human use affect women differently than men; and legislation to provide to participants and beneficiaries of group health plans access to obstetric and gynecological care.

Provisions of the Legislation/Impact on NIH

Autoimmune Diseases

• S. 2234-Women's Autoimmune Diseases Research and Prevention Act
  S. 2234 was introduced on April 23, 2002, by Senator Barbara Boxer (D-CA), to require OWH in the U.S. Department of Health and Human Services (DHHS) to expand, intensify, and coordinate research and related activities of the Department with respect to autoimmune diseases in women. In particular, the Director of OWH would be required to coordinate activities with similar ones conducted by the other national research institutes and agencies of NIH to the extent that such institutes and agencies have responsibilities that are related to autoimmune diseases in women. Specifically mentioned in the bill are research on women who are members of racial or ethnic minority groups; basic research concerning the etiology and causes of autoimmune diseases in women, including genetic, hormonal, and environmental factors; studies to address the frequency and natural history of such diseases and the differences among men and women, and among racial and ethnic groups; and clinical research for the development and evaluation of new treatments for women. The bill has no cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.
• H.R. 5104-Women's Autoimmune Diseases Research and Prevention Act
  H.R. 5104 was introduced on July 11, 2002, by Representative Stephen F. Lynch (D-MA) to provide for expanding, intensifying, and coordinating activities with respect to research on autoimmune diseases in women. The bill would amend the current NIH statute on Autoimmune Diseases to include additional requirements for the plan for which the Coordinating Committee is responsible. Currently the language for the plan is somewhat general ("such as a broad range of research and education activities"), but the bill would add very specific requirements, such as "basic research, epidemiological research, and other appropriate research concerning the etiology and causes of autoimmune diseases in all women, including genetic, hormonal, and environmental factors; giving priority to research regarding environmental factors; and the development of information and education programs on genetic, hormonal, and environmental risk factors associated with autoimmune diseases in women, and on the importance of the prevention or control of such risk factors and timely referral with appropriate diagnosis and treatment." The bill has 17 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Bleeding Disorders

• H. Con. Res. 380-Expressing the Sense of Congress Regarding Women With Bleeding Disorders
  H. Con. Res. 380 was introduced on April 17, 2002, by Representative Cynthia McKinney (D-GA) to highlight the issue of bleeding disorders such as von Willebrand's disease, and to encourage physicians to conduct clotting factor assays for carrier diagnosis and refer patients for genetic counseling when appropriate. The resolution urges the Federal Government to increase funding for basic biomedical research and psychosocial research in von Willebrand's disease, rare factor deficiencies, and hemophilia. For NIH, the resolution encourages the Director of NIH to develop a 5-year research plan concerning women with bleeding disorders. The bill has 18 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Global Health

• H.R. 1269-Global Health Act of 2001
  H.R. 1269 was introduced on March 28, 2001, by Representative Joseph Crowley (D-NY) to improve global health by increasing assistance to developing nations with high levels of infectious disease and premature death, improving children's and women's health and nutrition, reducing unintended pregnancies, and combating the spread of infectious diseases, particularly HIV/AIDS. The bill states that it would be the Sense of Congress that the President, acting through the Administrator of the United States Agency for International Development (USAID), should coordinate with the Centers for Disease Control and Prevention (CDC), NIH, the U.S. Department of State, DHHS, the U.S. Department of Defense, and other appropriate Federal departments and agencies to ensure that funds to carry out the Foreign Assistance Act of 1961 are used effectively. The bill has 73 cosponsors and was referred to the House Committee on International Relations.
• H.R. 4114-GAINS for Women and Girls Act of 2002
  H.R. 4114 was introduced on April 9, 2002, by Representatives Connie A. Morella (R-MD) and Nita M. Lowey (D-NY) to amend the Foreign Assistance Act of 1961 and other specified Federal laws to address issues for women in the national economies of developing countries. There is a provision included in the bill that would require the Administrator of USAID to "coordinate activities to research and promote the use of microbicides for the prevention of HIV and other sexually transmitted diseases with appropriate institutes, including the National Institutes of Health, to the extent such institutes have responsibilities that are related to the development of microbicides and their distribution in the developing world." The bill currently has 11 cosponsors and was referred to the House Committees on International Relations, on Ways and Means, and on Financial Services.

Hormone Replacement Therapy

• H.R. 5204-Hormone Replacement Therapy Alternative Treatment Fairness Act
  H.R. 5204 was introduced on July 24, 2002, by Representative Barbara Lee (D-CA) to ensure coverage of hormone replacement therapy (HRT) and alternative treatments for HRT under the Medicare and Medicaid programs, group health plans and individual health insurance coverage, and other Federal health insurance programs. In the purpose clause, the bill states that the "Women's Health Initiative terminated its study on the synthetic version of hormone replacement therapy (HRT) 3 years early due to findings that the combination of estrogen and progestin increases the risk of heart disease, stroke, blood clots, and breast cancer." It then notes that "Government insurance programs such as Medicare, Medicaid, the Federal Employees Health Benefits Program (FEHBP), and the Department of Veterans Affairs do not cover non-prescription alternative HRT treatments. Most private insurance does not cover non-prescription alternative HRT treatments." While NIH is not specifically mentioned, the bill would require coverage for alternative therapy for HRT for treatment of menopausal symptoms if "the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law and if it has been proven safe and effective in peer-reviewed scientific studies." The bill has no cosponsors and was referred to the House Committees on Energy and Commerce, on Ways and Means, on Education and the Workforce, on Government Reform, on Veterans Affairs, and on Armed Services.
• H.R. 4709-Hormone Disruption Research Act of 2002
  H.R. 4709 introduced on May 9, 2002, to authorize the Director of the National Institute of Environmental Health Sciences (NIEHS) to conduct and coordinate a research program on hormone disruption. Specifically, NIEHS would be required to establish a comprehensive research program on the impact and occurrence of hormone disrupting chemicals as they affect human, ecological, and wildlife health; compile scientifically valid information emphasizing the effect of low doses during critical life stages and the extent of human and wildlife exposure; and require the establishment of a Hormone Disruption Research Panel within the Institute. The Secretary of Health and Human Services (HHS) would be directed to establish the Hormone Disruption Research Interagency Commission. The bill has 13 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Ovarian Cancer

• H. Con. Res. 385-Ovarian Cancer Screening
  H. Con. Res. 385 was introduced on July 23, 2002, by Representative Steve J. Israel (D-NY), "Expressing the Sense of the Congress that the Secretary of Health and Human Services should conduct or support research on certain tests to screen for ovarian cancer, and Federal health care programs and group and individual health plans should cover the tests if demonstrated to be effective." In particular, NIH is encouraged to determine the effectiveness of the medical screening technique of using proteomic patterns in blood serum to identify ovarian cancer, as well as other promising ovarian cancer research that may lead to breakthroughs in screening techniques. The goal of this would be that if there is a medical screening technique that is effective for identifying ovarian cancer, Federal health care programs and group and individual health plans should cover the technique. The resolution has 147 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Pregnancy Outcomes

• H.R. 4602/S. 2328-Safe Motherhood Act for Research and Treatment (SMART Mom Act)
  H.R. 4602 and S. 2328 were introduced on April 25, 2002, by Representative John D. Dingell (D-MI) and Senator Tom Harkin (D-IA), respectively. The bills would establish an Interagency Coordinating Committee on Safe Motherhood that would include the Director of NIH (and the heads of such Institutes, Centers, and Offices as the Director deems appropriate) to develop a coordinated Federal research and strategic action plan for safe motherhood. The bills would also require the Director of NIH, acting through the Director of the National Institute of Child Health and Human Development (NICHD), and in collaboration with the Directors of other appropriate Institutes and Offices, to expand and intensify research activities with respect to conditions that lead to pregnancy-related illnesses and injury and death before, during, and after pregnancy, and to expand research to improve understanding and treatment of pregnant women who have chronic disease, physical impairment, or mental health conditions. The House bill has one cosponsor, Representative Lowey, and was referred to House Energy and Commerce Subcommittee on Health. The Senate bill has six cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions. For more information, see the article entitled "Safe Motherhood Act for Research and Treatment."

Trauma and Women

• S. 2204-Women in Trauma Act of 2002
  S. 2204 was introduced on April 18, 2002, by Senator John R. Edwards (D-NC) to improve treatment for the mental health and substance abuse needs of women with histories of trauma, including domestic and sexual violence. The bill would require the Secretary of HHS, acting through the Director of the National Institute of Mental Health (NIMH) and in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to build the evidence base for new treatment interventions that simultaneously address trauma, substance abuse, and psychiatric disorders, including depression and anxiety disorders (including posttraumatic stress disorder, psychotic, and dissociative disorders) and the integration of existing interventions for the treatment of trauma, substance abuse, and psychiatric disorders, including depression and anxiety disorders (including posttraumatic stress disorder, psychotic, and dissociative disorders). The bill would authorize $50 million for fiscal year (FY) 2003, and such sums as may be necessary for each fiscal year thereafter. The bill has two cosponsors, Senators Mary Landrieu (D-LA) and Patty Murray (D-WA), and was referred to the Senate Committee on Health, Education, Labor and Pensions.
• S. 2559-Expanding Research for Women in Trauma Act of 2002
  S. 2559 was introduced on May 23, 2002, by Senator Edwards to expand research for women in trauma. The bill specifies that the following areas of research be pursued: 1) increase and expand specified violence prevention research initiatives that focus on violence against women and special populations including adolescents and ethnic minorities, and 2) award grants for such programs for a maximum 5-year period. Specifically, the Secretary of HHS, in consultation with the Directors of CDC, NIMH, OWH, the Office of Research on Women's Health (ORWH), the National Institute on Drug Abuse, and the National Institute on Alcohol Abuse and Alcoholism, would be required to expand research on special populations; increase research on violence against women as a risk factor for various mental and physical health problems; develop and test effective methods of screening for violence; expand research on sociocultural correlates of violence; develop quantifiable measures to evaluate treatment programs and prevention strategies; and other issues related to the psychological sequelae of violence against women. The bill would authorize $50 million for FY 2003 and such sums as may be necessary for each of the FYs 2004, 2005, and 2006. The bill has two cosponsors, Senators Landrieu and Murray, and was referred to the Committee on Senate Health, Education, Labor and Pensions.

Status and Outlook

There has not been any action on these bills.

Appendix

Womens's Health Bills Introduced in the 107th Congress

Breast Cancer

• S. 261-Consumer Involvement in Breast Cancer Research Act
  S. 261, introduced on February 6, 2001, by Senator Olympia J. Snowe (R-ME), would require the Director of the National Cancer Institute (NCI), to the extent practicable, to provide for increased involvement of advocates in the NCI decisionmaking process regarding breast cancer research during FY 2001. The Director of NCI would be required to prepare a report describing the manner in which this requirement is carried out for inclusion in the Biennial Report of the Director of NIH. The bill has two cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.
• H.R. 3989-Better Screening Test for Women Act
  H.R. 3989, introduced on March 8, 2002, by Representative Lowey, would amend NCI's statute relative to breast cancer to provide additional authorizations for 1) clinical research aimed at developing early detection and screening methods for breast cancer, for which the authorizations would be $55 million for each of fiscal years 2003 through 2007; and 2) research and data collection on the link between early detection of breast cancer and reduction of mortality rates attributed to breast cancer, in the amount of $5 million for each of the FYs 2003 through 2007. The bill has 25 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Breast Research

• H.R. 1961/S. 961-Breast Implant Research and Information Act
  H.R. 1961, introduced on May 23, 2001, by Representative Roy Blunt (R-MO), and S. 961, introduced on May 24, 2001, by Senator Boxer, would promote research to identify and evaluate the health effects of breast implants, ensure that women receive accurate information about such implants, and encourage FDA to thoroughly review the implant manufacturers' standing with the Agency. For NIH, the bills would require the Director of NIH to 1) report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes, 2) appoint an official of the Department to serve as the NIH coordinator regarding breast implant research (ORWH, NIAID, National Institute of Arthritis and Musculoskeletal and Skin Diseases, NICHD, NIEHS, National Institute of Neurological Disorders and Stroke, and NCI are specifically named), 3) establish either a study section or special emphasis panel for NIH to review extramural breast implant research grant applications to ensure research design and quality, as well as quality intramural research, and 4) conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants. The House bill has 37 cosponors and was referred to the House Energy and Commerce Subcommittee on Health. The Senate bill has one cosponsor, Senator Edwards, and was referred to the Senate Committee on Health, Education, Labor and Pensions.

Environmental Research Centers

• H.R. 183/S. 720-Women's Health Environmental Research Centers Act of 2000
  H.R. 183, introduced on January 3, 2001, by Representative Louise McIntosh Slaughter (D-NY), and S. 720, introduced on April 5, 2001, by Senator Landrieu, would require NIEHS to develop and operate multidisciplinary research centers to study the impact of environmental factors on women's health and disease prevention. Specifically, the bills would require the Director of NIEHS, in consultation with the Director of ORWH, to award grants for not more than six centers to conduct multidisciplinary research on environmental factors that may be related to the development of women's health conditions. The centers would conduct basic and clinical research; develop and conduct training programs and continuing education programs for physicians, scientists, nurses, and other health professionals; and educate the public. The centers would give priority to activities directed toward disease prevention. The House bill would authorize $4 million to be appropriated for FY 2001, and such sums as necessary for each of the FYs 2002 through 2005. The Senate bill would authorize $4 million to be appropriated for FY 2002, and such sums as necessary for each of the FYs 2003 through 2006. H.R. 183 has 67 cosponsors and was referred to the House Committee on Energy and Commerce. S. 720 has one cosponsor, Senator Debbie A. Stabenow (D-MI), and was referred to the Senate Committee on Health, Education, Labor and Pensions.
• H.R. 1723/S. 830-Breast Cancer and Environmental Research Act of 2001
  H.R. 1723 and S. 830, introduced on May 3, 2001, by Representative Lowey and Senator Lincoln D. Chafee (R-RI), respectively, would expand research on the relationship between environmental factors and the development of breast cancer by creating centers of excellence designed to study the issue. These bills would require the Director of NIEHS to make grants for the development and operation of not more than eight Breast Cancer and Environmental Research Centers of Excellence to study environmental factors related to the etiology of breast cancer. H.R. 1723 and S. 830 also contain provisions that would require the Secretary of HHS to establish a Breast Cancer and Environmental Research Panel to oversee the peer-review process and provide funding and programmatic recommendations about the centers to the Director of NIEHS. The nine-member panel would comprise six physicians or health care professionals and three members of the general public who have either suffered from breast cancer or who represent an affected constituency. This panel would be in addition to the standard NIH peer-review panels. (Standard NIH peer-review panels include the initial review groups or study sections and the NIH Institute and Center councils. Both legislatively mandated bodies were created to provide peer review.) The legislation would authorize the centers for up to 5 years (FYs 2002 through 2007) at $30 million for each fiscal year, and would require the Director of NIEHS to ensure an equitable geographic distribution of centers, to the extent that this is possible. The House bill has 193 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health. The Senate bill has 41 cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.

Depression

• H.R. 2380-Melanie Stokes Postpartum Depression Research and Care Act
  H.R. 2380, introduced on June 28, 2001, by Representative Bobby Rush (D-IL), would provide for research on and services for individuals with postpartum depression and postpartum psychosis. The Director of NIMH would be required to expand and intensify research and related activities with respect to postpartum depression and postpartum psychosis. NIMH also would be required to coordinate with other NIH Institutes and establish research programs to expand the understanding of, discover the causes of, and find a cure for postpartum conditions. The bill would authorize such sums as may be necessary for each of the FYs 2002 through 2004. The bill has 122 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health. (See the article entitled "Melanie Stokes Postpartum Depression Research and Care Act.")
• S. 2271-Post-Abortion Support and Services Act
  S. 2271 was introduced on April 25, 2002, by Senator Robert C. Smith (R-NH) to provide for research on, and services for, individuals with post-abortion depression and psychosis. The bill would require the Secretary of HHS, acting through the Director of NIH, and the Director of NIMH to expand and intensify research and related activities of the Institute with respect to post-abortion depression and the physical side effects of having an abortion, including infertility, excessive bleeding, cervical tearing, infection, and death. The Director of NIMH would be required to coordinate the activities of the other national research institutes and agencies of NIH relative to post-abortion conditions. Specific types of research are outlined in the bill, including a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, and to develop diagnostic techniques. Beginning not later than 3 years after the date of the enactment and periodically thereafter for the duration of the longitudinal study, the Director of NIMH would be required to submit reports to Congress on the findings of the study. The bill would authorize $3 million for each of the FYs 2002 through 2006 for this activity. The bill has three cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.

Dioxin/Feminine Hygiene Products

• H.R. 360-Robin Danielson Act
  H.R. 360, introduced on February 14, 2001, by Representative Carolyn Maloney (D-NY), would establish a program of research regarding the risks posed by the presence of dioxin, synthetic fibers, and other additives in feminine hygiene products, and to establish a program for the collection and analysis of data on toxic shock syndrome. Specifically, the bill would require the Director of NIH, in collaboration with the Director of ORWH, to provide for research to determine the extent to whether these additives pose any risk to the health of women or the health of their children. Reports on the research must be submitted periodically to Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Chairman of the Consumer Product Safety Commission. The reports also must be made available to the public. The bill also would require CDC to collect, analyze, and make available data on toxic shock syndrome. The bill has 15 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.

Cancer Research Funding Stamp

• H.R. 2317-Repeal of Sunset for Breast Cancer Stamp
  H.R. 2317, introduced on June 26, 2001, by Representative Juanita Millender-McDonald (D-CA), would make permanent the provision under which the U.S. Postal Service is authorized to issue a special postage stamp to help provide funding for breast cancer research. Seventy percent of the proceeds from the stamp would go to NIH and the remainder to the U.S. Department of Defense. The bill has 23 cosponsors and was jointly referred to the House Committees on Government Reform, on Energy and Commerce, and on Armed Services.
• S. 1256/H.R. 2725-Breast Cancer Research Stamp Act of 2001
  S. 1256, introduced on July 26, 2001, by Senator Dianne Feinstein (D-CA), and H.R. 2725, introduced on August 2, 2001, by Representative Sue W. Kelly (R-NY), would provide for the reauthorization of the special postage stamp for breast cancer research. Specifically, the bills would extend the authorization for the stamp until July 2008. They also would exempt this stamp from any limitation relating to whether more than one semipostal stamp may be offered for sale at the same time. The Senate bill has 86 cosponsors and was referred to the Senate Governmental Affairs Subcommittee on International Security, Proliferation, and Federal Services. The House bill has 211 cosponsors and was jointly referred to the House Committees on Government Reform, on Energy and Commerce, and on Armed Services. (The provisions of these bills were incorporated into the Treasury and General Government Appropriations Act of 2002, P.L. 107-67. See the article entitled "2002 Treasury and General Government Appropriations Act.")
• S. 1398-Treasury and General Government Appropriations Act of 2002
  S. 1398, introduced September 4, 2001, by Senator Byron L. Dorgan (D-ND), included a provision that would reauthorize the special postage stamp for breast cancer research through July 29, 2008 (identical to the provisions of the Breast Cancer Research Stamp Act of 2001). This provision was included in Conference Report 107-253, which subsequently became P.L. 107-67 on November 12, 2001. See "2002 Treasury and General Government Appropriations Act."

Uterine Fibroids

• H.R. 1672/S. 2122-Uterine Fibroids Research and Education Act of 2001
  H.R. 1672 was introduced on May 2, 2001, by Representative Stephanie Tubbs Jones (D-OH), and S. 2122 was introduced on April 15, 2001, by Senator Jean Carnahan (D-MO), to authorize increased funding for research on uterine fibroids through NIH, and a program to provide information and education to the public on such fibroids. In addition to other authorizations of appropriations that are available for the purpose of conducting and supporting such research, NIH would be authorized $10 million for each of the FYs 2002 through 2006. The House bill has 89 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health. The Senate bill has three cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.
• H. Con. Res. 165-Expressing the Sense of Congress That Continual Research and Education Into the Cause and Cure for Fibroid Cancer Be Addressed
  H. Con. Res. 165 was introduced on June 19, 2001, by Representative Millender-McDonald, and states that 1) Congress recognizes the health and educational needs of women in the United States who may be suffering from fibroids, 2) it is the Sense of Congress that the medical community should explore alternatives to hysterectomies in greater detail so that women who choose to bear children in their lives may do so while eliminating recurring fibroids, 3) Congress encourages women to pay greater attention to their reproductive health by making regular visits to their obstetricians/gynecologists and also encourages women and their physicians to know all safe options available for the prevention and cure of fibroids, and 4) research conducted by NIEH indicated that while estrogen and progesterone are contributing factors, fibroids can be targeted by environmental chemicals whose effects are mediated through the estrogen and/or progesterone receptors. No action is required by NIH. The resolution has no cosponsors and was referred to the House Energy and Commerce Subcommittee on Health. The resolution passed the House on May 20, 2002.

Ovarian Cancer

• H.R. 326-Ovarian Cancer Research and Information Amendments of 2001
  H.R. 326 was introduced on January 31, 2001, by Representative Patsy T. Mink (D-HI) to authorize appropriations for ovarian cancer research. The bill would amend NCI's statute to create a specific authorization relative to ovarian cancer of $150 million for FY 2002 and such sums as may be necessary for the FYs 2003 and 2004. This legislation stipulates that 50 percent of the funds would be for research involving treatment and clinical trials and 50 percent would be for research that does not involve treatment and clinical trials. The Director of NCI would be required to give priority to research on developing a test for the early detection of ovarian cancer; identifying precursor lesions and determining the manner in which benign conditions progress to malignant status; identifying the relationship between ovarian cancer and endometriosis; and ensuring that in clinical studies, appropriate counseling is provided to women who participate, including informing women that "subject to changes in the applicable facts," there may be a genetic basis to such cancer. In addition, H.R. 326 would amend the requirement that NCI conduct and support information and education programs on ovarian cancer to include language stating that such programs should focus on screening procedures, the possibility of a genetic basis for the cancer, factors that indicate a substantial risk for such cancer, and various treatment options. Additionally, this legislation would require that the membership of the National Cancer Advisory Board include one or more individuals who are at high risk for developing ovarian cancer. The bill has 142 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health.
• H.R. 3910-Protect Our Women From Ovarian Cancer Act of 2002
  H.R. 3910, introduced on March 7, 2002, by Representative Israel, would provide for coverage under the Medicare Program of certain tests to screen for ovarian cancer upon certification by the Director of NIH that such tests are effective. Specifically, Section 4 of the bill would direct the Secretary of HHS, acting through the Director of NIH, to conduct or support research on the effectiveness of the medical screening technique of using proteomic patterns in blood serum to identify ovarian cancer, including the effectiveness of using this technique in combination with other screening methods for ovarian cancer. The Secretary of HHS also would be required to submit a report to Congress on this research, including an evaluation that analyzes the effectiveness of this screening technique. The bill has no cosponsors and was referred to the House Committees on Energy and Commerce and on Ways and Means.

Research Trust Fund

• S. 24-Health Care Assurance Act of 2001
  S. 24, introduced on January 22, 2001, by Senator Arlen Specter (R-PA), would, among numerous other provisions, establish a National Fund for Health Research in the U.S. Department of the Treasury. The funds, derived from health premiums, would be provided in increasing percentages over a 4-year period. Of the totals for each year, 2 percent of the fund would be distributed to the NIH Office of the Director each fiscal year to be allocated at the Director's discretion to ORWH, the Office of Research on Minority Health (which has now been legislatively replaced by the National Center on Minority Health and Health Disparities), and the Offices of Rare Diseases, of Behavioral and Social Sciences Research, of Dietary Supplements, and of Disease Prevention. This allocation may also be used for the construction and acquisition of equipment or facilities. An additional 2 percent is available for the National Center for Research Resources for extramural facilities construction; 1 percent would be available for health information communications; and the remainder of such amounts would be available to member NIH Institutes and Centers, including the Office of AIDS Research, in the same proportion to the total amount as the amount of annual appropriations for the fiscal year. The bill has no cosponsors and was referred to the Senate Committee on Finance.
• H.R. 281-Taxpayers' Cancer Research Funding Act of 2001
  H.R. 281, introduced on January 30, 2001, by Representative Peter King (R-NY), would establish within the U.S. Department of the Treasury a trust fund to be known as the Breast and Prostate Cancer Research Fund. When filing an income tax return, individuals would be given the opportunity to designate $5 (or $10 in the case of a joint return) to be paid to the fund. The money in the fund would be made available for making research grants to a "qualified person selected by the National Cancer Institute" through the peer review process to conduct research on breast and prostate cancer. This money would supplement, not supplant, existing funds for breast and prostate cancer research. H.R. 281 has 92 cosponsors and was jointly referred to the House Committee on Ways and Means and the Energy and Commerce Subcommittee on Health.

Office of Women's Health

• H.R. 1784/S. 946-Women's Health Office Act of 2001
  H.R. 1784, introduced on May 9, 2001, by Representative Morella, and S. 946, introduced on May 24, 2001, by Senator Snowe, would establish in statute OWH within the Office of the Secretary of HHS, headed by a Deputy Assistant Secretary for Women's Health. It also would establish women's health offices in CDC, Agency for Healthcare Research and Quality, Health Resources and Services Administration, and FDA. Under current law, only NIH and SAMHSA have permanent authorizations for their offices on women's health. OWH would be responsible for the following relating to women's health: 1) establish goals and objectives and coordinate all activities within the Department related to disease prevention, health promotion, service delivery, research, and public and health care professional education, 2) provide advice to the Secretary concerning scientific, legal, ethical, and policy issues, 3) facilitate coordination of departmental and agency offices on women's health, 4) establish a DHHS Coordinating Committee on Women's Health, chaired by the Deputy Assistant Secretary for Women's Health, and comprising representatives from each of the agencies and offices of the Department, and 5) establish a National Women's Health Information Center. The House bill has 96 cosponsors and was referred to the House Energy and Commerce Subcommittee on Health. The Senate bill has 14 cosponsors and was referred to the Senate Committee on Health, Education, Labor and Pensions.

Status and Outlook

S. 1256/H.R. 2725-Breast Cancer Research Stamp Act of 2001/
S. 1398-Treasury and General Government Appropriations Act of 2002
The provisions of S. 1256 and H.R. 2725 were incorporated into the Treasury and General Government Appropriations Act of 2002, P.L. 107-67, signed on November 12, 2001.

H. Con. Res. 165-Expressing the Sense of Congress That Continual Research and Education Into the Cause and Cure for Fibroid Cancer Be Addressed
This resolution was passed by the House on May 20, 2002.