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9_D CoxGrmss SENATE Calendar No.239
Abstract
The Committee on Labor and Public Welfare, to w!~ich was referred the bill (S. 1828) to amend the Public Health Service Act so as to promote the public health by stren~hening the national effort to conquer cancer, having considered the same, reports favorably thereon with amendment(s) and recommends that the bill (as amended) do pass. I.
Fields
- Named Organization
- American Heart Association (Voluntary health organization that focuses on cardiac health)Voluntary health organization that focuses on cardiac health and stroke. AHA occasionally teams with tobacco retailers to engage in promotions/fund-raisers (see http://www.smokefree.net/doc-alert/messages/247136.html and http://www.rawbw.com/~jpk/stand/Pictures.html).
- Association of American Medical Colleges
- Atomic Energy Commission
- *Department of Health, Education, and Welfare (HEW) (use United States Departmen (use @hew_dept)
- Federal Register (publication)
- General Counsel
- Lung Institute
- National Cancer Advisory Board
- National Institutes of Health
- National Institutes of Health (NIH)
- National Science Foundation
- New York Daily News
- Office of Management and Budget (OMB)
- Olin Corp.
- Research Council
- Securities and Exchange Commission (SEC)
- Senate
- Stanford University
- University of Wisconsin
- Warner Lambert
- Washington University in St. Louis
- Association of American Medical Colleges
- Named Person
- Bobst, Elmer
- Cornely, Paul B.
- Farber, Sidney
- Foote, Emerson (Ad exec.; Promoted Lucky Strikes in 1930s)
- Funston, G. Keith
- Garb, Solomon
- Green, Rich
- Holland, James F.
- Hutchinson, William B.
- Kennedy, John Fitzgerald (U. S. President, 1961-1963)
- Lee, Philip R., M.D. (US Dept. of Health & Human Services, Secretary)
- Rosenberg, Anna
- Rusch, Harold P.
- Cornely, Paul B.
- Date Loaded
- 18 Jul 2005
- Box
- 0504
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9~D CoxGrmss
SENATE
Calendar No.239
No. 92-247
COI~QUEST OF CANCER ACT
~u~ 29 (legal day, .l~m 28), 1971.--Ordered to be printed
from the Committee on Labor and Public Welfare,
submitted the following
REPORT
[To accompany S. 1828]
TOGETHER WITH INDIVIDUAL VIEWS
The Committee on Labor and Public Welfare, to w!~ich was referred
the bill (S. 1828) to amend the Public Health Service Act so as to
promote the public health by stren~hening the national effort to con-
quer cancer, having considered the same, reports favorably thereon
with amendment(s) and recommends that the bill (as amended) do
pass.
I. Summary
S. 18~8 would amend the Public Health Service Act to establish a
Conquest of Cancer Agency as an independent agency withiu the
National Institutes of Health under a Director reporting to the Presi-
dent. The .4~gency's purpose would be to energetically conduct a na-
tion~l program ~or the conquest of cancer. "
The Agency would submit its budget estimates directly to the
President and would obligate funds appropriated for its activities in
the same manner as other independent establishments within the
executive branch.
• The bill would make the National Cancer I,stitute • part of the
(.onquest of Cancer Agency. It would also establish a National Cancer
Advisory Board to advise the Agency in the development and execu-
tion of ~ts program. The Board wotdd assume the functions now per-
formed by the ~ational Advisory Cancer Council, which it would
supersede.
The Director of the Agency would take neecssarv action, together
with the Di,mctor of the National Institutes of H6alth, to maintain
existing channels for the free communication of scientific knowledge
between the Agency and the other health institutes, and for the coor-
4S-010
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di~.at.ion (through mutual program and budget review) of their
respective activities.
1-L Background
SE~ATZ REsm.m~o.~- 376
On March 25~ 1970~ Senate Resolution 376, calling for a compldely
new study of cancer~ cancer research and the causes and cures of can-
cer~ was introduced by Senator Ralph ~V. Yarborou~h. Chairman of
the Committee on Labor and Public Welfare. and a b~-l~art~san ~,'oup
of 53 Senate cosponsors. The inte~ut of thi~ resolution was to make
the conquest of cancer a national goal of the highest priority.
Behind the introduction of this Resolution: and accounti~g for the
broad support accorded it, were these perceptions~ based on urgen~
advice from a number of science and medical leaders:
First~ that cancer is the No. 1 health concern of the Amer-
ican people. It is the disease most dreaded b~" a majority of
Americans, and its incidence is increasing: Accordin~ to
current statistics~ of the 200 million Americans alive today.
50 million will be aflticted by some type of cancer, and ~4
million will die of it~ i~ better methods o~ prevention and
treatment are not discovered.
Second, that recent advances in cancer research have
brought this field to the verge, of important and exciting de-
velopments in the early detection and possible control of
this dread disease; and "
Finally~ that as a nation, we a~e neither putting forth the
effort nor deploying the resources needed to exp]oi~ the full
potential of these gains against cancer.
Seuate Resolution 376 authorized the Committee on Labor and
Public ~Velfare to study cancer research activities. It specifically
charged the Committee t~ "examine, investigate, and make a complet'e
study of any and all matters pertaining to (1) the present status and
exte~t of scientific research conducted by governmental and nongov-
ernmental agencies to ascertain the causes and develop means for the
treatment, cure, and elimination of cancer. (2) the prospect for suc-
cess in such endeavors, and (3) means and measures necessa~T or
desirable to facilitat~ success in such endeavors at the earliest possible
time." The sum of $250~000 was authorized to be expended by the
Committee in carrying out this cancer study. "
On April 15, 1,070. the Senate Committee on Labor and Public ~Vel-
fare unanimously reported out Senate Resolution 376 for referral to
the Senate Commitee on Rules and Administration. The latter Com-
mittee ordered it reported with two major pro forma amendments on
.~_pril 2,3, and the Resolution passed the Senate by unanimous vote,
on April 27,1970.
To assist in carrying out the new cancer study required by Senate
Resolution 376~ the Senate Labor and ~Velfare Committee established
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in .lune 19'70, a Panel of Consult~nt~ on the Conquest of Cancer~ com-
posed of 13 eminent laymen and 1.3 eminent scientists, chai'red by Mr.
Benno C. Schmidt. Managing Partner of J. If. Whitney and Com-
pany. New York City, 'and with Dr. Sidney Farber~ Founder and
Scientific Director. C~ildren~s Cancer Research Foundation, Boston~
as Co-Chalrma~. Other members of the Pgnb] were :
,~Ir. L W. Abel, president. United Steelworke~ of America~
Mr. William McC, Blair~ o]'r, general director, the John F. ~Kennedy-
Center for the Performing Arts, . " ~
~Ir. Elmer Bobst. chairman of board. Warner Lambert Pharmaceu-
tical Co ..... '..
I)r. Joseph Burchenal, vice president, Sloan-Ketterin'g Institute for
Cancer Research.
Dr. Paul B. Cornely, president, American Public I-Iealth Association~
~fr. Emerson Foote,
Mr. G. Keith Funston, chairnmn of board, Olin Corp.,
Dr. Solomon Garb, scientific director: American Medical Center at
Denver.
Mrs. Anna Rosenberg I-Ioffman,
Dr. James F. Holland, chief of medicine A: Roswell Park ~Iemorial
Institute for Cancer Research,
Dr. William B. Hutchinson: president. Pacific Northwest Research
Foundation,
Dr. I-leafy S. Kaplan~ chairman, Department. of Radiology. Stanford
Univer:~ity Medical Center, ~ "
Dr. h[athilde Krim, Sloan-Kettering Instithte for Cancer Research~
3h's. Maze: Wells Lawrence~ ~,Vells, Rich & Green Advertising Agency~
Dr. Josh~a Lederberg, pro~essor of genetics, Stanford University
School of Medicine,
~Ir. Emil ~[azey~ secretary-treasurer~ United ~kutomobile Workers~
~Ir. Mike O'Neill, managing editor, New York Daily News,
~fr. Jubal R. Parten~ member of board, Fund for the Republic~
.~[r. Laurance S. Rockefeller, chairman~ Rockefeller Brothers, Inc.~
Dr. Jo~nathan E. Rhoads~ chairman, department of surgeL~', Univer-
sit)" of Pennsy]vanla School of ~fedicine,
I)r. Harold P. Rusch. professor of cancer research, McArdle Labora-
tory. University of Wisconsin,
Dr. ~Vende]l G. Scott, clinical "professor o~ radic#]ogy: Washington
University~
Mr. Lew Wasserman~ president~ Music Corp. of America, Inc,
Ihe Panel which met for the first time on June ~9, 19~0, ~'as asked
to submit its report and recommendations at the earliest practicable
date, but not later than December 15~ 1970.
HOUSE CO-~CURREXT RESOLUTION 675
As the Panel began its deliberations, a £-urther Resolution from the
Co,~gress l~}derlined the importance 6f the study undertaken: On
July 15. 19 #0, the House o~f Representatives passed Concurrent Reso-
luti'on 675, later passed by the Senate, expressing ~he unanimou~ ss~me
of the Coheiress that "the Conquest Of Cancer ~s a na~iona! crusade"
and that "the Congress should appropriate the necessa~- fuuds so that
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4
the citizens of this land and all other.lands may be delivered from the
g~eatest lnedical scourge in history.." "
:. I~PORT OF THE PAI~r~L. OF CONSULT~NTS
The Report of the Panel of Consultants~ entitled "A National
Program for the Conquest of Cancer" was transmitted to the Com-
mitte~ on Labor.~ and Public Welfare on November 25, 1970. The
R~l~ox¢ .(Report No. 91-140B~ 91st Congress~ 2nd Session) was ordered
to b~ printed on December 4~ 1970. On April 14~ 1971~ it was ordered
to be re-printed with. illustrations~ as Senate Document No. 92-9.
Par~ I o~ the Panel's P~por~ provides a brlef summary of the cancer
problem~ identifies areas of special promise which offer unusual oppor-
tmdties ~or intensh%d effort, and states the recommendations o~ the
Committee. The second part o~ the Report sets ~orth the scientific and
medical background in more detail
The principal fi~ dings and r~commendatio~s o~ the Panel were as
follows:
1. Cancer ~s~ the No. 1 health .concern o~ the American people.
poll conducted in 1966 showed that 62 percent of the public feared
cancer more than any other disease. O~ the B00 million Americans
alive today~ 50 million will develop cancer at present rates of
dence~ and 84 m~llion will d~e of th~s pahfful and often ugly disease:
i~ better methods o~ prevention nnd treatment are not discovered.
About one-half of cancer deaths occur before the age o~ 65, and cancer
causes more deaths among children under ~ge 15 than any other dis-
ease. Over 16 percent o~ all deaths in the United States are caused b.v
cancer~ malting ~t by a wide margin our second greatest ]tiller (after
cardiovascular diseases). Cancer often strikes as harshly at human
di~dty as at human li~e, and more o~ten than not ~t represents finan-
cial catastrophe for the family in which ~t strikes.
2. The amount spent on cancer research is grossly inadequate today.
For every man~ woman~ and child in the United States. we spent
1969:$410 on national defense; $125 on the war in Yie~nam: $19 on
the space program; $19 on foreign a~d and only $0.8~ on calmer r~-
search. C~neer deaths l~st year ~ere 8 thnes the number o~ lives lost
in 6 years in Vietuam~ 5~ t~m~ the number killed ~n automobile acc~-
dents~ and grea~er than the number o~ America~ k~ll~ in battle in
all 4 years o~ World ~ar II. Given ~e seriousn~s of the ~n~r prob-
lem to the health and morale o~ our society, th~s a~locat~on of
priorities seems o~n to serious qu~on. In addition ~ the poignancy
o~ the dis~se~ ~d the de~h and sugerh~g that ~ ~uses. the economic
1o~ is stagger~g~ w~th ~at~ o~ i~ ~s~ ~ ~e Nation ~g as
high ~s $15 billion per year~ o~ which some ~ to $5 billion represents
direc~ care and treatment cost~ and the be]ance is loss o~ earning power
and productivity.
3. The incidence of cancer is increasing. T~s is partly due to
fac~ tha~ a grea~r num~r of our elti~ns are reaching mo~
vaned a=es, ~here c~n~r stMkes more ~u~lv~ but it is also due
to th~ sharp increas~ ~ lung cancer~ undou~l~at~but~l~
a~r po~u~on ~ ~r~a~n ~vlro~en~ and ~f~r~y t~ ~.
sel~-po~u~on o~ th~ who smoke ci~tt~. 1~ is ~imated that
T!55770006

5
the American people stopped smoldng eir.o~rettes this alone would
eliminate about 15 percent of all cancer deaths.. •
4. '£he uature o~ cancer ~s not yet fully known. We know tha¢ human
cancers are caused by certain chemidals', by certain types of radiation,
,nd pro.bably by vir~ses. The precise n{ec~mnisms b~ which these car-
cinogemc a~ents cause~ or interact to cause, cancer is ~ot known~ antl
very little i~ known about the rmtur,~J de'ease mechanisms that pre-
vent cancer in some cases and not in others: ~ great deal more must be
learned about chemical carcinogens, radiation: and'viruses, and how
they work. ~lre must also learn more about what takes place at the
cellular level when cancer occurs. The~e is very strong suggestive evi-
dence that viruses cause some human cancers:'but which w~ruses, how
they are transmitted, and how they operate are unknown. It is errone-
ous~ to think of canc~.r as a single disease with a. single cause that will
be subject to ~t single form of immunization (as in the case of polio)
or a single cure. Cancer comprises many diseases and results from a
variet.y ~ ca.u~s that will have to be dealt with in a variety of was's.
~-Iowever, as our knowledge is expanded, more and more c~ncers s~':ill
become preventable or curable.
5. The cure rate for cancer is gradually improving. In 1980 we were
"~ble to cure only about one case in five; today we cure one case in
three; and it is estimated that the cure rate cothd be brought close to
one in two by a better application of knowledg~ whicl~ e~ists todav~
i.e. detection'at an earlier stage through the more widespread use ~f
existing techniques (such as the Papanicolaou test for women and
mammography)~ coupled with an extension to all citizens of the same
quality of diagnosis ~nd treatment now available ut the best treatment
centers. There are three methods for curing cancer today.; surgery~
radiation therapy~ and chemotherapy. Often t~'o or eveh three of these
methods are used in combination. Some types of c~ncer are far more
curable than others. For example, early breast c~ncer treated by sur-
gery, cancer of the cervix l~y r,~diation or surgery~ and choriocarci-
nomh and Burkitt~s tumor by chemotherapy~ are ~mong those most
susceptible to cure today. Treatment techm~ques a~e improving mark-
edit-, particularly in ra~liat.ion therapy and chemotherap:~', and more
~vit'i~spread avai~abillty of the best quality detection a~'d treatment
will We us more and'more cures. However~ it is still true that those
cancers which disseminate rapidly are seldom curable toda'¢~ and thi~
represents a major gap in our existing knowledge. VCher~ ave stand
today in our knowledge of the causes~ nature~ prevention, diagnosis,
treatment~ and control of cancer is set forth in detail in part II of this
report.
6. There have been major advances in the fundamental knowledge
of cancer in the past decade, and these advances in knowledge have
opened up far more promising areas for intensive investigation thau
have ever heretofore existed. These areas of special promi~ must be
explored with vigor~ if we are to exploit the gt~at opportunities that
lie before us. They are examined in detail in part II of this report.
Among the areas of special promise which must be aggressively
pursued are:
(a) The identification and study of the chemical, physical, and
other environmental factors that cause cancer (food additive.% air
Ti55770007

pollutants~ industrial hazardss radiations and okher carchlogens) ;
(b) Viruses causing cancer (what viruses cause cancer, how are
they transmitted~ and]aow do th.e,y act)
(c) Cell and tumm- biology (including cell surface phenomena,
molecular functions~ differentiation and genic expressions controls
of cell divisions mechanisms of metastasis, nutritional require-
ments and other biological factors)
(el) Immunology (host resistance against cancers its natures
causes and ther.a!~eutic use) ;
(e) F, pidemimogy (the variables in cancer incidence and types
ste~nming from geographic, socials economics nutritional, occuua-
t~ nal~ and constltutmnal differences~ ;
(f) Cancer prevention (more effective utilization of existing
knowledge and intensified research on preventive measures) ;
(g) Diagnosis (the development of new and improved diag-
~ostic techniques) ;
(h) Chemotherapy (the development o~ new and better dru~o~
and improvement in ~heir uses) ;
(~) Radiotherapy (development of new and better techniques
and apparatus for radiation therapy) ;
(~) Surgery (the best techniques in cancer surger]- coupled with
earlier diagnosis must be made generally available in-order to
further increase the cure of cancer. Better rehabilitation tech-
niques must be further developed and utilized to return the cancer
patient to an active and full life)
(k) Combinations of treatment modalities (improvement
treatment results by better combinations of surgery~ radiotherapy.
chemotherapy~ and immunotherapy). "
7. A national program for the conquest of cancer is now essential
if we are to exploit effectively the great opportunities which are pre-
sented as a result of recent advances in our knowledge. However, such
a program will require three major ingredienfs that are not present
today:
Firsts effective administration with clearly defined authority and
responsibility;
Second, the development of a comprehensive national plan for a
coherent and systematic attack on the vastly complex problems of
cancer. Such a plan would include not only programmatic research
where that is appropriate, but also major segments of much more
loosely coordinated research where plans cannot be definitively laid
out nor long-range objectives clearly s~ecified- and
"11 ~rds the necessary financml resources.
At the present time there is no coordinated national program or
program plan. The National Cancer Institute has done excellent work
itsei~f and has supported grants and contracts in the scientific com-
munity which have resulted in much outstanding work, but the orer-
all research effort is fragmented and, for the most part, uncoordinated.
The effort in cancer should now be expanded and intensified under an
effective administration charged with developing and executing a com-
prehensive national plan for the conquest of cancer at the-earliest
possible time. The three foregoing elements are considered separately
m more detail in the succeeding paragraphs 8, 9, and 10.
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8. Ad~nlnistrat~o~---[An effective major assault on cancer requires
an administrative setup which can efficiently administer the coherent
program that is requii:ed in this formidable and complex scientific
field. Such a setup will not be easy to achieve within the Federal Gov-
ernment. The effective implementation of such a program will require
a simplification of organization arrangements and a drastic reduc-
tion in the number of people invol~'ed in administrative decisions. This
type of straight-line organizational efficiency does not. exist today in
the National Cancer Institute, the l~'ational Institutes of ttealth, or
the Department of I-Iealth~ Education~ and Welfare. Obviously, from
many standpoints it can be argued that any cancer program should
be in the Department of Health, Education~ and Welfare and indeed
that it should be in the National Institutes of Health. However, there
is real doubt whether the kind of organization that is required for
this program can in 2act be achieved within the l~ational Institutes
of Health or within the Department of Health, Education, and ~Vel-
fare. Apart from the question of whether it can be done~ there is also
the question of whether it would be wise to require the Secretary of
Health~ Education, and Welfare to attempt, to give cancer the priority
necessary to carry out the congressional mandate in a department
charged with the multiple health and other responsibilities of that
Depart]neut.
In the past when the Federal Government has desired to give top
priority to a major scientific project of the magaaitude of that involved
in the ~'onquest of cancer, it has on occasiom with considerable success~
,.iven the responsibility for the project to an independent agency. Such
an agency provides a" degree of independence in management, plan-
ning. budget presentatiom and assessment of progress which is difficult
if uot imi3ossible to achieve in a large government department. Ac-
cordingly, if the Congress and the administration are truly committed
to making the conquest of cancer a ~national crusade", as expressed in
the concurrent resolution of the Congress. it is the view of the Com-
mitte,~ that a National Cancer Authority should be established whose
mission is defined by statute to be the conquest of cancer at the earliest
possible time. ,kll t]~e functions, personnel, facilities, appropriations.
programs, and authorities of the National Cancer Institute should be
transferred to the Natioual Cancer Authority. The Authority should
be headed by an Administrator appointed b~" the President with the
advice and donscnt of the Senate. and he sho{fld report directly to the
President and present his budgets and programs to the Cong~'ess. In
cousidering the feasibility of a~ independent a;g~ncy, it should be borne
in mi~l that we are talking about a major scientific program and. as
pointed out in subsequent phragraphs, not the delivery of patient care
~,enerallv in cancer cases. The only patient care involved in this pro-
gram will be that associated with'clinical research and teaching and
tim development and demonstration of improved methods in the
live~T of patient care undertaken as a part of the comprehensive
program plan.
The po~vers of such a National Cancer Authority should be very
broadly defined in order to accomplish a mission o~ this complexit.~'.
It wo~ld not be useful to attempt to enumerate here all the powers
that such an Authority should have and in the writing of the imple-
TI55770009

8
menting legislation~ the Committee believes that the powers should be
broadly defined and not enumerated. However: the following are
illustrative of the kinds of powers which the National Cancer .~uthor-
ity will have to be able to- exercise in order to catty out a comprehen-
sive program of the type envisaged:
(a) The power to enter into prime contracts with authority in
the prime contractor to enter into subcontracts; _
(b) The power to commit available funds until expended rather
than on a year-to-year basis; "
(c) The power to authorize exceptions to existing regulations~
where necessary, to permit t}m use of experimental drugs~ bio-
logieals, and devices in cancer research;
(d) The power to establish or support the large-scale produc-
tion o~ specialized biological materials for cancer resear~a~ such
as viruses~ cell cultures~ animals, and the like. as welt as the power
to set standards o~ safety and care for those ~sing such materials;
(e) The power to support research outside the~'nited States by
highly qualified foreign nationals~ collaborative research involv-
ing American and foreign participants, and training of American
scientists abroad and foreign scientists iu the United S~ates. to
the extent that such activities will promote the accomplishmen~ o~
the mission. The Committee believes that cancer research offers a
particularly fruitful field for collaboration with other nations, in-
eluding those nations with whom present cooperation is limited
bu~ with whom greater collaboration is desired;
(~) The power to fund by loan, grant, contract~ or otherwise
any facilities or programs~ or to take-such other actions, as may be
required for the accomplishment of the mission.
9. Program 'flan.--A comprehensive national plan for the conquest
of cancer should be developed as promptly as possible. The develop-
ment o~ a coherent overall program plau s~ould include the following
features :
(a} The present research activities now being carried "forward under
the National Cancer Institute should iu no way be impeded or inter-
rupted while plans are being made for the expansion, intensificatiom
and coordination of the cancer research program;
(5) Existing research facilities and manpower should be used as
promptly as possible for the accelerated exploitation of the opportuni-
ties in the areas of special promise. There is substantial unused capac-
ity in this country today that should be utilized in order to attract
and retain the manpower that is needed. It is a myth that we could not
spend effectivel on cancer very much more than is now bein~ spent.
The fact that ~eY~eral suppor~ for c~ncer research has leveled ~ sb~ce
1967 and that, due to inflation, the actual amount of work done has
decreasexl~ has created a serious gap between what we are doing now
and what we could and should be doing in cancer research. It is esti-
mated that current expenditures could be doubled within the frame-
work of the existing facilities and manpower potential of this country
today~ exclusive of {hegreat industrial research capability in this
whi'ch should be brought to bear on an appreciable scale [n high prior-
itv m~as to which this type of capabili@ is particularly suited.
T15677001,

(c) Existing cancer centers should be Strengthened andadditional
caner centers in different parts of the country should be created. The
solution of the cancer problem lends itself to a multidisciphnary effort~
where teams of highly qu£1ii~ed specialists are available to interact on
problerns of research, ~oth clinical and nonclinical, teaching, diag-
nosis, preventive programs~ and the development of improved methods
in the delivery of patient care~ includ~g rehabilitation. Among those
who work in the cancer field, there is great emphusis on the advantage~_
of critic~.l mass~a critical mass of scientists and physicians committed
to the cooperative solution of the cancer problem, of research facilities~
of patient~, and of financial and other resources. This is simply another
way of sayi/~g that the comprehensive cancer center offdrs the best
organizationaI structure for.tt~e expanded attack on cancer. In addition
to the few compreheaisive cancer centers that exist in the.United States
today, there are a number of other institutions @hich combine all or
most of the capabilities for a multidisciplinary effort in cancer. These
could serve as a base for the creation of additional centers. The new
cente~ should have appropriate geographic distribution and should.
whez~ver possible, be created where a nucleus of scientific, professional
and managerial personnel already exists and preferably where a uni-
versity or a medical school affiliation exists otis planned.
In the creation of new cancer centers, manpower limitations should
be taken into account, ~nd new centers should not be created where
there would be a dilution in the effectiveness'of existing centers which
would offset any gain from t~e new center. There shouId be a realistic
operating plan for each ne~x center which ~ssu.res the' scientific and
managerial commitment and:ability necessary to the creation ~nd op-
eration of a successful center." ..... . • "
It should" be emphasized that the strengthening of existing cancer
centers and the creation of new cancer centers does not mean that under
tMs program general responsibility should be undertaken fo~ the care
of the Nation's cancer patients. Tt~e dellve~T of patient care in cancer
cases is a part of.the gener~.l problem of the delivery "of patient care
and shouldbe so dealt with. However, this inhibition must not prevent
the cal~cer centers from including such patient care facilities as are
necessary for clinical research arid teaching and for the development
and demonstration, of the best methods o~ treatment in cancer cases.
(d) The cance~ centers ~l~oulcl also sexwe as administratiw coordina-
tom of those programs which require regional coordination. Such cen-
ters should support and assist clinics end community medical centers
in their own geogrupl~c are~ in :order to assure the .widespread use
of the best available methods fbr early detection and treatment of
cancer. They shoulc~ a~so serve to collect data useful in the pre~rention
and.cure of cancer, including..p~tent follow-up information, and be
responsible for the dissemination of information, both at the lay and
professional levels, that-is useful in the prevention~ diagnosis aridcure
of cancer. The effective .d~semination and utilization of such infor-
mation is a most importgnt par~.ef any national plan to conquer cancer.
(v) .4~ national plan of the-type envisaged must take uccount of the
manpower re~tniremonts for this effort.. Them is a critical need for
tra~ing ~nd career oppoi~unities for young scientists, phyalcians~ and
other l~rsonnel in this program. We mus~ reaffirm to young investiga-
S. l~ep~. 92-247~2
TI5577001"

10
tors our confidence in the future of American science and in our na-
tional dedication ~o success in the conquest Of cancer. A manpower
program in this field should include training stipends,predoctoral fel-
lowships for particularly promising candiaates~ post~Ioctoral fellow-
ships for brilliant investigators, and career positions where appro-
priate through career L~tiktion awards, career development awards~
and senior career awards.
(f) A national plan for the conquest of cancer should provide for
the generous use of grants as well as contracts and other methods of
funding. There should be increased emphasis on the grants mechanism
in order to stimulate continued independent exploration, particularly
in those areas where knowledge is not sufficiently mature for a c~-
ordinated program aimed at reaching defined objectives.
(~) A comprehensive national ~rozram requires ontimum commu-
nication and centralized banks of l~nfo~mation: There ~nust be an accu-
rate and prompt information flow in both directions. This will call
~or integrated data processing, storage~ and retrieval in order to
rationalize the decision-making and to make information available
when and where needed. As indicated above~ the centers can be impor-
tant loci in both th~ collection and dissemination o~ this information.
(h) A coordi_nated national program plan should~ to the greatest
possible extent, be generated by the voluntary productive interaction
and joint planning of the scientists who will be responsible for doing
the work. Theprogram should not he the result of the happenstance of
a multitude o~random decisions independently arrived at. An inte-
grated and coherent plan resulting from the joint effort o~ representa-
tive scientists who will be responsible ~or its execution is fundamentally
differen~ from the hierarchical imposition or direction of a research
program from above, ttowever~ the effective use of collective plannin~
does not mean that centralized administration or management of re-
sources should be sacrificed.
10. F~nd~ng.~The Committee estimates that a coordinated national
progrard aimed at the conquest of cancer at the earliest possible time~
as envisaged by the concurrent resolution of the Congress, would re-
quire an appropriation in fiscal 1972 of approximately $400 million.
Thereafter~ the cost of the program would increase at'the rate of ap-
proximately $1,00. ~o $150 million per year~ reaching a level of .$800
million to $1 billion in 1976. These sums are hot large in terms o~ our
national ~esources or of the humafi suffering and economic loss attrib-
utable to cancer. A program o~ the type herein recommended is so im-
portant to the American ~eople and to the world that we feel that the
a.mounts called for should be provided ~ven i~ this necessitates the
raising o~ additional revenues. It is of utmost importance that the
fi.nancing o~ this program not result in cutbacks in other health
programs.
11. ~Vat~rnn:l ~a~cer AdvCs~3/. Boa~.--Both the_ ~ublie ~tnd the sci:
entific communi .~y must be effectlvhly r~presented in this ef~ort~ and
mus~. hav~ a part in its plahning as well ~ its e~ecutisn. To this end. a
lCational Cancer .~dvisory Bo~rd should be created with 18 members.
nine o~ ~vhom are distin~U_isbed scientists knd doctors in the field of
cancer, and nine o~ wh0~ are distin~uishdd laymen. The members
should serv~ ~or a term o~ 6 .~ears with the terms of one-third o~ the
members expiring every 2 years..-~fembers of the Board should be
appointed by the President of the United States ~th the advice and
TI557700

consent of the Senate. The Chairman of the Board should be elected by
the members and should serve for a term of 2 years. The Board should
meet not less than once each quarter and its ~-unction should be to advise
and assist the lgational Cancer ~kuthority and its Administrator in the
development and execution of the program. The Administrator should
be an ex-officio member of the Board. The Board should have statu-
tory responsibility for the approval of each year's program plan and
budget, but the responsibility for administering the program should
rest with the Administrator. The Board should have full investigato .ry
powers and should be required to report once each year to the Presi-
dent and the Congress on the progress of the National Cancer Author-
ity in the accomplishment of its mission. This Board should supersede
the presently existing ~ational Advisory Cancer Council, and the
members of that Council should serve as additional members of the
National Cancer Advisory Board for the duration of their present
terms.
12. Cancer is an implacable foe and the difficulty of eliminating it
as a major disease mus¢ not be underestimated. A top priority commit-
m~m# b~" ~he Con~re.~. the President. and the American'peop|e i.~
required if we are to mouut and sustain an assault on cancer of t|m
magnitude envisaged by Senate Resolution 876 and the concurrent
r~,~h~*~on ~ the Congress. Such a commitment invoh'es a reco~ition
not only of the difficulty and complexity o~ cancer but also of the time
,'rod r~.~ources required to attack it effectively. While it is probably
unrealistic at this time to talk about the total elimination of cancer
within a short period of time or to expect a single vaccine or cure tha~
will eradicate the disease completely, the progress that has been mad,
in the past decade ~rovides a stron~ basis for the belief that an accel-
erated and intensified ,~ault on cancer at this time will produce ex-
traordinary rewards. The Committee is unanimously of the view that
an effectiv:e natiomd program for the conquest of" cancer should be
promptly ~nitiated and relentlessly pursued.
Bl~mS ~vo I~tP~,~r~.XT ~rl~V~ PA.xmr, REPORT S. 4564 (91ST CON'C~.). ;
S. 34 (9~n Coxo.)
On T)ecember 4. ] 970, Senator Yarborou.~h ~ntroduced a bill. S. 4564,
the "Connuest of Cancer Act". which was based on the recommenda-
tions o~ the Pane] of Consultants. While no action could be taken on
this bill in the few days remaining for the 91~ Congress. a sim~ar
bill. S. ,~t. was introduced in the 9~nd Congress (on ,lanuary ~5.1.0,1)
by Senato~ Kennedy and Javits. Briefly. S. 34 proposed:
• 1. that the. prevention, diagnosis, and cure of cancer be declared
of the highest national priority ;
-_.. that an independent Cancer Authority be established to con-
duct and support research on cancer, and to'collect and disseminate
information on cancer to the public and scientific community;
3. that a national plan be submitted to the Con~'ess. thrfiugh
the President, ~or the Conquest. o~ Cancer which would inc]nde:
measures to be taken in combatting cancer:
~ time table ~or the accomplishment o~ the measm~ :
cost estimates for major portions of the plan.
T!55770013

.. 4. that an 18 member.,~h~ational Cancer .&dvisory "Board be.
• appl~ved by th~ P'r~sident: with'-the conet~:~ence of the S~ute
~o ad~']s9 ~d a~Js~ ~]{e :~dm~st~;atbr of ~he Caner'Authority.
With the delivery of ~wo important ~tateme~ts by the President,
early in calenddr year ~971~ it'~as immefiiately evident that a broad
consensus acro~ Government~and indeed acro~ the 5"ation~had
developed on ~g t~ehne~ and [he ~genqy o~ a major national effo~
to ~nquer cancer ~ rapidly ~ p~ble. Gn ganua~ ~5, in his Sta~
af th'6 Union addre~ to the Nation," the President called for a
national commitment" to an intensive campaign to find a cure for
cancer. He stated that he would ask for an appropriation of an extra
$100 millioa to launch such a campai~ and that he would "ask later
for whatever additional funds can b~" effectively used." This request
and t~s promise were repe~d in th~ special ~essage on a ~'ational
Health Strategy which the President seat. to the Congre~ on Febru-
ary i8. ~ that message the Presidcn¢ a~so am~ounced that he would
establish a Cancer Co~iqu~t Program within the National Institutes
of Health but under its own Director, and a nc.w Advisory Committee
to advise the President, the Director of the Program and ~ther officials
concernin~ their efforts.
Ia tiffs ~ealth M~sage~ the President included an bnportant cau-
tion against the danger of nnrealistic expectations:
Whea~ we began our space program we were fairly co,dent
that our goals codd be reached if only we made a great
enough effort. ~e challenge was technological; it did not
require new theoretical brekkthroughs. Unfortunately, this
~s uot the ca~ in most biomedical research at the preseat
time: scientific breakthroughs are s~ill required and they
ofted cannot be foreed~no mater how much money and
ener~ is expended.
~V~* should not forget this caution, ~kt the same thne, we
should recognize that of all our research endeavors: cancer
research may now ~ in the l~st position to behest ft'mn a
great infusidn of resources.
Iu order to get the intensified cancer research campaign underway
without delay, the President included in the Second Supplemental
.~ppropriation bill a request for an additional $100 million for can-
cer research. This bill was pa~ed by Con~ss on 5fav 94. and the
Committee undea~tands~ therefore. ~hat the~ ~ditio~al fim~ will
be available ~r obligation on ~uly 1,1971.
On May 11~ 1971~Smaator Dominick and Senator Gri~ introduced~
on behalf of the A&nini~ration~ S. 1898~ an "Act to Conquer Cancer."
Among the key features o~ tMs bill were thee:
1. ~e bill would ~tabfish a Cancer Cure Program ~thin the
3"ational Institutes of Health~ which shalI have as its obj~tive
"the conquer of cancer at the earliest ~ible time."
2. Thd p~am would ~ ~dmini~ered b$ a Dir~r who will
~ appoin~y t~ Prudent ~h ~e advice and con~nt of the
Senate, and ~11 ~e under the ~mction of the Pr~ident.
TI~C

13
• 3. The' D~ecto~'would serve "~mder the direc~i~ bf th~ Secre-
~aD'¢ I~IF, W~ with res~dct ~ su~ ~ctions ~ ~e'Pr~id~nt rosy
4. -The Program wo~d a~t "m ~ordmatlon ~ the o~her pro-
grams ~d acti~ti~ o~ the N~tionul ~itut~ of HealthY
5. ~ C~ncer Cure Ad~ory Cootie wo~d be ~bl~hed~
cons~st~g o~ the S~reta~ o~ ~W, ~e ~irman end members
o~ the Natienal Ad~o~ C~ncer Councfi~ and Director o~ the
Office o~ Science ~d T~hnolo~ (all o~ the pryingas ex officio
membe~)~ ~nd not ~ exc~d ten additionul members ~ be
po~ted by t~e ~r~dent.
Upon ~he introduction o~ ~ proposed le~slation~ the P~ident
reaffirmed hi~ commi~t ~ ~ program w~ch would sub~nti~llv
increase our effor~ to find cur~ ~or c~ncer. The te~ o~ his ~a~me~t
~ollows:
Cancer h~ become one of m~n~d's deadlier ~nd most
elusive enemies. The conqu~ of c~ncer ~ ~a of the m~t
important effor~ o~ our time.
Su~s will ~st the very 1~i~ o~ our ~nation and our
resourcef~n~ss. It will require ~ ~gh sen~ o~ purpose und
strong sense o~ ~scip~m.
In my m~saga to the Congr~s on ~e State o~ the Union
on J~nuary ~ 1971~ and ~g~ ~ my special m~age ~ the
Congress concerning ~ ~ational Health Str~te~ on Febru-
ury 18~ 1971~ I expr~ed my dete~ution to w~ge ~ success-
~1 campaign ~ga~st this dread d~e~e. I c~ed upon
Congrem to uppropriute ~n ~d~tion~l $100 raison to
such aa effort. ~ ~m ple~ed that in recent d~ys the ~pro-
pfiutions Co~itt~s ~ both the Senate and the ~ouse
Repr~ent,tives have ~vorably ~awed this requ~t ~nfl I ~m
hopeful that the Hous~which vot~ tofl~y~aad the Seuate
will both ~ollow the Committee r~end~tions.
F~ns ~D HO~ ~0~ C~v~
Across the ~'ation~ there is ~ growh~g consensus that our
vast. scientific and technological resourc~ should promptly
be marshaled in an unprecedented attack on this devalating
d~sease.
Th~ consensus springs both ~rom ~ear and ~rom ho~e.
Cunce~' is second only to heurt disease in the number of
lives ~t takes in this country. And the nutum o~ its rawges
makes it our most faured dise~. If the pr~ent incidence
cancer were to eont~ue, some 5~ million Americans who are
alive tod~y would contract this dise~e someday. This meuns
that cancer would strike one out of eve~ ~our individuals in
this eount~and two ou~ of eve~" three ~eric~n ~amilies.
St wmfld mean that in the next 10 ye~m alone~ ~ million
~medeans would ~e ~rom ~ncer. ~or many o~ i~ victims~
de~th is ~ slow and painf~ proem. ~d for m~ny of their
f~milies~ ~a p~soaM ~ragedy is ~mpo~ded by the tin,helM
~plieations o~ a prolonged ~sease.
T!55770015

14
At the same time~ however~ there is much reason for hope.
New vistas are now opening for further research into the
treatment and prevention of cancer~ the result of some re-
markable advances which have been made during the past 10
years as we have multiplied many times over our funda-
mental knowledge ~n this area. V.irus r~search~ for example,
has demonstrated that can~er can b~ proddced in animals by
over 110 o~ the nearly 1,000 viruses tha.t ~ci~nce has identified.
We have le.a.rned ~hat animal cancers can be induced by over
1,000 chemical substances. Effective measures for preventing
cancer have been developed in animals, aud scientists have
even demonstrated that human cancers can be prevented by
avoiding exposure to certain chemicals. Other advances in-
clude new surgical procedures, more effecti~-e radiation ther-
ap.v, and techniques for treating cancer with improved
combinations of known drugs.
All of tl~ese developments have fueled our hopes and pro-
v'idcd a broad frontier of possibilities for researchers in the
months and ~'ears ahead. This is ~vhv I was able to suggest
m my specml health message to the Congress m February"
that ~'of all our research endeavors, cancer research may no~r
be in the best position to benefit from a great infusion of
resources."
I~ORE MONEY AND BETTER ORGANIZATION
The time has now come for us to put our money where our
hopes are. In the first full budget developed by this adminis-
tration last year~ an increase of $20 million was provided for
cancer programs. For fiscal year 197'2, the administration re-
quest for cancer programs is slightly over $332 million--an
increase of $100 milhon from the 197"1 fiscal year. If these re-
sources are provided b~¢ the Congress, we should be able to
finance a new and massive assault on cancer. If it should turn
out that we need more money~ however~ I will not hesitate to
ask the Congress to provide whatever funds can be effectively
utilized. But I would also emphasize this important point:
More money alone will not be enough. Money can help set tile
stage for faster progress, but in the end it is brainpower alone
whmh can lead us to our goals. Tlfis means, of course~ that we
need to mobilize the intelligence and imagination of our doc-
tors and scientists. And it also means that we must do a better
job o~ tapping the Nation:s administrative and organizational
skills, which can help remove many roadblocks to success.
Our capacities for efficient management were instrumental in
our efforts to split the atom and travel to the moon. Now we
need to apply those same capacities to the conquest of cancer.
This means~ for one thing, that a wide variety of ressarch
activities in all parts of the ~ountry, in many areas of society,
and in a great number of disciplines must be carefully coordi-
nated. There must be as much cross-fertilization as possible
between various scientific pursuits.
TI55770016

15
In the past, the National Institutes of Health have had con-
siderable success in fostering such coordination and coopera-
tion and, in the processs they have earned both the respect of
the scientific community and the gratitude of thousands who
live happier and healthier lives-because of I~IH successes.
It is for this reason that I have asked the Congress to establish
a Cancer-Cure Program within the National Institutes of
Health~ where it can take the fullest advantage of other wide-
ranging research.
~t the same time, it is important that this program be iden-
tified as one of our highest priorities, and that its potential for
relieving human suffering~not be compromised by the famil-
iar dangers of bureaucracy and redtape. For this reason. I
am asking the Congress to give the Cancer-Cure Program In-
dependent budgetary statu~and to make its Director-respon-
sible directly to the President. This effort needs the full weight
and support of the Presidency to see to it that it moves toward
its goals as expeditiously as possible. I am furthea, recommend-.
ing that this ~irector be supported by a strong management
group ~,hich has as its one goal the cure of cancer, and which
can pursue tbatgoal with single-minded tenacity.
In additions I am recommending that a new Cancer-Cure
Advisory Committee be set up to provide a broad range of
advice and assistance for the President and for others who
lead the Cancer-Cure Program, particularly as they work to
set intelligent priorities for the Nation's efforts in this area.
I am pleased to report that the detailed management and
administrative mechanisms for carrying out these plans have
been discussed in considerable detail within the National
Institntes of Health, with experts in the field outside of
Government~ and in the Office of the Secretary of the De-
part~nent of Health, Education, and Welfare. As these plans
are translated into action~ I hope that the Congress will
comment on them and .suggest additional ways in which we
cau work toward these m.~uficant goals.
I would not want to d~scuss the subject o~ cancer researchs
however, without offering a word of caution. Many of the
experts that we consulted with told us that biomedical re-
search is a notoriously unpredictable enterprise. Instant
breakthroughs are ~ew and the path of progress is strewn
with unexpected obstacles. As we undertake this crusades we
must put on the armor o~ patience, ready to persist in our
efforts through a waiting period of unknown and possibly
anguishing di~ration.
Yet :[ feel confident that with such fundi~g as I have pro-
posed, with such organizations as we are de~ eloping, with the
dedicated efforts of thousands of men and women f~om many
disciplines, and with the cooperation of the Congress and the
people of the United States~ we can make great strides
against this terrible e~mmy, bringing new hope for all Ameri-
cans~nd indeed new hope for all the world.
Ti55770017

Labor -and Pdblie Weifars Cora~ttee on March 9 .and -10, 1971, and
o,1 Jtme "10,1971. Among .the-witnesses :presenting.testimony were
l~prs§en~dfives of the Department of Health, Education, and Wel-
fare (incl..'_~ding the Secretary, the Director of the National Institutes
of Health~'~ndthe Director of the Natinnal Cancer Institute) ; rep-
resen'tdtl/~es of the Panel of Consultants on the Conquest of Cancer;
representatives of the Association of American Medical Colleges, the
.kmerican Cancer Society, the American Heart Association, and the
l~edera~ion of American Societies for E~xl~erimental Biology; and
severdl prqminent members o~ the scientific community. In a-ddition,
the SubCommittee has included in the hearing record written state-
ments..submitted by several members of the scientific commmfity
and other~ ~vho are interested in cancer research.
Hear.iflgs focused on the opportunities for significant progress in
cancer r~earch and the need to develop appropriate organizational
and ~fidh~g arran~.ments for an accelerated cancer research effort.
For tlm.moSt ~art, discussion centered arotmd the question of how to
give cari6gr research the necessary prominence and indel~endence (in
~-erms of program management an~I budget presentation) while ~e-
raining thg necessary interplay between scientific disciplines hereto-
fore mad~ l~oa/ible by the organizational structure o~ the National
Institu[esof Health. Members of the scientific community expressed
particulai'ly deep concern about the possibility of fragmentation of
the l~ation's biomedical research.
III. COMMITTEE ¥IEWS
There i~ b~6ad agreement that cancer research has advanced to the
stags where a substantial increase in resources and effor~ could be
very productive. There seems to be a consensus among cancer research-
ors that they are within striking distance of achievingthe basis under-
standing 0~cancer cells which has eluded the mostbrilliant medical
minds i~ the world for all this time. Several significant breakthroughs
have occurred recently, and cancer researchers feel they are close to
others.
While it is true that such breakthroughs are often "serendipitous'~
and cam~ot be forced~ the Committee feels that a substantial lncrea.c.e
in resources~ along with increased organizational efficiency~ will shorten
the time necessary to achieve them.
The Cancer Panel has identified several broad areas which ~ arr,~nt
intensified exploration. For example:
1) ElMde~n~ological Research can identify extrinsic influences (such
as chemicals~ viruses~ and radiation) that ~nay play substantial roles
in determining the frequency of cancer. Different types of cancer are
known to occur with varying incidence in different geographic regions
and under varying circumstances of social~ economlc~ nutrifional~ and
occupational conditions. Epidemiological identification of intrinsic
conditions such as genetic prsdispositm~ n, immunological impairment:
TI5577001

17
hormonal effects, or metabolic differences may elucidate other factors
affecting the incidence of cancer which could be clinically controlled.
9) C,~e, mlcal Ca~inogenesis is a research area of prime importance
because of the variety and quantity of new compounds introduced
into the biosphere. I~reliminary efficient screening should be used to
eliminate or reduce this hazard. The ability to evoke n~oplastio change
in isolated tissue in culture should accelerate the r~earch in defining
hazardous compounds and the mechanism by which cancer is caused.
Further research is needed on :
a) The basic cellular and molecular mechanisms of action of
carcinogenic chemicals~ viruses, and radiations. There may be
several mechanisms (both genetic and epigenetic) for each class
of carcinogens.
b) The ~inds of i~teractions of viruses~ ~l~emlcals, and radia-
tions which result in the production o~ neoplasms in experimental
ani~nals and man.
c) The proportion o~ tmnors in man induced by viruses~ chem-
icals~ radiations, a'nd combinations o~ ~hese agents.
d) The prevention of chemically induced cancer in man by the
identification and removal of causative chemicals.
It is known that ia most circumstances, a compound is transformed
to a proximate carcinogen~ which is then directly involved in the
carcinogenic process. There appear to be common chemical character-
is.tics oi the proximate carcinogens and also common characteristics
o~ the cellular metabolites wi~h which they can react. Further research
is called ~or on how to interfere chemically with the nmh~bolism which
produces the proximate carcinogen or to inactivate it once it is formed.
3 ) l "h'ology. The recog~titioa that a variety of neoplastic diseases i~
domestic and wild animals are due to viruse~ makes ~t appear increas-
ingly probably that some types of human neoplasia are ~ue to viruses.
Although viruses have been found in human cancers, proof of thei,'
etiologi~ relationship is still incomplete. An expanded study of viruses
of cancer should include the mechanisms of a) how a virus initiates
cancer, b) how a virus may be carried in cells for long periods of time
with.ou.t exp.ressing its cancerous potential, c) how a natural defense
agamsv viral oncogenesis occurs, d) how a virus can sometimes cause
tamers and sometimes other, non-neoplastic diseases, e) how the
pt'esence of a virus can be detected bv characteristic and special
chemical reactions, and f) how the interactions between viral infection
a~ld chemical carci~mgens occur which sometimes can evoke tumors.
4) Tumor Antigens. The cha,'acterization, isolation. ~nd purification
of antigens from normal cells and from specific tumo~ cells are impor-
tant both to the understanding of differences in cellular chemistry in
the neoplastic state and to the development o~ tools for the study of
tolerance or rejection of tumom. Some o~ these antige,~s ma.{" be
identical with those fonnd in embryonic tissues; and some may be
specifically a~sociated with virus infection.
5) ~ellular Immune Mechanisms. ~,Iuch further work is needed on
the chemical, biochemical, and antigenic nature of cancer cell mem-
branes in comparison with those of normal cells, especially in terms
of the role of the membranes in coordinating cell activity with bodily
needs. Substantial evidence indicates that some, if not all, tumors
~. Rept. 92-247--.~,
Ti55770019

18
have surface antigens different from normal cells. These difference~
allow recognition and possible eradication of the tumor by cells of the
lymphoid or reticuloer~dothelial system of the host. This surveillance
mechanism is known to be influenced by genetic, hormonal, chemical,
and physical factors, and perhaps by many others. The characteristics
of production, distribution, and mechanism of action of the effector
cells that i~a~icipate in the defense against tumors are of great im-
portance. FaiIure of cellular mechanisms to eradicate emerging tumor
populations may be the final step before a tumor becomes established
and begins to grow and so is worthy ,o,f intensified study.
6) //r~rm~raZ I~{~ is conve5 ed through the a~ncy of one or
more of the five immunoglobulins and perhaps by ot~her proteins in
the plasma. Humoral effects on tumor cells span the .range from lethal-
ity to apparent protection of the cell by interfering with cellular
immuhe mechanisms. The inten'e]ation of the immunoglobulins with
other proteins, their relation to receptor sites on the cell, and their
influence on cellular immune mechanisms, urgently need clarification.
7) ImcnU~Ol~'oph~fla~i~ a~d Irncnuno~h~rapy have both been showu
to be effecti~e in experimental animals, and useful immunotherapy
has been repor~d in some children with acute leukemia. Specific
and nonspecific stimali may enhance immunologic response of the
host's own immunocompetent tissue, both in v4vo and in ~itro. Tech-
niques of using specific tumor antigen% additional immunocompetent
cells, and nonspecifie immunologic stimuli, are worthy of intensified
study. The timing of immunotherapy with respect to other procedures
needs clarification, but this form of treatment would appear to be
most useful after maximal reduction in tumor size by surgery: radia-
tion, or chemotherapy.
8) D4a~nosis. Precise and highly sensitive techniques of diagnosis
prior to the appearance of clinical symptoms or of large masses of
cancerous tissue are of major importance to advances in therapy. It
is suspected that many~ if not most, neoplasms secrete materials into
the blood which have remote effects on the patient and which are
not yet recognizable with tests available. Immunological assay meth-
ods have be~n successfully used to quantify tumor products in bio-
logical fluids. For example, chorionic gonadotropin indicates the
presence of trophoblastic neoplasia and its detection allows diagnosis
and appropriate therapy before a tumor mass is recognizable..k
carc~no-embryonic antigen appears in the blood of patients with
carcinoma of the bowel, and a sarcoma antigen in patients ~'ith
sarcomatous tumor growth. Continuing research to seek biochemical
and immunolo~cal means of detectifig cancers early deserves ex-
pansion. ~iutomated analytic tedhuiques with comparisons of results
against computer-banked data for the healthy population and for the
same indi~dual at an earlier date would pro',dde a more precise
method for early diagnosis.
9) ~be~no~rapy. Several'disseminate¢l human tumors have been
cured with drugs a_lone, giving ample testimony to the proposition that
selective toxicity does ekist and that a ]~otential for cure is present.
Effort must be extended to understand the interactian of drug, host,
tumor, oncogenic agent, and host defens~ mer~hanisms in this equ _ation.
Research on which drugs to give fo~ which tumors in what combina-
tions, and when in the course of the disease (before operation, after
Ti55770020

19
operation~ ~ith rad~otherapy~ a~r widespread metast~s~ eta) ar~
areas of great importance.
10) Tumor G~l~nvt~cs. Only a potion o~ tumor ce]~ are in an ac-
tNe ~w~ cycl~ at any one t~e, ~d ~e syn~ of c~tical ~ar
co~tituents is ~own ~ o~ur dur~g spedfic ph~ of that cycle. A
much d~per understan~ng of selective to,city dur~g ~ffe~t
ph~ of the cell cycle ~ needed ~ addition to ~ucidaGon o~ the nat-
ural death of ceils ~ the t~or, Gm ~raction of ~ ~ th~ t~or
w~ch c~n ~:eprodace~ and te~qhes o~ ~g ~Hs w~ch are not ~
the c[itical ph~ o~ synthesis.,Th~e typ~ of in~rma~on are re-
q~red particularly for slow gro~ ing spont~eous neopl~ms h~ experi-
m~tal animals and h~ man.
1~) ~a~e~. ~mor cel~ lodged at a distance from the
capi~ary or beyond the blood brain barEer may enjoy a pharma-
colo~c~l sanctua~ where ad~ua~ drug~ncentrations cannot reach
them to ~xert ~e~al e~dc~. Experiment~ and clinical r~earch of this
p~bl~m ~ r~uired.
12) New D~gs. Chemical synth~ of compo~ or polymers de-
si~ed to ~r~re with critical steps in cancer cell bi~is and
metabolism are ~portant. The specie targe~ and t~iqu~ o~ se-
lect~g the compounds ~or trial must be arriv~ at by che~ and
biolog~s~ ~ coordination, and th~e syn~etic programs m~t be
carrigd out in close prox~ty to biological ~sting~ ~ ~at rapid
back occurs. Empiric sc~en~g of natural produc~ particulaEy pl~t
extrac~ and antibio~ ~n~nu~ to pro~de compoun~ o~ major
clinical use~e~. Nearly a dozen substanc~ of bot~ical and mic~o-
biolo~cal ori~ are now in clinical use and have demonstrated thera-
peutic benefi~ against c~c~r. The pro~ams o~ seth for bota~cal
and antibiotic dru~ agai~t cancer shoed be extsnd~ together ~th
relevant biolo~icaYscreening in close prox~ity. ~Iuch additional
search is also ~eded on:
(a) Metabolic or en~atic differences between normal and
malignant ~l]s~ which might lead to new drug desi~.
b) Sopldsticated testing of compo~ds~ partic~arly antibioti~
aga~t various important biosynthetic enzymes. D~ wMch
may affect enzymes tmique to oncogenic vir~ hold panic,at
promise for neoplasms found to be ~ed by ~ruses.
c) Pharmacolo~ and metabolic d]spositio~ o~ ~own ~tive
compo~ ~ h~an cancer patient.
. d) Developm~t of ~o~-i~bit~g compo~ ~at are
~mm~osuppr~ve.
e) S~th~is and structum-ac~d~ an~ys~ o~ series o~ com-
ponds ~at inhibit key enzyme, wi~ the ~ o~ ~scowring
species or tissue ~ffer~c~ ~ a~iti~ for ~e dru~.
f) Attemp~ to lay ~e gro~dwork for ~e development of new
classes o~ d~ that would affect proce~es of mali~ancy o~er
than ~ow~, such as inv~ion and met~s.
g) Elu~dation o~ the m~s~ whereby certain d~ ~
tentiate the lethal effec~ o~ heat on tumor ~l~.
h) A~p~ to ~d new and ~ve dru~ ~ pr~u~ a radio-
~zafion o~ ~om.
Pred~ T~g o~ D~g~ ~fore h~an u~ is of ma~or value and
m~ be e~nded. The op~mal d~e~ ~ute~ schedule and con~tions
TI55770021

2O
administration ,nay be learned from experimental animals in addition
to the toxicities and side effects which may develop. ~hat is more.
development of methods by which a drug c~n be tested in the labora-"
tory. for its effectiveness on the patient'~s own tumor prior to its clinical
use is an area where important advance can be made.
Glinical I~vest~gatio~s in chemotherapy provide an essential link in
cancer research, since the ultimate goal is prevention and relief of the
dise,,~e in man. Cooperative group studies bring earlier results of
higher precision and validity because of the positive intellectual input
of several investigators in planning the research.
13) Radiotherapy. Use of new radiation sources may allow avoid-
ance of the problems of anoxia in tumor tissues and so substantially
improve radiotherapeutic results. Another area of gre~t importance
is the continued and expanded study of the effects chemotherapeutic
agents in combination with radiotherapy whe~ the optimal choice of
drug, schedule, dose, and radiation regimen needs wide investigation.
14) Surgical Imp~'ove~ne,nts can be made which should substantially
increase cure rates. These involve the early use of surgery as ~, prever~-
tion of the development of invasive and m~t~tatic cancer by removing
precance3'ous tissues. In addition, the combition of radiation and
surgery m the eradication of established neoplasms is subjec~ to major
improvement by appropriate design, precise scheduling, and the use of
drugs, to take advantage of the small residual tumor populations after
the initial ma~or reductions. Organ trausplantation should be de-
velo!~ed as an aid to the extension of curative surgery.
15) Fundamental Biologleal S~.~dles are of the ~reatest importance
in disclosing illformation about the causes of cancer and strategy for
its cure and prevention. Molecular biology can eludicate DN2k muta-
tions. A change in Dh'A structure as a random event or as a response
to an environmental trauma may lead to cellular death, or, if the
injury is compatible with cellular survival, a nmtation. Following such
u mutation, a series of descendants lnay ~.ppear whose change ~n the
DN2k, if unrepaired, may be heritable and could be the cause of neo-
plastic transformation. In t~e coume of normal growth and matura-
tion, this change in DNA ~ ould be reflected in the composition of
I~NA, wlfich in part provides messages sl3ecifvin~ t3articular orotein
syntheses which determine the cha~-acte~ of ~he~c~ll's enzyn~es and
thus its whole metabolic machinery. Mutations and derangements in
the repression and derepression of genetic material are suscel~tible of
study by a wide range of experimental systems. These studies must
be pursued in ~reat detail because of their relevance to cancer. Further
-~'ork is needea in the area of biochemistry to support both the search
for preventive and therapeutic measures:
a) Further documeutation of biochemical diversity iu cell com-
ponents and in responses to control factors is necessary to depict
the true magnitude of the cancer problem and perhaps to sort
cut the threads of unity which must exist.
b) Examimxtion of'tumo~ in terms of ~ozym~ is particularly
important because, if two different enzymes can catalyze the same
~action but possess different three-dimensional structures, they
may respond differently to chemotherapeutic agents~ and the ~o
formation may suggest new modes o~[ chemot~herapy. Isozyme

21
research is also important because it is relevant to the understand-
ing of ~ene regulation in differentiation, in- tra~sformation of
normal Tells to ~ancer cells~ apd in'the {inderstanding of the rela-
tion of the two processes ..... : . ." . •
16) The Nature of Cell ~urfac~ isiml~recisel~ known. I~ chemical
and phssical composition~ its media~ioa~ of the ccll:s antigenic identit.y~
its functiou in nutrition and in drug i~take, are poorly understood.
The mechanism by .which the su~-f~ce at~ect~ the cont~'ol of a cell's
mobility and the rold 5f how this is distorted to allow the characier-
istic invasion and metastasis of cancer is not understbod and merits
continuing research. " " . ; ' •
17) Bio~ogiea? Orgmdzatio~. Inter~ellula.r communication ia. a
multiceltular animal is an ,o,.bvious reality. The right number of par-
ticular types of cells of ~i~ en architect~ral relationships accumtdate
to make up our characteristic normal organs. A~nong the most typical
features of cancers is a loss of normal architectural arrangeme~t sug-
gesting a major alteration in intercellular commtmle~tion. Mediators
~]f this intercell~llar commuuication must be sought. Tumors evoke a
new blood suppl-~" and a chemical complex responsible for this activity.
k~mwn as the a]agiogenesis factor, has recently been isolated and "is
worthy of major additional exploration. More research is needed on:
a) The development of assay systems for sensing and measur-
in~ the ~rowth-re~ulatin~ che~aicals which operate between dif-
ferent cells m speeffic growth s~tuatmns and neoplastic cond~tmn..
b) The isolation a.nd characterization of the active principles.
e) The synthesis of precursors, analogs, aud antagonists of
those important intercelhflar remdators.
d) The elucidation of tlm ceil cycles mad the manner in which
ne~: agents and ~nalogs modify 'steps in the cell's replicatiou
cycle.
• e) ~h,,,c use of cell biological and.~euetic methods ~or modifying
the ct~ll:s response to the'action of such controlling
~) the mechanisms of action of known hormones and nutrient.s
in the control of cell replication aaad differentiation.
~) The application of this kamwledge in the effective st,~ging
of celts for more efficient use of existing chemotherapeutic a~.ents.
lu addition to opening new avennes to cancer therapy, the knowledge
derived from ,t.hese approaches to the biology of growth control has
the extra advantage of being wide|v app]qcab]e to other growth
dyscrasias such as vascular and kidne.~" disease, nerve regeneratiou or
re~lacement, immune defects, and aging.
It should hot be necessary to cite 6ancer statistics in order to justify
the additional dollal~ and effort. Moreover, statistics could not begin
to reflect the ma~Iitude of ,w,,.hat this disease has cost, in terms of hu-
man suffering and economic ~ aste, over the centuries.
It is equally important tha~ this legislation not give rise to unrealis-
tic expeetions of quick results. This has been emphasized b~" the Presi-
dent~ the Cancer Panel, and members of the scientific community who
have appeared before the Committee. Cancer is in reality many dif-
ferent diseases, none of which is yet well understood : and there ~re
lmavoidable time lags between research developments and their appli-
cation. :Dr. Marston, Director of the National Institutes of Health, tes-
tiffed that even if researche~ now had a vaccine 100---effective against
T!55770023

22
breast cancer, it could take 20 to 80 ~years to demonstrate it was in
~act effective. There is simply no basis for predicting with any cer-
~inty when: or even.if, the necessary breakthrough will come. It can
be._s~rted with certainty, however, that increased effort and resources
,w~ll .~mcrease the ehan~_es o~ achie_ _ring those breakthroughs, and this
legislation is based on that proposition.
B. ORO~.N'IZA~ION'~v. 8'I'RUGTURA.~
T.h.e Committee ~liev~ that effective ~plementa~on of a sub-
stant~Mly mo~d effo~ agai~ ~ncer ~H req~ stren~he~g of
p~t orgamzat~on~ arr~gemen~ ~t~n the~a~onal ~itu~ of
Health. The qu~tion h~ b~n how to do that and at the same
~ pr~rve the critically impo~ant relatio~p ~tween c~cer re-
search and b~io biome~cal r~earch whi~ ex~ ~ the Na-
tional ~stitut~ of HealS. The Co~ttee~ ~ we~ ~ each ~ ~e
wi~ who ~tified before it~ reco~z~ ~e ~po~ance of that
relatio~hip. The r~ord is clear that ~ ~ one r~rch area~
particularly at the b~ic level~en si~ficant appfications ~ other
disease are~. The Co~itt~ a~o r~o~iz~ that only thro~h the
excellent effor~ of the National Cancer ~titute and the National
stitutes o~ HeMth in ma~taining that relatio~p has cancer re-
s~rch been able ~ reach the thr~hold where the ~d of ~te~ified
effort ~e now co~idering is even legible. The Oo~t~ strongly
feels that this excellence shoed be su~ed. No ~ation can challenge
the preeminence o~ the U~ted Sta~ in biome~l r~rch. Clearly.
the ~agional ~titut~ o~ Heal~ and i~ gran~ ~titutio~ and indi:
vidua~ are pr~cipally r~po~ible ~or th~ ~qu~tioned preem~ence.
The Cancer Panel str~ed ~r~ basic elemen~ it thought ~ be es-
sential to an optimum caner effo~:
1. Effective admi~stration~dependenc~ in management~ plan-
n~g~ budget pr~en~tion~ and ~met of pro~with clearly
de~ed authority and r~po~ibility.
2. Development o~ a comprehe~ive national plan for a coherent
and systematic att~k on cancer.
3. ~dequate ~ancial r~ourc~.
In order to achieve thee objectives, the Panel r~ommended crea-
tion of a "National Cancer &uthor~ty ~ whmh would be an independent
agency separate ~rom the National In~itut~ o~ Health.
~[emb~rs o~ the scientific community who appeared before the Com-
mit~ expr~ed d~p concern ~at such an agency would do irrepa-
rable violenco to ~ relatio~hip between cancer ~amh and other
biomedical research, and would ~timately lead to fra~entation o~
tho overall biomedical r~arch effort.
The Committee agrees that to complete~" separate the cancer
search effor[ ~rom the National Institutes of H~lth could endanger
the overall biomedical rematch effort. The Committee feels~ however.
that S. 1828, ~ reported, will meet the objectiv~ o~ the Cancer Pane]~
while p~serving the integrity of biomedical r~arch by keeping the
incma~d cancer ~earch ~rogram within the framework of the
tional Institutes of IIealth. ~e Chairman of ~e Cancer Panel t~i-
fi~ to that effect.
Ti55770024

23
]~.A~AGEM-ENT
The ~broad authority given the Director of the Cancer Conquest
.~_genc~ will provide the independence in management, planning,
bud~e~ presentation, and assessment of progress necessary for effective
administration of the new cancer program..The fact that the Director
will report directly to the President ~ill insure the Agency a priority
commensurate with its responsibility of marshalling a ~total national
commitment;' against cancer. ' " ' •
The Committee is cognizant of the extreme difficulty in mounting
a program of the size and scope of that here en~sioned~ and doubts
that it could be accomplished within present ~rrangements for the
h-~tional Cancer Ins~itute~ although that Institute has been ve~T effec-
tive in utilizing the resources allocated to it. The Director of such a
program must have ~ecsss to the highest levels of government for the
necessary support and resources, and be able to req~ues~ what he needs
without competition from other research or health programs. How-
erer, the success of such program is heavily dependent on the whole
field of biomedical research, and coordination with the ongoing re-
search in the h'ational Institutes of Health is absolutely necessaO'.
S. 1828~ as originally introduced~ provided that the Director would
serve under the direction of the Secretary of Health, Education, and
~relfare with respect to such functions as the President might pre-
scribe. This provision was not included in the bill as reported~ because
under existing l~w--3 U.S.C., Sec. 301~he President has broad dele-
un~ional authority. The Committee ~derstan~ however~ that since
~lm Presiden~ has ~a~d he will a~ume personal co--and of ~h6 pro-
gram~ and that he w~ the Directbr to be personally aeco~table
to him~ he does not intend to make broad use of this authority.
BUDG~.T
The Director of the Cancer Conquest Agency will prepare and sub-
mit its annual budget directly to the President. The new Agency must
clearly have access to the ~mds and resources necessary to accom-
plish ~its mission in the shortest possible time. The President has al-
ready announced his intention to ask for whatever funds can be effec-
tively used.
I(is therefore the Committee's intent that the Director be treated
under the Budget and Accounting Act of 1921 as a head of a depart-
ment or establishment of Govermnent. The Office of Mana6ement and
Budget should We technical budget ~ddelines directly to the Agency.
and the .4~gency will formulate its budget and submit it directly to thi
O~[B for the President's approval. Subject only to limitations im-
posed by the President and the Congress~ the Director will have full
authori6v to reallocate funds among program activities within his
overall 6ud~et. This flexibility is necessary if the Agency is to be able
to respond ~romptly to changing priorities or unanticipated research
opportunities. For ~hat reason~ the Committee reject~l an amendment
ot~erext by Senator Nelson which would have rexluired the Cancer Con-
quest Agency bud~et to go to the Director of the ~ational Institutes
of Health for revmw and evaluation before going to the President.
T!55770025

It is, however~ expected that plans and budgets will be developed in
close coordination with the .N~ational Ihstitutes of Health. The Ditxc-
tot of the .Cancer Con.quest Agency should have an oppol~unity to
.~:ewiew and.comment on the plans and budget of the National Insti-
tutes of Health that are in any way l~lated to cancer research. The
Director of the. National Institutes of Health should have an oppor-
t,m)_ity to review and comment on the plans and budget.s of the Cancer
Conquest Age~lcy. "
In this regard, the C6nunittee iatet~ds that the Director of the Can-
cer Conquest &gency will make a copy of the ,kgen,~y's annual budget
and program plan available to the Director of the National Institutes
of Health not later than the time of its submission to thg President.
This will give the Director of the ~N'ational Institute~ of Health ~,n
opportunity to submit his conunents to the President, without in, t, ex'-
fering wih the Cancer Conquest Agency's budget independence, the
Committee believes that such reviews and commemts~ particularly in
develop~nent phases, will facilitate progress in both cancer research
and inbiomedical research generally.
(~O:M:~tU~'ICATIONS A~'O I~EER
To insure that the cancer research program remains an integral par[
of the overall biomedical research effort~ the bill authorizes the Direc-
tor of the Cancer Conquest Agency to "take l~ecessary action together
wid~ the Director of the National Institutes of Health so that all chan-
nels ~or the dissemination and cross-fertilization of scientific knowl-
edge and information existing prior to the effective date of this Act
between the ~National Cancer Institute mtd the other Institutes of
Health shall be maintained between the Agency an.d, the Institutes
Health to insure free communication between cancer and the other
sci,e,ntific~ medical~ and biomedical disciplines.::
~Io this same end, the bill also requires the Director to "by regula-
timh provide for proper scientific review of all research grants and
programs over which he has authority (A) ~" utilizing, to the maxi-
nmm extent possible~ appropriate peer r~view groups ~:ithin the
tional, Institutes of Health, and (B) when appropriate, bv establish-
ing~ ~ith the appro~,a.1 of the National Coamer Advisory" I~oard: other
formal peer review groups as may be required.::
The Committee ho.p.es that. the existin, g,p eer review, s ~'stem so hi~hl.~._._
regarded by the scmn[Ific commumty wlllbe continued. The Commit-
tee feels~ however~ that the e~xtraordinary demands placed o~I this new
ca, ncer px~gram may require the creation of new mechanisms of peer
review. The bill therefore authorizes the Director to establi~i, with
the approval of the Cancer Ad~'isory Board~ other formal peer review
~,roups as may be required. When such need begins to develop~ the
Com~nittee expects consultation to take place with the ,N'ational Insti-
tutes of Health to determine whether the existing system can accom-
modate the new needs and only on the determination by the Director
of the Cancer Conquest Agen;.y that such accommodation canno~ be
~xtisfactorily made should a new system be l~commended. The Com-
mittee intends that, if such other droups are established, the same
tention to fairness and quality, which are fiindamental to the current
system~ be continued.
TI55770026

25
In large measure~ the evolution of a scientific system of peer review
has assured the quality and scientific merit of the research which the
National Institutes of Health has sponsored. Since the inception of
the National Institutes of Health~ the peer review process has been
an essential elemen~ in its equation of excellence. That process has
been successful because it hasbeen appropriately modified as the scope
of the National Institutes of Health has increased. The Committee
expects that the objectivity, impartiality~ and vigilance of outside peer
review that has been characteristic of the National Instiues of Healh
over the past 34 years will ,~lso characterize the activities o~ the Con-
quest of Cancer Agency.
£-N~ATIONAL CA~-GER .A.DVISORY BOAnD
The National Cancer Advisory Board ~vil] be composed of the Di-
rector of the National Institutes'of Health and eighteen members ap-
pointed by the President, by and with the advice and consent of the
Senate. N~) more than twelve, of the appointed Board members shall be
sr]eutists or physicians, and no more than eight shall be members of
the ~eneral public. The Columittee felt that the National Cancer
viso~v Board would be required to make decisions and recommenda-
tions~t.hat are largely scientific in nature, and therefore it should con-
rain a predomin~c~o~ scientific and medical personnel, wl~ile at. the
same time. having the laymen public point o~ view represented.
The. Se~reta~w of Health, Education, und Welfare, the Director of
the Cancer Con~luest Agenc.v, and the Director of the Office of Science
~tnd Technology will be ex ~fficio members of the Board. The Commit-
tee understand~ that all members of the Board may participate ~ullv
in discussions, hearings, voting, etc., and that there will be no distinC-
tions made in such a~tivities between appointed and other members.
The Committee views the Board as an effective mechanism through
which communications between the Cancer Conquest Agency and the
~'ational Institutes of Health can be further maintained.
C. OTHER DISEASrS
The Committee~ in recommending this far-reaching program for the
Conquest of Cancer~ has not attempted to reach any conclusions with
respect to the applicability of its approach to o~her dise~. The
Committee has had no opportunity to consider that question. No hear-
lug ~corfl or legislative record ~;ith regard to an~" other diseas~ has
vet been m~de. This unique approach we are no~ recommending for
~ancer amounts, at tbls point, to an empirical proposition. Prudence
~quit~s that there be an adequate opportunity for a~emm¢nt of this
program before considering whether to extend its approach to other
critically important diseases.
IV. TABULATION OF VOTES CAST IN CO~ITTEE
Pub,ant to section 138 (b) of the Legislative Reorganization Act
of 1~4~. as amended, the ~ollowing ~ ~ tabulation of votes in
Cosine:
~[ot~on by ~Ir. Nelson to ~uir~ the Cancer Conquest A~ncv
bud~t to g~ to the Director of the National I~titutes of }Iealth f~r
S. Rept. g2-24T~
TI55770027

26
review and evaluation before goin~ to the President. Rejected: 5 yeas;
12 nays.
Mr. Nelson ~ . ~r. Williams
Mr. Cranston .-~r. Randolph
Mr. Hughes ~,- "Mr. Pell
Mr. Stevenson ~ir. Ke~uedy
Mr. Beall Ivlr. Mondale
Mr. Eagleton
~Ir. Javits
]~r. Prouty
~[r. Dominick
.~[r. Schwicker
~Ir. Packwood
~£r. Talc
Motion to report the measure to the Senate carried unanimously.
V. COST ESTIMATES PURSUANT TO SEE. 252 OF THE
LEGISLATIVE REORGANIZATION ACT OF 1970
For the fiscal year ending June 30, 197"2, the~ommittee estimates
(the Department of Health, Education, and ~elfare concurs) that
the minimum budget authority required under the bill will be
$832,234,000. This estimate was obtained by adding to the President's
Budget request ~or fiscal year 1972 the $100,000~000 budget au.~thority
for the National Cancer Institute contained in the Second supple-
mental Appropriations Act, of 1971~ for obligation in fiscal years 1972
and 1973. (It is the Conmmittee"s understanding that virtually all o~
that $100,000,000 would be obligated in fiscal year 1972 under the bill.)
In complance wit~ section 251{a) (1) (C) of the Legislative Reor-
ganization Act o~ 19 ~0, th.e following statement is presented as to why
estimates and comparisons for subsequent fiscal years are
impracticable:
The bill would establish an organization focused on the execution
of a task whose d~mensions are, at present, largely unku~own. Budget
authority required in years subsequent to fiscalyear 1972 will depend,
in the first instance, upon cost estimates to be developed by the Con-
quest of Cancer Agency during fiscal year 1972 as a part of its prepa-
ration, in that year~, of a comprehensive plan for the new initiative.
Even after the development of such plan, however, budget projec-
tions may be subject to wide fluctuations depending upon the Agency's
progress to,yard the goal it has been established to accomplish.
In this regard, the Committee notes that the President has stated
that he will ask for whatever additional ~umds can be effectively used
to find a cure for cancer.
The Panel of Consultants on the Conc~uest o~ Cancer estimated that
its recommended program "would reqmre an appropriation in fiscal
1972 of approximately $400 million," increasing thereafter "at the rate
of approximately $100 to $150 million per year, reaching a level of $800
million to $1 billion in 1976."
Ti557700

SECTION-BY-SECTION ANALYSIS-
~ ~.--Ameads T~tl~ IV 0"~ "the Public Heal~h S~c~ Act to
~clude ~e ~oHow~ new sec~io~: •
that c~n~r ~ ~creashg ~nd ~s o~ m~jor concern, ~t ~tta~t o~
better methods of ~revention, diagnosis, ~nd treatment~ deserves ~e
higher priority, thut sdentffic adv~nc~ o~er opportunity for con-
ducting ~ m~jor progrum for the ~nquest of cancer, and ~at the pur-
pose is to establish ~ Conquest of C~r ~ency ~ an independent
agency wit~ the NaGonal ~titu~s of Health.
Ne~ ~vt~n ~TB.~Conqu~t o~ Cuncer Ag~cy.~Provides for es-
tablishm~t of an independent Conquest of C~ncer Agency within the
N~tion~l ~stitutes of ~lth.
N~w ~ee$~n $07~.~Appointment of Director~ Deputy Dhmctor~
~nd A~sist~nt Di~tors.~Pro~des for Pr~id~Gal ~ppo~ntment, b~
and with the ~d~ce and consent of the Senate, of a Director an~
Deputy Director, and for the Direc~r to appo~t not to exceed five
A~is~nt Directors.
zVew Sve~n .$07D.--Fuacdoa of the Agency~Assigns to the
A~ncy • broad r~nge of functions ~nd authoriti~ considered neces-
sary to ~ccomplish the conquest of cancer. Specifically, this section
~vould require the Director to:
1. Carry out all research acti~ties previously conducted by
the N~tional Cuncer Institute, ~s well us uddition~l activities re-
quired for ~ exp~nded, intended, and c~r~nated cancer re-
search program, and a~nister authoriti~ previously vested in
the Secret~ry under the Public ~e~lth Serw~ Act with respect
to cancer.
~. The Agency ~s directed to expenditiouslv utilize existin~
resource% explore ~e greater use of new r~our~es such as'iudus~
tri~l concerns, and, in general, employ the s~ls of any individual
or group capable of ma~g a contMbutions to the conquest of
cancer. This ~u~horky w~ul~ al~ include suppo~ of meritorious
forei~ research~wHerew er it is conducted.
3. Strengthen e~ing c~ncer reseurch cen~rs and establish
new centers as needed.
4. Collect, analyze, and dis~m~ate all dat~ u~l in the pre-
vention, dia~osis, ~nd treatm~t of cancer.
~. Suppo~ appropriute manpower tr~ing programs.
6. ~re~re and submit ~a annual budget ~ate dh'ecfly to
the Premdent for transmittal to ~e Congr~s and receive directly
from the President and the Offi~ of Mana~ment ~nd Budget the
funds approp~te~ by ~e Congr~s for ~e A~n~.
Ne~v ~ect~ $~E.~kdministr~tive ~ro~sions.--Authorizes the
Dir~tor ~ ~ke uctions ne~a~ to mana~ u pro~m o~ the scope
and status enM~oned for ~e C~ucer Conquest ~encv~n '~nde-
pendent ~ncy within the.~." ~e Director is ~ve~ ~cific au-
thority to do ~e fo]lo~g th~.
1. Appo~t • l~ited n~ber of ~nior ~ff without re~ to
Ci~l Service re~lations, and appoint ce~ain ~ecifically quali-
Ti55770029

fled persons at two grades above the entrance level normally
authorized by Civil Service r~gulagions.
2. Co~struct or acquire fac~itie~.
~. Issue rules and regulations.
4. Utilize the resouress of other agencies.
5. Coordinate cancer research with the other research programs
of the NIH.
6. Provide ~or appropriate peer review of research grants and
programs.
New ~ee~on ]+07F.--Reports.--l~equires the Agency Director to
sabmit to the President for transmittal to the Congress an annua!
l'eDOl't on the activities of the Agency durin~ the preceding year.
~V~w Section $07G.--bTational Can~er AdVisory Board.--F~stablishes
a National Cancer Advisory Board composed of the Director of h~IH
and eighteen members app'ointed bv the President. by and with the
ad~-ice and consent of the Senate. No'more than twelve ~f the appointed
Board members shall be scientists or physiciaus and no more than
eight shall be members of the general public. Ex officio members in-
clnde ~he Secretary, the Director of the COll~ltteSt Of ('ancer A~ency,
and the IIircctor ~I~ the Office of Science and Teclmolo~-. The Chair-
man will be desi~ated from the appointed members by ~he President.
This section al~ establishes administrative procedures to be fol-
lowed by the Board. empowers it to hold hearings and evaluate and
make re:commendations on the Agency's program plan and budget.
directs it to make an annual report to the Congress on the .k~encv's
progre~ toward its objectiv~ and charges it ~ith the respons'ibil~tv
of insurinz that the Agency Director mah~tai~s scientific peer review'.
lhe Board will supersede the existing ~atmnal Advisory Cancer
(ouncfl. lake ov~ r ~ts functmns, and mcluch, m ~ts membership the
present council members ~or the duration of their terms, or if the
President so determines, their terms may be shortened or terminated.
.Vew S~ct~on ~07 H. Definitions.~F~r the purposes of the Public
H¢,alth Serrice Act [his section defines:
1. "Director" 5. "Construction"
"Agency" 6. "Function" and
3. "Board" 7. "Federal Agency"
"~, ~C~tll('er centeL.'~
~'~w Section ~08.~Authorization of Appropriations.~uthoriz~
~sllch SILl}IS as nlav be nec~ary" to carry out the programs, functions.
or activities of th~ Conquer of Caner Agency. "
,~'ecgon 3~Provid~ for compensation for the Director of the, Con-
quest of Cancer Agency at Level IV of the Executive Schedule. and
the 1)c~tv Director of the Agency at ~vel V by amending Title 5 of
the U. ~. ~'ode. " "
q •
, ectwn .i.--Amends the headin~ of ~tle IV o~ the Public Health
Service Act and Part & ther~f to ~clude the ~nqu~t of Cancer
Agency with the "Natiomfl Research Institutes" and "Natioaal Cancer
Instit~te."
Section. &~Iakes the ~'a{ional Can~ Institute part of the Con-
quit of Cancer A~ncy and anthorizes the Conqu~ of Cancer
.~g~ncs? rather ~h~n ~m ~c~taD- of H~;2V. to carry out the purposes
of ~ectmn :]01 of the Fubhc Health Service .kct with ~p~t to c~cer.
Ti55770030

29
~ihis section would also give certain administrative authority pres-
ently exet'cised by the Secretary to the Conquest of Cancer A,~gency.
£'eetio~ 6.--Merges the ~nctions of file National Advisory wancer
('ouncil with t)e National Cancer Advisory Board by amending the
Public Health ~ervice Act h~ the appropriate sections.
,. ectzon ,-.--Provides that the ~kct take etfect mxty dgys after ~ts
date of enactment or on a prior date if the President should so pre-
scribe ~znd publish in the ]~'ederal Register. This section would also
provide- that any officers appointed e~ter date of enactment shall be
compensated from the date they first take office from funds available
from functions to be transferred to the Agency.
Ti55770031

CHANGES IN EXISTING LAW
In compliance with subsection 4 of rule XXIX of the Standing
Rules of the Senate, changes in'existing law made by the bill are
shown as follows (existing law pro~ose.d to be omitted is enclosed in
black brackets, new matter i§ printed in italic, existing law in which
no change is proposed is shown in roman) :
PUBLIC I~A/~TII SERVICE ICT
TITLE IV--GONQUE~gT OF GANGER AGENGY; NITIONAL
RESE/kRCH INSTITUTES
N~TION~L ~A~G~2 INSTITUTE
SE~. 401. The National Cancer ~itute sh~l[ be a [division in the
Xat~on~l lnstitut~ of ~lth] par~ of ~ Co~e8~ of ~a~ee~
CANCER P~SEARC~-r~ AND SO ~ORTH
~'S~.c. 402. In carrying out the purposes of section .301 with respect
to cancer~ the Surgeon General~ through the National Cancer In~i-
~ute and in cooperation with the National Cancer Ad~so~ Co~cil~
shaH~] "
~c. ~ In ca~ gln ~ ~hs p ~ur oses of.section301 ~h.
to ca~er~ ~he @o~st of ~a~er Agency ~ vo~ulSa~o~ wi~h
(a) conduct~ a~ist, and ~oster r~earches, ~v~tigation% ex-
perimen~ and studi~ relating to t~e onus% prevention~ and
methods of diagnosis and treatment o~ cancer;
(b) promote the coordination o~ ~earch~ conducted by the
Institute and similar ~esearoh~ ~ndueted by other agenci~, or-
ganization% and individuals;
(c) provide train~g and instruction in tec~ical maters re-
la~g to the ~agnosis and t~m~t o£ cancer;
(d~ provide f~lowships ~ the Institute ~rom ~unds appropri-
at6d or donated for such purpose;
(e) secure for ~e ~itu~ co~ultaG~ ser~ and advi~ of
cancer exper~ ~rom the ~ S~a~ and abroad;
(~) ~operate ~th State heath agenci~ in.the'prevention,
~ntrol, and era~tion o~ ~ancer; "
(g) procu~, use, and lend ra~ ~ pro~d~ ~ s~ion 403.
T155770032

32
Szc. 403. (a) I~t carrying out the pro~sions of [section 40~]
J~2 a~ ~ct~ ~TD, ~i appropriate provisions o~ s~on 301 sh~ll
be ~pplicsble to the authority o~ the ~Surgeon General] Uo~
5~a~cer Agency~ ~d ~e] the agency is authorized~
(1) to purch~e ra~um, ~rom time to time without regard to
s~tion 3709 o~ the Revised Statntes, [o make such radium avail-
able ~or the purpos~ o~ this p~rt, both to the Service and by loan
~ o~er agenci~ ~nd i~titutions for such consideration aad sub-
j~t to such ~ditions ~ ~e] t~ agency may prescribe;
(2) ~ provide ~e nec~a~ facilities where training and in-
struction may be given in all tec~ical mattem relat~g to diag-
nosis and treatment of cancer to pemons found by the [Surgeon
G~ral] O~s~ of ~a~ver Agency to have proper technical
qualifications, and d~ignated by [him] the age~ ~or such train-
ing or instruction, und to fix and pay them ~ per diem allowance
du~ng s~ch training or instruction ~ not to exceed $10.
(b) 'Ihe [Surgeon General] Co~uest of Ca~wer Agen~ shall rec-
ommend acceptance of conditional gihs pu~'suant to section 501 of this
Act, ~or study, investigation, or research into the caust:, prevention.
and methods b~ diagnosis and treatment of tauter, or ~or the acqnisi:
tion of grounds or for the erection, equipmeut, or maintenance of
l)remises, buildings, or equipment of the [Institute] Age~wy or I~stl-
~tte. ouly after consultations with the [Natiounl Cancer Ad~'isorv
Couucil] .Vat]omzl C~neer Adcisory Bom'd. Donations of $50.0[)0 gt"
over in aid o~ research under this part may be ac~mavledged by the
establishment within the [Institute] Age~y o~' Inst;htte o~ suitable
memorials to the donors.
(c) In carrying out the purposes of [section 402] section ~02
~ection J07D." gr~nts-in-aid ~or caucec projects slmR be made only
a~ter review hnd recommendation of the [National Cancer _(dvisotrv
Council] National Cance~~ Advisory Board made pursuant to seC-
tion 404.
St:c. 4~. [The council is authorized] The National Cancer Ad-
,'isory Board is au.thor~zed--
(a) to review reseurch projects or programs submitted to or
initiated by it relating to the study of the cause, prevention, or
methods o~ dia~osis and t~atment of cancer, ~md certify
I)roval to the [Surgeon General] Co~ff~test of Cancer
~or prosecution under [section 402] section ~OZ or section $07D,
of any such pro~ects which it believes show promise of making
vahmb]e contributions to human ~mwledg~ with respect to the
cause, p~vention, or methods o~ diagnos~s and treatment of
cancer;
(~) to cM]ect information as to stua]es which ~re being
on m the United Sta~ or any other ~untry ~ to the
prevention, and methods of dia~osis and treatment of cancer.
by cor~ondence or by pe~nal investigation o~ such studies.
and with the appx~val of the [Sur~on General] ~tq~st of
Cancvr Agen~ make available such info~ation thmt]gh the
TI557700~

33
appl~priate publications for the benefit of health ~gencies and
organizations (public or private), physicians, or any other scien-
tists, and for the information o~ the genes:a] public;
(c) to review applications from any umversity, hospital laUra-
tory, or other h~st~tution whether public or private, or from ind,-
visuals, ~or grants-in-aid for research projects relating to ca~cer~
and certi~" to the [Surgeon General] ~o,gues~ o] Ca~e~" Age~(
its approval of grants-in-aid in the cases of such projects which
show promise of ~nnking vahmble contribntions to human knowl-
edge with respect to the cause, prevention, or methods of diag-
nosis or treatme~t of cancer;
(d) to recommend to the [~urgeon Genera]] Conffue.¢t of
eel. Age~wy ~or acceptance conditiom~] gifts pursuant to ~ectio~t
501 of this Act; and
(e) to make recomn~endations to the [Surgeon General]
ffye,t of Ca~ce," Agen(T with respect to ca~ying out the provi-
sions o~ this part.
AI'PROPRIATIONS
S~:c. 405. Approj)riations to carry out the purposes of this title ~haIl
be available for tim acqnisition of land or the erection of buildi~s,
on|v if so specified, but in the absence of express limitatio~ theregt~
ma~" be expended in the District of Cohunbia for personal services,
stenographic recording and translating services, by cow,tract if deemed
~ecessury, without regard to section 3709 of the :Revised Statntes:
( ~rryin~,vehiclcs: printin~ and b'ndin~, (iu addition to that otherwise
provided by law) ; and for all other necessary expenses in carrying
out the pro~-isions of this title. "
OTHER AUTIIORITY
S~.c. 406. This title sh~ll not be construed as limiting (a) the func-
tions or authority o~ the ~urgeon General or the Public Health Service
under any other title o~ this Act, or o~ an)" officer or agency o~ the
United States, relati~ to the study o~ the ~revention~ diagn~is~ and
treatment of any disease ~or which a separate institute is established
rudder this ~ct; or (b) the expenditure of money therefor.
PIXDI.VG~ A.YD DEC~.4RATION OP PURPOSE
S~a. ~A. ( a ) The ff ~gress hereby fi~ds and
(1) that the i~cidence o] cancer is increasing and is the m~tjor
~alth concern of the A~rlcan people;
(~) that the attainment of better method# o] ~.ve~ disg-
ust, a~ treat~nt of ca~ dese~'e the hig~st ~orlty; a.~d
($) t~t a g~ oppartunlty is offered ~ a ~lt o/~eent
~v~ces in t~e ~z~l~dga o/this d~ad d~ease ~o co~uct ener-
get~lly a ~ ~ogram for the con~ett o/ca~c~.
TIF:~5770034

34
(b ) In order, to carr?] out the policy set fartl~ in this part, it is the
purpose o fthis Tart to establish a ~&tguest of ~er Age~y as an
i,~ependent agen~ aoithi.n the Na~ion~ I~sti~ted of Health.
oo~'o~s~ or OZ~OEn
Sea. ~07~. ~ere ~ h~reb~ established a ~o~sg of Oa~er
as a~ ~epe~e~ age~ wi~hln the Na~al [~tutes o~ Health.
Sev. ~7G. (a) The ~s$ of ~a~er Age~y s~ be
tered by a Director who shall be appointed by the Preside~ by a.~
with the advice and cogent o/the ~enate~ and ~ho shall sere u~er
the direotion of t~ P~s~de~t. There shall be in the Agen~ a Deity
Director who shall be app~nted by the P~sident~ by a~ with t~
advlce and conesnt o/t~ ~enate. The Deity Director shall perform
such functio~ ~ the D~rector may Tresc~be a~ shall be the Acting
Direvtoq. d~t~ ing the absence or disability of the Director or in the
event of a ~aeancy in the position of Director. (b) The Director
authoei~d to appoint ~ithin the Agency not to exceed fi~'e Assistant
Directors.
~'c. ~07D. ~ o~e~ ~o c~ o~ the F~'Fo~e of ~ ~¢~,
Director ~hall~
(1) easy out all ~eseareh aeti~,~tiss previously conducted by
NatUral ~a~vr I~tituts~ together with an e~pa~ded, inte~i~d.
a~ coordinated oance~ ~sem oh Trogra~. and shal~ administer
t~ authority o/ t~e Se~eta~ under thi~ Act with ~espect to
cancer;
(~) make ~ grants or contracts ~ are deairab~e to accomplish
the ~rpo,e~ of th~ part;
(3) expendi~y ~tiZize exiting research latices a~ per-
s~ for accelerated e~pZora~n o/, the opportunities ]~ the
con~ueat o/ cancer in are~ o[ ape~ ~ orate;
(~) encourage and coordinate cance~ research by ind~t~a~
concem ~he~ e ,uch coneem e.~enoe a parti~dar capability
(5) strengthen e~ting cancer centvrs~ and establ~h ~w ea~er
centers as needed in orde~ to easy ~t a mult~v@lina~
for clin~al ~esearoh a~ teacl~iq~ and for the development and
demo~trati~ of t~ 5e~t metho~ of treatment in cancer
(6) collect, a~lyze, and d~semlnate ~l data ~e~l in th~ pre-
vention, diagram, and t~eatment of ca~r, including the estab-
Hsh~t of an inte~atlo~l ca~er ~eseareh data bank to eollect,
cancer research u~e~taken in any ooun~ for th~ ~e of any per-
son involved i.~ cancer ~esearo~ ~n any co~t~: ,
(7) establ~o~ ~pport the la~ge-soale produgti~ o~ d~t~bu-
tion of spe~l.~ed biologioa~ mate~a~ and othe~ therapeutic sub-
and set standa~s of safety and c~e for perso~ uMng ~h
mate~ ; •
(8) ~ppor~ r~a~oh in th~ ~no~r ~ld ~t~d~ th~ United
by ~ighly ~i~d fo~ign nat~, collaboratlv¢ v~aeareh in-
ducing Amebean and f~g¢ par~pants, a~d the ~g of
TI55770035

American s~ntlsts abroad and foreign acientists in tT~ United
panded and eont~uin~ manp~er b~e from which to ~e~et
v~t~at~s ~ phys~ for part,paten in t~ ~ogra~
(10) ~epa~e ~ ~5~nlt an ~n~ b~get ~timate for
gram directly to the P~Mdent ]or review a~ t~ammitt~ to Uon-
gress a~ re~elve f~ the P¢eMdent a~ the O~ee of Ma~ge-
~nt and B~get direetly the ~s ap~o~ated 5y ~ongresa
obligation a~ ewpenditure by the A gemy.
S~v. $07E. (a) The Director is autho~zed, in ca~ng out h~
tloq~s u~der th~ pa~t~ $~
(1) appoint a~ fi~ the eompe-~ation of perso.nnel of the
Agen~ in accordance with the provisions of tlt~e 5~ United States
~ode~ e~cept t~t (A) to the extent the Dh'ector deem~ ~uch
action ~cessa~ to the d@vharge of his f~nctlons under th@ part,
he ~r~y appoint ~o~ more than fi/ty o] t~ scientifie~ pro/essiona~:
and administrative persm~l of the Age~wy witho~et regard to
provisions o/such title velatl,ag to appoi.ntments in ~he competi-
tlve 8ervice~ aad ~y fix the co~pensa~ion o] such perso.n.nel~
~t regar~ to the provision# o/chapter 51 and subehapter III
of c~apte~ 53 of such title relating to pay ratds, at ~'ates ~ot
excess of the highest ~ate paid for ~E-18 of the Ge,~ral ~che&de
unde~ section 533~ of title 5 of such ~ode/ (B) to the extent that
the ~irector deems ~ecessa~ to ~c~dt spe~l~ ~i~d s~n-
tific or othev pro]essio~l pers~net aoithout pre~i~s competitive
se~ice h~ ~y establ~h the entrance grade therefore at qwt to
exceed t~o grades above the.~r~e otherwise established for such
pe~aonne~ under such prowszons;
(Z) make~ promulgate, is~e~ resdnd~ a~ ame~ ~u~es a~
regulatio~ ~ ~y be ~cessa~ to car~T out the functions vc~ted
in him or in the Agency and delegate any of h~ ~nctio~ to any
o~ce-r., or employee, u~er h@ d~rectw~" " or h~ ~pe~v~on;
(o) acquire (by purehase~ lease~ co~em~tion~ or othe~.is~)~
c~t~ct~ improve~ repaO~ operate, and ~intai~ cancer
laboratories, research a~ other ~eeessa~ faeries a~
mentv a~d ~eZated acco~oda~o~ as may be neo~ssa~, a~oh
ot~r real or pers~l property (inching Tatents) ~ the Direc-
t~ dee~ neeessa~; to ~Oe 5y ~e or other,s thr~gh the
A~i~ator of ~e~raZ ~e~iees~ 5ui~ings ~ parts o/ build-
ing~ in the D~t~v~ of Oolumb~ ~ co--unites located adjacent
to thv D~t~ot of ~ol~bia for the ~e o/the Agen~ f~ a ps~od
not to exceed t~n ye~s ~ith~t rega~ to the Act o/March
(4) employ ~pe~t~ and e~lta~f~ in accordance with
3109 of titl~ 5. United ~tate$
TI55770036

36
(5) appoint one or more adclso~'y convm;ttees composed of s~teh
pri.~'ate cit;zem~ and o~elaL~ of Federal State. and ~oca~ gorern-
merits as he deems desi~vble to adrlse hin~ .with .respect to
fu~wtio~s under this Act;
(6) .utilize, qt~i~h, theh" eon~ent, the ~errlee~. e~uipme~t, pe~'-
~om~eL h~fomna~ion, and faeilitie~ of other Federal. 8ta~e. or local
public apeneles, with or without ~'ebnbu~'~eme~t therefor; (7) accept roluntary and
m~compensated ser~,iees;
(8) accept u~eondit~onal gift~, or donat;o~ of ~er~'ie~ ~. money,
or ~'operty, ~'eal. per~q~mL o~' mlwed, tangible o.r inta~glble;
(9) enter into n~k eo~ractn, leasen, cooperative agreements,
o~' other transaetio.ns qoithout r~gard to seetio~ .5~9 of title 31.
U.nited States Code, an may be .~eees~ary h, the conduct of
fu~wtions, with any public agency, or with any person, firm. as~oe;-
at;on~ eorporatlon, o~' edueationa~ instltutiom and ma~e gr(~nts
to ~ny public or n.o~profit p~vate age~wy, o~To,&~ttion., or
h~tltutio, ;
(10) a~locate a~d ewp(md, or tra~/er to other Federal
for expenditure, bwluding the .~tional Institute~ of Health. fo~'
cancer-related programs, such fu~dn made uvugable u~der
part as he dee~ ~ecessury. b~cludlng funds approp~'iated for
construction..repairs, or capital improcements;
(11) ta~e q~ecessa~,y actio~ together with the Director, o~ the
National Institute~ of Healt$ so that all ehannel~ for t~ d~semi-
nation and cross-fe~tiHzati~ of solentifio ~no.w~edge a~
marion ewisting 1,~or to the effective date of this Act between
the Natlona~ Caqwer I~titute a~ the other institutes of ~ea~th
,hal~ be ma.intai~d between the Agency and the I~ti~tes o/
Hea~th to i~ure free commun~ation between ca~e~ aml the
other, s~nti~, medical, and biomedica~ din~ip~e~; a~
(1~) take such other actlo,ns ~ may be required fo~ the ~com-
plishment of the objectives o/the Age~wy.
(b) Upo~ re~uest ~ade by the Director, each Fede~,a~ age~
a~thotqzed a~d directed to ma~e its ~ervleen, e~uipment, personnet,
facilities, and info~z~ion ( iqwbMi~g suggestions, e~te~, a~ sta-
t~sth.s) available, to the greatest practicable extent, eo~istent with
other. ~awn to the Agency in the performauce of it~ funeHong wltk or
.~,ith o ~tt re i~nb u~sem e~tt.
(e) Each ~mber of a comm.ittee apZ~olnled pursuant to paragraph
(5) o/subsection ( a) o/ this section u]~o is ~ot a~t o~cev or empgoyee
o/the Federal Gove~me~t shall veeeive a~t amount eq~ to t~ dai~y
~te preacNbed ~o~' ~6-18 u~er section .58.3~ of tit~e 5~ Uq~ited ~Ttates,
( ode. for each. day he is engaged i.n the actual perfo~.ance o/ his
du.t#~ (invluding traveltime) as a n~mbe~' of a commltfee. All men~
bets shall be ~'ei~@ursed for travel, s~bMstenee, and ~ecessary ex-
penses in~o.~d in the perfume o] theb, duties.
( d) The Db~ct~ sha~l, 3y ~gulation. ~vv~e for ~roper
rev~w of ~l msea~h gra~s a~d ~ograms over whiah he has ~thm'-
ity (A) by utillzi~, to the n~n~n extent pos~ble, ap~o~e
pee~" ~v~w groups uqthln the Nati~M Insti~tes of ~ealth. ~d
(B) uh¢n arrogate, b~ establisMng, ~ith the ap~o.val of the
~a~er Adt~o~ Boa~, ot~ f~l ~ review ~ ~ may be
TI55770037

37
~. 1~97F. The Director shal~, as ~o~ ~ ~~ af~ ~ e~ of
each c~ar year, ~pare a~ ~ to ~ Pee~e~ f~ ~-
the ~ec~ing ~av
Zxc. ~7~. ( a) There is he, by establ~l~d in t~ Age~ a Nati~
~a~r Adv~o~ Board to be e~osed of t~ Direetor of the Nati~
I.~tlt.utes of ~ealth a~ eighteen ~ers ap~ted by t~
dent. by a,~ with the ~viee ~ eo~ent of the 5e~te. No~ ~re ~han
t~.el~e o] the appointed me~er~ o] t~ Board ~h~l be s~en~ts or
physicians and ~t ~re tha.n eight of the a~olnted ~ers
be repre,enta~ve of the ge~ral ~5~. Appointed ~ers sha~ be
aTpoi.nted from among ;perao~ who by .virtue o/ their traln.ingr e~pe-
~'ie.~xe, a~d background are e~eptionally ~ualified to ap~a~e t~
~:ro~rams of ~he Agen.ey. ~'he ~ee~.etm~y~ t~e DS'eotot" of the O~ee o/
5tie,we a~ul Teehnology~ a.nd the Director' shall be ex o~clo members
of the Board.
(b ) (1) Appointed .nten~ee, shall be appointed for s~-year
except that o/the ~n&e~'e first appointed six shag be appointed for
a tern~ of two yeavs~ and six shal~ be aBpointed for a term of ]our
yam% as deMgnated by the P,resMe~t at ~he time of app~nt~nt.
" (2) Any member appointed to fill a .vacancy occm'~q~g p~r to
e~pi~.at~n o],the term for .which h~ p~'edecessor wee appointe~ sh~l
se~'ce only ]o~ the remainder of s~ck te~'m. Appointed n~n~e~s sh~l
5e eligible, for veappointment. . a-nd may se~'ve after the expb,atlon of
(3) A vewa~wy i~ the Board ~hal~ not affect its actlvit~s and
membe~,s thereof sh~l constitute a q~ru~.
( o) The President shall designate o~ o/ the appointed members to
se~,ve as Chai.~,m¢n for a te~ of two years.
(d) The Board shall qneet at the call of the Chab~an but not less
o/ten than four time, a year and shall advise a~d assist the ~-
guest of ~aneor Agency in the developmen$ a~ exertion o: ~he
program.
(e) The Director of tlle C~.uest o/~ancev Agency 8hal~ d~ignate
a member of the sta~ of t~ ~on~s$ o] Oa¢lcer Agency to act as
Exe~tiv~ ~e~eta~ of t~ Boar&
(f) The Board may hold ~ch hea~ngs, take ~ch tes~y, and
and ~t ~ s~h Hm.e~ and p~es as the Boa~ deems ~able to m-
yes,gate progva~ a~ aot~vit~e8 o/the O~uest of Oanver Agent.
(g) The Director shall $ubmi$ to the Board for its eval.uation~ com-
ments, and revomme~dat~ e~h year~8 ~ogran~ p~n and budget
p~or to $~ f~ subm~sion o~ the budget reffuest to t~ P~eMden$.
(h) Th~ Board shall submit a report to t~ President ]or
mlt~al to ~h¢ Congress not later t~n Ja~a~ M of each year ~ the
p~vgress o] th~ Cm~est o] Cancer Ag~ tm~a~ th~
ment o/its ob#ctive~.
(1) T~ Board ~ha~l ~p~sede the e~$t~ Natlo~ Advko~
th~ effec~v¢ dat~ o/thi.~ aee~on shal~ serv~ as ~diti~ members o/

38
dagy ~ate pres~be~ ]~ ~-18 ~e~ ~eo~on 553~,
~tates, ~ode, /~ each ~y ~ey are eng~ge~ in the perforate of
their homes or ~egu~r p~ace~ of 5~i~ss t~y ~y
~ ~ ~ ~p~ authored 5y ~eot~ 5705~ ~t~ 5~ U~i~ed Btates
Code, f~ per~o~ in t~ G~e~nt semite employed intelligently.
(~) The Direoto~ s~ ~e a~a~5~¢ to t~ Board such sta~,
~]o~ation~ ~ other ~ta~oe ~ it ~y ~i~'e to
aot~i~s.
DEFINITION~
S~. 407 ~. Fo~ the p~poee of th~ Act the
(1) "Director" ~a~ the Direct~ o/the Oon.~eSt
Age~;
(~) "Agent" ~a~ the ~on~est o/~a~er Agency;
(3) "Board" ~a~ NaEonal ~anee~ Adv~o~ Board;
(~) "ca~er vente#~ mea~ #uok cancer reseamh facilities as the
Director demesnes am appropriate to ca~
the, Ta~ inching ~aboratomd and research fa~lities an~ such
demo~Wation of ~he best metho~ o/treament of patients ~ith
ca~e~ but does ~t ~o~uda extensive paint care/adlitles not
c~cted ~th the development of and de~mtra~on of such
methods;
(5) %o,~stmwtlon" i~c~udes pu~'chase m' ~ease
design, ereetim~, m~d e~ulpping of ~ew
m,a~o~" ~'epoir (to the e~tent pem~;t~d by regu.~af.~o~s). ~,emodelh~g
a~ venovatlon, of e~isti~g bu#di~ Os ( i~eh~ding fifftial equlpme~t
tbe~'eof) ; an~ replacem,~t of obsd~ete, 5uilt-i~
( ~) "[unction" .b~cludes power and duty; and _
( ~ )" "Federal ag~" mean~ aq~y depnrt~nt, agency, or inde-
penden.t establis~mm~[ of the exe~ti~'e branch of t~e
indud~ a~y ~oholZy o~ed ~e~ment e~poraffo~z.
S~:c. t~08. For the purpose of eom'ying out any of the programs,
functions, o~" acti~'ities authorized by th~ part. ther~ are a~#horized
to be appro~ated f~' each fi~eaZ year ~cfi ~tms a~ ~y be ~ecesaa~.
~ ERX~CE
TITLE II---ADSIINISTRATION
TI5577003

39
~ . NATr0NAL ADVISOR-~" C0]~CIL~
SEc. 217. (a) The ~ational Advisory Health Council [the N~tiona]
Advisory Cancer Council.] the National Advisory ~ental ~ealth
Counci]~ the National Ad~;isorv Council on Alcoho~Abuse and
holism, the N~t.ional Adviso~: Heart Com~c~ and the National
vi~i'y'Dent~l Research Cm~ncil shall each consist of the Surgeon
General~ who sh~ll be chairman, the chief medical o~cer o~ the Vet-
erans' Ad~ni~dstration or his representative, and ~ me~cul o~cer desig-
nated by the Secretary of Defense. who sh~ll be ex o~cio membem;
and twelve ~embers appointed without regard to the civil service
laws ~y the ~urgcon General with the approval of the Secretary of
Healt.~, Education, and Welfare. The tavelve appointed members of
each such council shall be leaders in the fields of ~undamental sciences,
medical sciences, or public affaim, and six of such twelve ~a]l be
selected ~rom among the leading medical or scientific authorities who,
in the case of the ~'ational Advisory Health Council. are ski~ed in
the sciences related to health, and i~ the, case o~ [th~ National Ad-
visory Cancer Council.] the h~a¢ional Ad~ isory ~fental Health Coun-
cil, th¢ National Adviso~" Council on Alcoholic Abuse and Xlcohol-
ism~ the National Advisory Hear~ Council~ and the National Ad~sory
Dental ~esearch Council. are outstanding in the studs", diagnosis, or
treatment of cancer, psvc~liatric disordem, alcohol ab~s~ and alcohol-
ism~ heart diseases, and'dental diseases and conditions~ respectively.
the case of the National Advisory Dental Research Council. ~our of
such six shall be dentists. Each a~pointed member of each s~ch coua-
oil shall hold office for a term of four years, except that (1) any mem-
ber appointed to fill a vacancy occm:ring "prior to the expiration oY
the terms for which his prededessor was appointed shall be appointed
Yor the remainder o~ such term; (2) the te~ns of the members (other
than the members of the h'ational Advisory Council on Alcohol Abuse
and Alcoholism) first taking office after S~ptember 30, 1950~ shall ex-
pire as follows: Three shal~ expire ~our years a~ter such dat% three
shall expire three years after such date, three shall expire two years
after such date. and three shall expire one year after such date~ as
designaeed by the Surgeon General at the tithe of appointment; and
(8) the ten~s of the ~embers of the National Council on Alcohol
Abtme and Alcoholism fi~t taking office after the date of enactment of
this clause~ ~al] expire as ~ollows : Three shall expire ~our years after
such date, three shall expire three years after such date. three shall
expire two ~'ears after such date. anal three shah expire o~e )'ear
such date, ~s d~ignated bv the Secretary at the time of appointment.
None of the appointed m~mbers shall ~e eligible ~or t~appointment
within one year after the end of his preceding tet~, but terms expiring
prior to O~tober 1. 1950, shall not be deemed "p~ceding reruns" for
the purposes of this sentence.
Ti55770040

TITLE III--G:E~NrERA_L POH'-EI:tS AND DUTIES OF PUBLIC
HEALTH SERVICE
S~.:c. 301. The Surgeon Gestural shall conduct in the Service, and
encourage, cooperate with, and render assistm~ce to other appropriate
public authorities, scientific institutions, and scientists in the conduct
of, and promote the coordination of, research, investigationst experi-
ments, demonstrations, and studies relating to the causes, dmgnosis,
treatment, control, and prevention of physical and men~al d~seases
and impairments of man, including water purification, sewage treat-
ment, and pollution of lakes aud streams. ~[u carrying out the fore-
going, the Surgeon General is authorized to-- "
(d) Make grants-in-aid to universities, hospitals, laboratories, and
other public or private institutions, and to individuals for such
rt,se:u'ch or research trafifing projects as are recommended by the
National Advisory Health ('otmcil, o~'~ with respect to cancer, rec-
ommeuded bv rh~ [National Advisory Cancer Council,] .Vationa~
(:'~n~e.er Ad,'i:sm.y Born'd, or. with res~ect to mental health~ recom-
mended by the National Advisory 5Iental Health Council. or with
rt,sl)ect to heart diseases, recom~i~ended by the National Ad~'isory
[ leart Council, or, with respect to dental diseases and conditions, ~'ec-
ommended by the ~ational Advisory Dental Research Couueil. and
ittclude in tl~e grants for any such ~)roject grants of pe~ticillia and
other antibiotic compounds for rise in such projects :
(i) Adopt, upon recommendation of the National Advisory Health
Council. or, with respect to cam:er, upon reeomme~datio~ of the
[Xatiom~l Advisory (~aneer Council.] .V~t;o~al Cm~cer Adcisory
]~o~'d. . or with. respect to nwntal health, upon. recommendation, of the
Nahonal Advisory Meutal Health Conncfl. or. w~th respect to beat't
diseases, upon recommendation of the National Advisory Heat¢ Coun-
cil. o~.. with respect to dental diseases and conditions, upon recom-
mendation of the National Advisory Dental Research Council, such
additiom~l means as he deems necessary or appropriate to carry out
tlw purposes of this section.
TITLE 5. Uh'ITED STATES ('ODE
,q~.:~-. 5:;15. Positions at level 1V.
l,e~'ei IV of the Executive Schedule applies to the following posi-
tions, for which the ammal rate of basic pa.v is $:-]8,000 :
TI5577004-1

41
(94) Director, Conquest oI Oancer Agency
Szc. 5316. Positions at level V. -
Level V of the Executive Schedule applies to the following posi-
tions, for whidh the annual rate of basic pay is $36.000:
(1.31) Deputy D'~'rector. CtrtUl~est oI C.aJ~ce~' Aget~cy
INDIVIDb\~L VIEWS OF MESSRS- ~ELSON
Ah'D CRANSTON
We voted to report S. 18~8 as amended in Committee, sad to co-
sponsor the original S. 34, bscause we strongly su~pot~ the objective
of the bill.
The bill ~s designed to expand the resources and intensify the effort
to achieve better ~ethods o~ treating and contro]]ing cancer with the
final conquest of cancer as the ultimate objec~ve.
There is no doubt that ~he Congr~s, the Administration and the
Nation are prepared to gi~ e extensive support to expanding the effort
to eliminate cancer. This is anaply demonstrated by the fact that the
President asked for: and Congr~s appropriated~ an immediate addi-
tional $100 million for cancer research in the Second Supplemental
Appropriations Bill (PL 9~18) for fiscal year 1972.
Howevcr~ while we agree with the qqttent of the bill~ we have serious
reservations about the design and structuring of the apl),;'oach as
spelled out in the language of the bill.
T~e bill provides that ~ newly-crea~d independent Conquest of
Cancer Agency will be estabhshed .wi~M~ the National Institutes of
I:[ealth with the Director of the Agency and the National Cancer
Advisorv Board each reporting indepe~dently and directly to the
£)reside~t on all mattem respecting cancer research~ including pro-
~rams, plans, budget proposals and annual progress reports.
Thus. the D~rector of ~I ~s sp~fically by statute bypa~ed m
chain of command and communxMations. We think th~s is a serious
error because the NIH Director has under his jurisdiction the other
nine Institutes, several of which are engaged in continuing cancer and
ca~cer-related researclh and he is. therefore, the only individual in or
outside of NIH with the overview and rcsi~onsibil~ty for all cancer-
related a~ivitics and re, arch.
~'o credible ratiouale for bypassing the NIH Director can be found
it~ the testimony. The proponents assert that bvpa~ing the NIH
re ctor will somehow expedite the program~ enhance the p~stige of the
enterprise and ~ssure the acquisition of a higher quality Director.
k better argument ca~ be made we think that tltis a )proa~b will tend
to handicap the p "ogram rather than ~mprove and expedite ~t.
For all practical purpo~s, this bill creates an independent Agency~
with its o~n~ Director and inde~ndent Advisory Board housed within
the NIH I)t~t in no ~v~v responsible to the Director of
Of courst., it is intt hded by ]an~uage h~ the bill (as reported from
Commi~ee) that the Dix~ctor of ~I~and the Director of the Ca~tcer
Agency will engage in whatever cooperative efforts a~ indicated to
implement the program effectively.
Ti55770042

We think this arrangement raises very serious practical and policy
questions that will impair the effort and s~t a very bad prescient.
~Vhile it is our view that the best apjproach was spelled out in our
proposal to creat~ a special cancer authority withiK an independent
BIIH (described in our joint floor s~atement of may 21, 1971, set forth
at the end of our view), we think that at the very minimum, this bill
should require that the annual budget and program be submitted to
the Director of NIH and that he submit it to the President with his
comments and evaluations.
~Ze recognize that the Committee Report states:
The Committee intends that the Director of the Cancer
Conquest Agency will make a copy of the Agency's annual
budget and program plan available to the Director of the
I~IH not later thau the time of its submission to the Presi-
dent. This will give the Director of the NII-I an opportunity
to submit his comments ~o the President~ svithout hiterferring
with the Cancer Conquest Agency's budget independence.
The Committee believes that such reviews and comments~
particularly in development phases, ~vill facilitate progress
m both cancer research and h~ biomedical research generally.
Wt o. feel this_report_ language is insufficient.
is anomalous that tbe only person in government with overall
responsibility for cancer-related research in the various Institutes
wit]~in the NIH does not have the formal responsibility for presenting
his evaluation of the cancer program and budget to the President. The
NIH Director:s only statutory role concerning the cancer budget and
program is as a member of the Cancer Advisory Board~ where he is
only one voice of 22 members.
Furthermore, there are sharp divisions within the medical and sci-
entific community over the best approach or approaches to the con-
quest of cancer. When, in fact, there are such substantive divisions over
a particular research program or budget, it should be the ~N'II-I Direc-
tor:s responsibility to so advise the President.
YVe also believe that in the interest of efficiency and sound manage-
ment, the NIH Director should be made respons]ble for coordinating
the cooperative activities of the Cancer Agency with the other
Institutes.
The, Congress and the public should recognize that by creating a
totally independent Cancer ~kgenc~z reuortin~ directly to the Presi-
dent, a compelling precedent will Inure'been ~et for c~eathag similar
agencies to deal with other afflictions--for example, an independent
Heart and Cardiovascular Disease Institute. The case for creating
such an Institute can sure2y be presented in an equally convincing
way, and it will be difficult to deny such Institute the same status. In-
evitably~ cases will be de~'eloped for other Institutes with arguments
for independent status presented as ~orcefully as Cancer's or Heart
and Cardiovascular Diseases's.
Advocates of heart and cardiovascular disease research already have
written the Secretary of HEW seeking status for tho ~ational'Heart
and Lung Institute equal to that established for caucer research.
T!5577004:

43
Arhhritis is a disease which affects li~ersll~ millions of persons;
why shouldn't the National Institute of Arthritis and mstabolio Dis-
eases be given equal status ~.
In short, we believe that totally independent status for a~y Institute
will tend to weaken NII-I, and to hinder the success of an attack on
cancer or any other diseases, rather than strengthen it.
The breakup of NItt, probably the finest biomedical research struc-
ture in the world, would be, in our opinion, highly undesirable and
unwise. S. 1898 as reported poses ~ clear and present threat of this
breakup.
Dr. James _~_. Shannon (who served as Director of NItt during its
period of ~o~reatest growth) stated in a letter submitted as testimony
on March 9-10, 1971 during hearings on S. 34 before the Health
Subcommittee :
The several Congressional actions which propose that the
new program be mmmted under a separate Authority. per-
haps reporting directly to the President, and. as a corollary.
to be operated outside the h'IH, is to my min~l without mez:it
and dangerously destructive. The ~IH is many things, but
above all, it symbolizes a set of processes for th~ governance
of the orderly growth and development of science . . . the
NIH, in the sense described above, is an inwluable and
irreplaceable guarantor to the n~tion that order, stability.
sound judgment, balance, flexibility, responsiveness, and
responsibiht"y will characterize the country"s assault on the
problems of disease, disability, and death.
A large number of management problern~.arise ~vhen one research
effort is made independent of others in ~ItI. Cancer research is
heavily dependent on extensive supporting resources of NIH, such
as clinical facilities, animals, instrumentation, computer services,
central research grant services and a variety of logistical services.
The various Institutes share scientific ~nd manpower resources. They'
deal with the same grantee institutions and the same contractors.
They should be governed by common and consistent policies.
SVe fully recognize that those joining in the Committee Report
have only the best intentions in inserting language calling for com-
munication and coordination between the Cancer Agency and
We believe, however, that what is needed is an interr~e,l~tionship under
the overall direction of the NIH Director, which ~ ould be stronger
than could be achieved among research Institutes of clearly differing
rank and authority.
As Dr. Philip R. Lee, former Assistant Secretary for Health and
Scientific Affairs in HEW, testified at the Mmrch 9-~0 hearings:
Cancer is not simply an island waiting in isolation for a
crash program to wipe it out. It is in no way comparable to
u moon shot . . . which requires money, men and facilities
to put together in one imposing package the scientific know-
how we ~ready possess.. ~I~..stead, the problem of cancer~or
rather the problem of the ~ arious cancers--represents a com-
Ti55770044

plex, multifaceted challenge at least as perplexing as the
p~btem of the.various infectious diseases ~ . . We do not
know where the breakthroughs will come and I think it would
-be a great mistake to begin to dismantle X:[H in favor of an
mltested approach.
Therefore: we see uo compelling reason to set up cancer research
as an independent entity, an approach which we suspect may turn
out to be more detrimental than beneficial to conquering cancer or
any "other disease. We believe the answer to a stlccessful attack on
cancer is to strengthen ~NIH as much as possible.
THE CONQUEST OF CA~CER ACT
A:~IE~D~IF.NT .~0. 10 9
(Ordered to be prh~ted and referred to the Committee on Labor and
Public Welfare.)
SEPARATE I~IH: TO CO.~Q~'~ER CALN'CER
~Ir. NELso.~~. BIr. President, I send to the desk for printing, an
ame~dment I intend to propose to S. 34, the proposed Conquest of
Cancer Act. I am sponsoring this amendment along with the ~e~ator
from California (Mr. Cranston) and the Senator ~rom Pennsyl~ ania
~ " ~t ~s
(. It. Schweiker), and the statement I am making regardin~ h"
amendment is on behalf of my fellow cosponsors an~ myself.
The proposed Conquest of Cancer Act has been a matter of enor-
mous debate and discussion within the Congress, within the medical
and biomedical research world, and within the h~a~ion as a whol~
since the bill was first introduced. On ~Iarch 9 and 10: the Health
Subcommittee: chafi'ed by the distinguished Senator from Massa-
chusetts (]Yfr. Kennedy), of the Labor and :Public h~relfare Commit-
tee~ conducted extensive hearings o~ S. 8~:. These hearings ~ully dem-
onstrated the great concern and broad base of support across the
country for establishing a special research program with the objec-
ti~'e of conquering cancer at the earliest possible time.
~Ir. :President, there is no question in m~ mind, nor that of any
Member of this body, insofar as X am swathe, that the Congress and
the count~T are prepared to give extensive support to expanding the
effort to eliminate this disease. This is amply demonstratec~ by the
c]usion by both I-Iouses of Congress in I-I.R. 8190, the secondsupple-
mental a~propriation bill~ fiscal year 1971. of an immediate additional
• ~100 million to support the urgent attack on cancer right now. The
consensus behind th~ conquest of cancer is the broadest possible, in-
eluding. Membe~ of both parties in the Congress and President ~Nixon,
as ind~cated in his FebrUary 18: 1971~ health message and further
amplified in his 5Iay 11.1971. statement on cancer.
The only difference of opi~ion is owr what is the best approach to
accomplish this end.
The resolution~Senate Resolution 376 of April ~7~1970--sponsored
by the esteemed former Senator f~m Texas~ '~£r. X arbm~ugh, then
clmirman of the I-Iealth Subcommittee. authorized the creation of the
National Panel of Consultants on the Conquest of Cancer. which con-
-1"!557-/0045

45
dactyl the study and made the recommendations calling for this con-
certed national effort. Senator ~rarborough in the last Congress and
Scaator Kennedy in this Congress moved to implement the panel's
• ecommendatlons by mtrodncmg appropriate leg~slatmn (S. 34).
The recent Healfh Subcommittee hearings on S. 34 brought forth
some sharp differences over the particular approach recommended by
the panel: that is, to establish an independent, separate cancer agency
outside of the National Institutes of-Health in order to mou~t the
fight against cancer. As a cosponsor of S. 34 as introduced. I agree
wholeheartedly with the objectives of that measure. However, after
reviewing the t~stimony at the hearings and having extensive conver-
sations with physicians, biomedical researchers, health edncators, and
scientific groups, we believe that the best compromise bet~veen
S. ;~4 as ]htroduced and the administration bill (S. 1828)~ intro-
duced by the Senator from Colorado (Mr~Dominick) on May 11, 1971,
is modification of S. 3~ to establish the National Institutes of Health
as an independent agency outsid~ the Department of Health~ Edu-
cation, and ~Yelfare. ~ ithin NIH, this compro~nise elevates the can-
cer effort to a new Cancer Authority.
~lr. President, I wish to stress in the strongest possible terms that
we believe this modific,a, tion we are proposing accomplishes all of the
objectives of the panel's recommendations. :It gives special priority
emphasis to cancer research by elevating the cancer effort within
NIH to a new Cancer ~knthoritv,~ thereby removing the numerous
HEW bureaucratic lasers above ~IH~ and at the same time~ meets
the very strong objectmns of the biomedical research community to
aay proposal to remove the cancer effort from h'IH.
The amendment we are proposing is an adaptation of the Kennedy
bill (S. 34), retaining all of its major features and making relatively
minor changes while maintaining the cancer research program within
NIH.
Briefly described, our amendment would create a separate National
Institutes of Health ~s an i~del~endent agency of the United States
accountable directly to the President, with P~esldential appointment
of an NIH Director and nine other top-level agency officials. The
amendmen~ would create within the new independe~at h*IH a Na-
tional Cancer Authority, the Administrator 5f which would also be
Deputy Director for Cancer o~ the new NIH. Thus, only one ad-
miifistrative position~the Director of NIH~would separate the
Cancer ~_~lthority Administrator from the President.
.~t present, within HEW there are six bureaucratic layers between
the Director of the zNational Cancer Institute and the President~
the Deputy Director of NIH, the Director of NIH, the Deputy A.ssist-
ant Secretary o~ HEW for Health and Scientific Affairs, the ~ssistant
Secretary of HEW for Health and Scientific Affairs, the Under Sec-
retary of HEW, and the Secretary of HEW.
The autonomous NIH would be comparable to other Federal re-
search agencies; namely, the National Aeronautics and Space
ministration, the Atomic Energy Commission, and the National Sci-
ence Foundation. It would ]~lace biomedical reseach on a par with
space, atomic, and general scientific reseach. It should be pointed o~3t
that these programs are careful to combine both targeted and bastc
Ti55770046

46
research, so that no research effort is isolated, and no areas of dis-
covery are cloSed off or ignored.
The scientific and biomedical communities have expressed very
strong concern that isolating cancer research energies may result in
cutting oK valuables possibly related, research chammls. They point
out that cancer research is still at the frontier stage, that it is multi-
fuceted and elusive in its present state of the art, and ~hat importan~
discoveries h~v~ hist~;ic~lly derived, and likely will continue to
doric;e, inadvertently from b~sic research. They fear that cruciaI areas
of basic research will be dropped, possibly at the expense of such
discoveries, and they i~rge the continued Federal support of the
nmltifaceted activities now supported by
Dr. James ~k. Shannon, who served as Director of h'ational Insti-
tutes of Health during its period of greatest growth, expressed these
fears iu a letter submitted as testimony during hearings on S. 34 be-
fore the Health Subcommittee.
The several Congressional actions which propose that the
new program be mounted under a separate Authority, per-
haps reporting directly to the President, and, .as a corol-
lary, to be operated outside the ~IH, is to my mind without
merit and dangerously destructive. The ~II-I is many things,
but above all, it symbolizes a set of processes ~or ~he gov-
erixance of the orderly growth and development of science
• . . the NJ_H~ in the sense described above, is an invaluable
and irreplaceable guarantor to the nation that order, sta-
bility~ sound judgn~e~t~ balance, flexibility: responsiveuess~
and responsibility will characterize the cotmtry;s assault on
the problems o~ disease~ disability and death.
Dr. Shanno~ and others are concerned that separatin~ cancer re-
search from other biomedical research ~vill create a divisive competi-
tion for funds, which will be counter-productive to the cause of
cancer research.
Dr. Philip l~. Lee~ former assistant for Health and Scientific
.<flairs in the Department of Health, Education~ and Welfare,
testified:
Cancer is not simply aa island waiting in isolation for a
crash program to wipe it out. It is in no way comparable to
moon shot . . . which requires mainly the mobilization of
money, men and f~cilities to put together in one imposing
package the scientific know-how we already possess. Instead~
the problem of cancer--or rather the problem of the various
cancers--represents a complex, multifaceted challenge at
least as perplexing as the problem of the wrious infectious
diseases .... We do not know where the breakthroughs will
come and I think it would be a great n~stake to begin to dis-
mantle NII=t in favor of an untested approach.
The am~ndmant we propose would keep NIH together, would
emphasize • cancer program, ~_nd establish biomedical research at a
priority level comparable to other scientific research .
The infusion of substantial ~auds will ~nsure an ~rpansion of can:
cer research. By m~intaining c~ncer within the _~IH structure we will
Ti55770047

47
insure that all basic research efforts that may touch on cancer will be
fully developed in the battle against cancer.
2.Ir. President, ca May 9, 77 chairmen of departments of medicine
in the Natioa's medical scl]ools endorsed the concept that progress in
cancer research can best be achieved within the ~N-IH, utiliz'mg the
capacities of the National .Cancer Institute, and possibly may be
"facilitatexl by establishing NIH as a separate agency'", outside of
HEW.
Mr. President, the Health Subcommittee has scheduled for June 8
another hearing on S. 84 which will also consider the administration
proposal, S. 1828. I intend to request the witnesses scheduled to testify
at that hearing to be fully prepared to comment on the modification
proposed in the amendment 3[ have outlined today. • "
Mr. President, I ask unanimous consent that, at this-point in my
remarks, there beprinted in the Rmco~n the full text of the amendment
to S. 3~ which I ~ave submitted for printing as well as a section-by-
section analysis of the amendment.
There being no objection, the amendment and analysis were ordered
to be printed in the R~.COmD~ as follows:
-~.~'~f~ ~o. 109
Strike out all after the enacting clause and insert in lieu
thereof the following:
Tha~ this Act may be cited as the "Conquest of Cancer
Act".
FII~TDI2~'GS A:~"D DF-CLARATIOI~ OF PURPOSE
S~c. "P.. (a) The Congress hereby finds and declares~
(1) that the incidence of cancer is increasing and is
the maj.or he.alth concern of the American people;
(2) that the attainment o~ better methods of preven-
tion, diagnosis, treatment, and cure of cancer deserve
the highest priority ;
(3) that this and other dread diseases such as diseases
of the heart and lung~ diseases of the nervous system and
joints~ and diseases related to birth defects have for too
long afflicted mankind; and •
(4) that great opportunity is offered as a result of
recent advances in the knowledge of these dread diseases
to conduct ener~o~tically a national program for their
conquest.
(b) In order to carry out the policy set forth in this Act, it
is the purpose of this Act to establish the 17ational Institutes
of Health as an independent agency of the United States. and,
~vithin it, the National Cancer Authority. "
NA'I~IONAL CANCEI~ AI~THO~ITY F~TABI~I~D
S~c. 3 (a) There is hereby established within the Nationa~
Institutes of Health the National Cancer Authority, having
as its objective the conquest of cancer at the earliest possible
time.
TI55770048

48
(b) The Authority shall be headed by an Administrator
who shall also be Deputy Director for Cancer of the h'ational
Institutes of Healt~h~ who shall be appointed by the President.
by and with the ad~ ice and consent o~ the Senate, ~or a term
o£ five years. There slmll be in the ~kuthority a Deputy A.d-
ministrator who sh~ll be appointed by the President~ by and
with the advice and consent o£ the Senate, for a term ot five
years. The Deput~ ,A.dminis~ator shall perform such time-
tions ~s ~he Administrator may prescribe and shall be the
Acting Administrator during ~he a~sence or disability o~ the
Administrator or in the event of ~, ~ aeancy in the position of
~dminis~rator. Upon the expiration of his term: the ~kdmin-
istrator shall continue to serve until his successor has been
appointed aud has qualified.
S~c. 4. (a) The h'ational Institutes of Health is hereby
[~blished as an independent agency within the executive
branch of the Federal GovernmenL h~v~g us its objective
~he conquest of c~ncer and other serous diseases at the earliest
possible time.
(b) The agency shall be headed by ~ Director who shall be
appointed by the" President, by and with the advice and con-
~,sent of the Senate, for u term of five yearn. Ther~ shall be
the agency ~ Deputy Director who shall be appointed bv the
President~ by and with the advice and consent of the S~nate,
for a term of five yea~ ~nd who shall also be the Administra-
tor o~ the National Cancer Authority. The Deputy Director
shall perform retch ~unctions as the Director ma);;prescribe
~nd shall be the Acting Director during the ab~nce or dis-
ability of tho Director. or in the event o~ a vacancy in the
position o~ Director. Upon the e~iration o£ his term. the
Director shall conthue to serve until ~s successor has been
appointed and has quMified.
(~ 2 he President, by and with the advice and consent of
the ~enate, is ~uthorized to appoint within the National Insti-
tut~ of Health • Deputy D]~ctor ~o~ Science. a General
Connsel, a Deputy Administrator o~ the h'ational Cancer Au-
thority, and not to exceed five Associate Directors.
(d) The a~ncy shall include the existing Natioual Insti-
tutes of Health, including its r~eareh institutes and divisions
and the Natioual Libra~T of Medicine. Bnreau of Health
power Education~ ~nd other such uni~ that the Director de-
termines are necems~ to carD" out the purposes of this Act.
and the R~gional Medical P~grams carried ont under Titld
XI of the Public Health Service Act.
TR.~..~SFERS FR0~f THE DEPARTMEN"r O~~ H~LT~, ~UCATIO~,
A~D ~LFA~
S~c. 5. (a) All o~m, employs, a~ets, liabiHti~, con-
tracts, property, ~d ~ourc~ ~ am deter~ned by the Di~-
Ti557/004g

tor of the Office.of Management and Budget to be employed~
held, or used l~rimarily in connection with ~ny ~xmction of the
l~ational Institutes of Health~ its public advisory gl~ups~ and
except as, other_wise specifically provided in section 12, with
any function o~ the ~ational Cancer Advisory Cmmcil~ are
hereby transferred to the a_~encv. .
(b) (1) Except as provided In paragraph (2) of this sub-
sect_ion,:personnel, including commissioned officers of the Pub-
lic Health Service, engaged in fi~nctions transferred under
this Act shall be transferred in accordance with-applications
and regulations relating to transfer of functions.
(9) The transfer of ]~ersonnel pursuant to subsection (a)
shall be without reduction in classification or compensation
for one year after such transfer.
TP~A~SFEI~ 0~ ~UI~CTIONS
S~c. 6. (a) Excep~ ~ provided ~n sub~tion (b) ~ ~ere are
lmreby transferred to the Director all functions o~ tlm Secr~-
ta~ of Health~ Educa~on~ an~ ~e~ fare~
(1) ~th r~pect ~o and being administered by h~m through~
or in cooperation ~i~ th~ ~at~onal Institu~ of Health.
various insti~ut~ and d~visions o~ th~ ~a~ional Inst~t.ut~
Health~ ~clu~ng the National Library of ~ed~cine~ the
rcau o~ Health ~anpo~er Education~ and the various public
adv~so~ groups to such institutes and d~visions and to th~
~r~or.
(2) ~der th~ Pubic Health Servic~ ~c~ which the Di~ctor
of the Office of Management and Budget determ~es relate to
the a~inistration, conduct, and support of biomedical re-
search, biomedical communications, and the construction and
developmen~ of health r~earch faciliti~
(3) under title IX of the Public Health Se~ce Act.
(b) There are hereby transferred to the Administration of
the h~ational Cancer Authority all functions of the Secretary
of Health, Education, and Welfare ~th r~ect to and bein.g
adminis~red by him through, or ~ cooperation wifl~, the Na-
tional Cancer Institute and ~he National Cancer AdMsory
Council.
(c) t unctions tr~ferred ~ the A~mmtrator under sub-
section (b) of this section shall be carried out under the gen-
eral super~sion and dir~tion o~ the Di~tor.
FU~'CTIO~S OF T~E NATI0~AL ~-~IT~S 0F H~LTH
S~c. 7. ~n order ~o carry out the purpose of th~s ~c~ the
agency shall~
~1) carry out all ~unct~ons an~ research ac~v~es pre-
viously conducted by the ~t~onal I~t~tutes o~ He~h~
pmor to th~ ~nactment. o~ th~ A~, to~her w~th ~
p~nded, ~ntens~ed~ ~nd coordhmted r~ea~h program to
conquer cancer, h~ar~ d~s~se~ ~nd other d~d
(2~ ad~s~ the PreValent ~ith r~suec~ to the p~
o~ "b~ome~cal ~h h~ the conquest o~ £~s~a~ and
Ti55770050

5O
recommend to the President appropriate policies and
programs to foster the orderly growth and development
of biomedical research facilities and msources~ especially
in the light o~ emerging scientific opportunitie~;
(3} expeditiously utilize existing research facilities
and ~ersonnel for aceelerate~l exploration of the oppor-
tunities for cures of cancer, heart dise,~s~ and other dis-
~~.~nSeS ~n areas of special promise;
(4) encourage and coordinate hiomexlical research by
dustrial concerns where such concerns evidence a par-
ticular capability for such research ;
(5) strengthen existing cancer cente~, and establish
rmw cancer centel~ and other centers for the treatment
and cure of other diseases as needed in order to carry
out a multidisciplinarv effort for clinical ~:esearch anal
teaching, and for the" development aad demonstration
of the best. methods of treatment in such eas~s;
(6) collect, analyze, and disseminate all data ltseful
in the prevention, diagnosis, and treatment of cancer and
other diseases for professionals and for the general
public;
(7) establish or support the large-scale production of
specialized biological materials for health research and
set standards of safety and care for persons using such
materials; and
(8) support research lit the field of cance.r and other
diseases outside the United States by highly qualified
foreign nationals, collaborative research involving Amer-
ican and foreign participants and the training of Amer-
ican scientists abroad and foreign scientists in the
United States.
AD~INISTI~%TIVE PROVISION~8
S~c. 8. (a) The Director is authorized, in carrying out his
ftmctions under this .~ct, ~o~
(1) appoint and fix the compensation of personnel o~
the A~encv in accordance with the provisions of titl~ 5,
Unite~ States Code~ except that (A) to the extent the
Administrator deems such action necessary to the dis-
charge of his functions under this Act, he may appoint
not more than four hundred of the scientific, profes-
sional~ and administrative personnel o~ the Age~cy with-
out regard to provisions of such title relating to appoint-
ments in the competitive ser~ ice, of whom not less than
two hundred shall be in the ~'ational Cancer _Authority.
and nmv fix the com~ensation of such persommh ~vi~ho~t
~ard ~o the provimons of chapter 51 and subchaper
of'~chapter 53 of such title relating to pay rates, not in
excess of the highest rate paid for GS-18 of tlm Gmmral
Schedule under section 5332 of title 5 of such Code;
to the extent that the Director deems it necessary to re-
cruit specially qualified scientific and pmfe~ionally
TI5577005"~

51
qualified talent he may establish the entrance grade for
scientific and professional personnel without previous
service in the Federal Government at a level up to two
grades higher than a grade provided such personnel
under the provisions of title 5 of such Code governing
appointments in the Federal service~ and fix their com-
pensation accordingly;
(2) m~ke~ promulgate, issue, rescind, and amend rules
and regulations as may be necessary to carry out the ~unc-
tions vested in him or in the agency and delegate au-
thority to any officer or employee under .his direction or
his supervision;
(3) acquire (by purchase, lease, condemnation, or
otherwise) ~ const.ruct~ improve~ repair~ operate, and main-
rain comprehensive cancer centm~ laboratorle~, research,
and other necessary facilities and equipment, and related
accommodations as may be necessary, and such other real
or personal prope~y (including patents) as the Director
deems necessary ; to acquire by lea~ or otherwise through
the A.dministrator of General Services~ buildings or parts
of buildings in the District of Colul~bia or communities
located adjacent to the District of ( olum'bia for the use
of the agency for a period not .to ~exceed ten years without
regard to the Act of March 3.18~7 (40 U.S:C. 34) ;
(4) employ experts and consultants in accordance with
section 3109 of title 5, United States Code ;
(5) appoint on.e. or more advisory committees com-
posed of such pri~ ate citizens and officials of Federal,
St.~te, and olcal governments he deems desirable to ad-
vise him with respect to his functions under this Act;
(6) utilize, with their consent, the serrices, equipment,
personnel~ information, and facilities of other Federal.
State, and local public agencies with or without reim-
burse~ne~t therefor; "
(7) accept vohmtary and uncompensated services, not-
_w_ithst_a~ding the 1)rovisions of section (165(b) of title 31~
United States Code;
(8) accept unconditional gifts, or donations of serv-
ices. money, or property, real. persona], or mixed~ tan~-
ble ~r intangible: "
(9) witlmnt regard to section 529 of title 31. United
States Code, to enter into and perform such c~ntracts~
leases~ cooperative agree~nents, or other transactions as
may be necessary in the conduct of his functions with any
public.agency, or wit.h any person, firm, associat.ion, co-
operation, or educatmnal in~itution, and make grants
to any public agency or private nonprofit organization;
(1{}) allocate and" expe'nd, or transfer to other Federal
agencies for expendit~ire, funds made available under
this Act as he deems necessary~ including funds appro-
priate for construction, repairs, or capital improvements
and
(11) take such actions as may be re~luired ~or the ac-
complishment o~ the objectives of the a~ency.
Ti55770052

52
(b) Upon r~quest made by the Director, each Federal
agency is allthbrl~zed and directed to make its services, equip-
ment~ pbrsdnnel, facilities~ and information (including sug-
gestions,~stimates~and statistics) available to the greatest
practicable 'dxtent consistdnt~" ~:ith other, laws to the agency
in the performance of it.s functions~ with or without
reimbursement. •
(c) Each member of~a committe~' appointed pux~uant to
paragraph"(5) of subsection (a) of this section who is not an
officer or employee of the Federal Government shall receive
an amount equal to the maximum daily rate prescribed for
GS-18 under section 53~ of title 5~ United States Cod% for
each day he is engaged in the actual performance of his duties
(including trave[time) as a member of a committee. All mem-
bers shall be reimbursed for travel, subsistence~ and neces-
sary expenses incurred in the performance o~ their duties.
SAV~NGS
S~.c. 9. (a) All orders~ determinations~ rules~ regulatio~s~
permits~ contrac~s~ certificates~ licenses~ and privileges--
(1) w~ch have b~n i~ued~ made~ granted~ or allowed
to become effusive in the exere~se o~ functions ~vhich
are transf~r~d under this Act, by (A) any agency or
~nstitu~ or part thereof~ any f~ctions of which are
transferred by this Act~ or (B) any court of competent
jurisdic~on; ~d
(2) w~ch are in effect at the t~e th~
sha~ cont~ue ~n eff~t according to their terms until
~ modified~ terminated~ superseded~ set aside, or r~ealed
by the Director~ by ~y court of competent jurisdiction~
or by operation o~ law.
(b) The provisions of this Act shall not affect any proceed-
in~ pending at fl~e time this section takes effect ~efore any
agency or institu~ or part fi~ereof~ ~unctions o~ which are
transferred by this Act; but such procee~ngs to ~he extent
that they relate to function so transferred shall be continued
under the agency. Ordem shall be issued in sach proceedings,
appeals shall be taken therefrom~ and payments shall be
ma~e pursuant to such orders~ as i~ this Act had not been
enacted; and orders issued in any such ~roceeding ~all con-
tinue in effect until modified~ terminated~ supersec~d~ or re-
pealed by the Director~ by a court of competent jur]sdictiou.
or by operation of law.
(c) (1) Except as provided inparagraph
(A) the pro~sions of t~is Act shall hint affect suits
commenced prior to the date fl~is section takes effect~
and
(B) ~ all such suits pmcee~ngs shall be had~ appeals
taken~ and judgments rendemd~ in the same manner and
eff~t as if this Act had not been enacted.
No mit~ a~ion or o~er p~c~ding commenced by or
against any offi~r in his official capacity as an o~c~r of
any ag~ or in~itute, or part the~f~ fimctions o~
Ti5577005~

which are transferred by this ~kct, shall abate by. reason
of the enactment of this Act. h'o cause of action by or
against any agency or institute, or part thereof, functions
of which are transferred by this ~kct, or by or against
any officer thereof in his official capacity shall abate by
reason of the enactment of this Act. Causes of actions,
suits, or other proceedings may be asserted by or against
the United States or such official of the agency as may
be appropriate and, in any litigation pending when this
section takes effect, the court may at any time, on its own
motion or that of any part, enter an order which will give
effect to the provisions of this subsection.
('~) If before the date on which this Act takes effect, any
agency or institute, or officer thelmof in his official capacity,
is a party to a suit, and under this Act-
(A) such agency or institute, or any ~art thereo~, is
transferred to ~he :Director or the Administrator, or
(B) any function of such agency, institute, or part
thereof, or officer is transferred to the Director or the
.kdministrator. then such suits shall be continued by the
Director or the ~(dministrator, as the case may be (ex-
cept in the case of a suit not involving functions trans-
ferred to the Director or Ad~ninistrator, in which case
the suir shall be continued by the agency: institute, or
part thereof, or officer which ,~,as a pa~%y to the suit prior
to the effective date of this Act).
(d) With respect to any function transferred by this Act
and exercised after the effective date of this Act, reference
in any other Federal law to any agency, institute: or part
there~, or officer so transferred or functions of which are so
transferred shall be deemed to mean the agency or officer in
which such ~unction is ~ ested pursuant to this Act. .
, (e) In the exercise of the functions transferred under this
.,kct~ the Dh'ector and the &dministrator shall have the same
~utthoritv as that vested in the agency or institute: or part
thereof, "exercising such functions i~amediately preceding
their transfer, and his actions in exercising such ~unctions
shall have the same force and effect as when exercised by such
agency or inst itute, or part thereof.
R~PORTS
SF.c. 10. (a} The Administrator o~ the National Cancer
~kuthoritv shall, within one .~'ear after the date of his appoint-
ment, pr*epare and submi~ to the President through the
Director~ ~ational Institutes of Health. for transmittal to the
Congress~ a report containing a comprehensive plan for a na-
tional program designed to conquer cancer at the earliest
possible time. together with appropriate measures to be taken,
time schedules ~r the completion of such measures, and cost
estimates for the ma~or portions of such plan.
(b) The Director shall: as soon as practicable after the
end of each fiscal year~ make a report to the President for

54
submission to the Congress on the activities of the National
Institutes of Health during the pre~'.~ding calendar year, in-
cluding a comprehensive repor~ of the Administrator of the
Xational Cancer Authority. In addition, the report will in-
clude such information as is appropriate on the health of
the citi~ns of the United States. and the progt~ of bio-
medical re~rch h~ improving d~gnosis, treatment, cure~ and
prevention of disuse.
ADVISORY BOARD
SEC. 11. (a) There is hereby established in the Authority a
National Cancer Advisom" B~ard to be composed of eighteen
membem appointe¢!~by th'e President, by and with the advice
and consent of the ~enate. Nine of the r~embers of the Board
sha]l be scientists or physicians and nine shall be representa-
tive o:f the general pub[ic. Membe~ shall be appointed
among persons, who by virtue o~ their traiuing, experience,
and background are exceptionally qualified to-appraise the
programs ol the Authority. The ~Oirector and the Adminis-
tr~ttor shall be an ex officio member of the Board.
(b) (1) Members shall be appointed for six-year terms,
except that ol the ~nembers first appointed six ~hall be ap-
pointed lot' a term of two vears, six shall be appointed for
a term of six years as desig~ated(by the President at the time
of appointment.
(2) Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor
was appointed shall serve only ~or the remainder of such
term. Members shall be eligible ~or reappointment.and may
serve after the expiration of their terms until their sue-
cessors have taken office.
(3) A vacancy in the Board shall not affect its activities
and eleven mem6ers thereof shall constitute a quorum.
(c) The Board shall biannually elect one of the appointed
members to serve as Chairman for a term of two yenrs.
(d) The Board shall meet at the call of the Chairman but
not less than four times a year and shall advise and assist the
National Cancer Authority in the development and execu-
t ion of the program.
(e) The Administrator of the Authority shall designate a
member of the .staff of the Authority t~ act as Executive
Secretary of the Board.
(f) The Board may hold such hearings, take such testi-
and sit a~d act'at such times and places as the Board
m~V,de~ n'~s advisabh to investigate pr%rams,~,, and activities of the
Authority.
(g) T[u, Board shall perform all of the :functions of the
Xatiomd Canct, r Advisory Council. which are hereby trans-
fmuvd to it.
(h) The Board ~hal] submit a report to the Ptvsident for
transmittal to the ( ongress not later than January ,31 of each
year on the progress of the Authority toward the accomp]islx-
hwnt of its objectives.
-I-155770055

55
(i) The Board shall supersede the existing National Ad-
visory Cancer Councih and the membe~ of the Council serv-
ing on the effective date of this Act shall serve as additional
members of the Board for the duration of their present terms,
or for such shorter duration as the President may prescribe.
(j) ~lembers of the Board who are not officers o~" elnployees
o~ the United States shall receive compensation at rntes not
to exceed the daily rate prescribed ~or GS-18 under section
~3~2, title 5. United States Code. for each dav they are
~ nga~ed in the actual performance o~ their dutie~, incl~iding
traveltime, and whi|e so serving away from their homes or
regular places of busine~ they may be alowed travel ex-
penses, including per diem in lieu of subsistence, in the same
manner as the expenses authorized by section 5703, title 5,
United States Code. for pe~ons in the Government service
employed intermittently.
(k) The Administrator shall make available to the Board
such staff, information, and other assistance as it may require
to carry out its activities.
C0:~][PE~'SATION OF THE DIRECTO~. AD.~IL~rISTRATOR.~ DEPL~TY DIREC-
TORS THE DEP~ AD~INIS~A~R~ GENERAL co~rNSEL. AND
.kSSOi'IA'rE DIRE~'ORS
S~=c. 1°- (a) Section 5313 of title 5, United States Code. is
amended by adding at the end thereof the following new
paragraph "-
"(~1) Director. National Institutes of I-][ealth.:"
~. tates
(b) Section 5314 o~ title 5. United ~ Code, is amended
b3" adding at the end thereof the followi~ng new paragraphs:
"(56) Deputy Director ~or C~mcer. National Institutes o~
I-[ealth, the inc~nnbent of which also serves as the Adminis-
trator. National Cancer Authority.
"(57) Deputy Director for Science. National Institutes of
Health."
(c) Section 5316 of title 5, United States Code, is amended
by adding at the ehd thereo~ the ~ollowing new paragraphs :
"(131) General Counsel. National Institutes of Health,
"(13~) Associate I)irect~rs of the National Institutes of
Health (five),
"(133) Deputy Administrator, National Cancer Au-
thority:'.
DEFINITION S
S~c. 13. For the purposes of this Act~
(1) "Administrator" means the Administrator of the
National Cancer Authority;
(2) "agency" means the National Institutes of
IIealth;
(3) "Authority" means the National Cancer Au-
thority ;
(4) "Board:~ means National Cancer AdvismT
Board ;

(5) .".cancer center': means such cancer research facili-
ties. as the &dministrator determines ~re appropri~ to
c~n~" out the purposes of this Act. incl~ding laboratory
Rnd'r~rch ~Rcilities RRd such p~tieR~ ~ ~scilities
as are n~sery ~or ~he development end demoi~tr~ion
of the b~ me~ho~ oI treatment of pstien~ with cRn~r~
bu~ does not include extensive patient care lac~ities, not
comlec~ed with the derelopmen~ o~ and demonstration
o~ such methods~
(6) "construction" includ~ purdmse or lea~ o~ prop-
ert~: design~ erec~ion~ and equ~pph~g of new building;
alteration, major repair (to the extent permitted by
rem~latio,{s), remodeliug and ~novation of existin~
buildings (including initial equipment thereof) ; und
placement of obsolete~ built-ia (as determined in accord-
ance ~vith rsgulations) equipment o~ existing buildings;
(7) "Dir~c~r" means Director~ National Inst.itut~
Health:
(8) ~function" includes power and duty;
(9) "F~eral agency" means any del)a~tment~ agency~
or mdep~dent ~tsblishment of the executire branch of
tim Government including any wholly owned Govern-
ment corporation.
AUVHO~Z*~O~ O~ ~Pr~O~A~XO.XS
S~.c. 14. For the purpose o~ carrying out any of the pro-
gram% functions~ or activities authorized by this Act~ there
are authorized to be appropriated for eact(fiscal year such
sums as may be necessary.
~.FFEOTI-tr~ DATE
Szc. 15., (a) This Act, other than this section~ shall take
affect s~xt.~ days a~er its date of enactment or on such prior
date afte,: the enactmsnt of th~ Act as the P~[dsnt shall
pr~cribe and publish in the Federal Register. '
(b) Notwithstanding subsection (a), any of the officers
provided for in sections 8 and 4 may be appo{nted in the ~an-
net provided for in this Act. at any time after the date of
enactment of this Act. Suct{ officers shall be compensated
from the date they first take offic% at the rates provided '~or
in this Act. Such compensation and related expenses o~ their
office,s shall be paid ~rom funds available for the functions
to be transferred to the agency pumuant to t~is Act.
~ecHo~ ~ : F~gs a~ ~ur£ose.
Fi~gs: Sk~ilar to sxistmg language of S. 84 except
lsn~a~ expand~ to include other ~ase ~dth p~ority
maintained ~r cancer.
T155770057

57
Pu~os~: To establish the National ~ns~itut~s of
~ an independent ag~cy ~ ~e U~ed S~a~ and w~
the Nationa~ Caner
by ~ ~dm~s~ra~r~ who ~a]l a]~ b~ ~De~ty Di~c~or for
Caner of N~ (Grade IH). ~x~pt ~or dual title lan~ag%
all other lan~a~ ~ identical to S. ~4.
~ec~ ~: ~bl~ o~ ~e Na~io~ I~u~es o/
Healt~ ~ a~ i~e~e~e~ Age~y. Provides ~or Pr~iden~isl
~ppointmen~ of D~rec~r o~ NIH(Gr~de ~I), Deputy Dire-
tot for Cancer (Administrant o~ National Caner Author-
ity) (Grade III)~ a Deputy Dir~r ~or Science (Grade
III), General Counsel and up to five Associate Directom
(all ~ad~ V). Agency includ~ all existing institutes (other
than National Cancer.Institute which is absorbed by the
National Cancer Authority ~tablished in S~ction 8)~ the
Bureau of Health Manpower~ divisio~ the National Library
of Medicin% the Regional MedicM Pro~ams, and such other
units ~ the ~rec~r de,ermines to be necessary (for exam-
ple, the Foga~y International Center). .
Secti~ 5: Tra~s]~rs ~om the De~ar~e~ o/
Ed~ca~io~ & Welfare to I~pe~$ N.I.H. Provides for
th~ tra~mfer of appropriate employees~ assets~ e~c. from
HEW to an independent
Seetlo~ 6: Tr~vr o~ H.E.W. F~t~ to Na~ona~
Ga~s~" Au~5~i~y. (a) Related functions of Secretary of
~EW are tra~ferred ~ Director of NIH. (b) Functions of
~ecretary for National Cancer Institute and Advisory Co~-
cil are transferred to the Administrator of the National Can-
cer Authority.
Section 7: Functi~s of the Na~'~al I~t~$u~es of ]Iealt7~.
Languag~ with emph~is on cancer restates existing
au~ority.
~ec~ion 8: Admlnlstrat~ve Provisions. Allows Director of
XIH to appoint 400 persons to supergrades with not less
than 200 within National Cancer Authority. S. 34 now pro-
vides 200 super~rades ~or ~ational Cancer Authority.
(Xote: at present~*II~ has 180 supergrades authorized 30 of
which are for NCI)
(Xote other provisions of Section 8 are routine and identi-
cal to S.
Sectio~ 9: Savings P~ovisi~s. Thee are routine technical
provisions to iusure a smooth transition.
Sec~ 10: Report. (a) The Administrator of the
tional Cancer Authority is required within one year to report
to the President and Congress with a nationa~ program de-
signed to conquer cancer. This langnage is identical to S.
(section 9) except the report is made'through the Director
of
(b) The Director of NIH is requitvd to report ammally
to the President ~d Con~ on the activities of NIH. This
~port must ~clude a comprehensive report of the Admin-
istrator of the National Cancer Authofi~'.
TI55770058

58
~¢gt.i~n 11 : National Oance~" Adt:i~.ory Board. Th~. p~-
vi~ for t~ Boar~ are i~e~cal qf ~. ~4 ~xc~.pt for, the
additiou of su~ection (g) @~ich follo~s.the r~o~nenda-
tio~t of the h'ational Panel of" Co~ul~a~ on the Conqu~t
of Caa{~r that it bemade clear by statute ~hst the ~ew Board
~me all t~e ~nctio~ O~ the pl~ Advisory ~uncil, plus
tfe function elsewhere provided in S~tion 11.
~eeti~ 1~ : O~mpe~a~ of the Di~r, Administrator.
De~ugy D~recto~ s, the Deity Admin.istrator,
sel a~ A~sooiate Di~ectm's.
Director NI~ (:Executive Grnde II).
Deputy Director ~or Cancer/Administrtttor, ~'ational Can-
eer Authority (Executive Grade III).
Deputy Director £or Seiet~ce h'IH (Executive Grade III).
Gener~l Counsel ~ (Executive Grade
Associate Directors ~IH (Executive Gx'~fle IV).
Deputy Administrator h'GA (Executive Grnde
~evtion 13 ~ Defin~s.
Section 1~ : A.uthorlzatio~ o ~ A pp~'oprlat~.~. This s~tion
continnes existing NIH ~ppropri~tions ~uthori~tions with-
out limit as to time or money.
Secti~ 16: Effeati~e Date.
Ti55770059
