Title 42The Public Health and WelfareRelease 119-73

§285a–13 Scientific framework for recalcitrant cancers

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER III— - NATIONAL RESEARCH INSTITUTES › Part Part C— - Specific Provisions Respecting National Research Institutes › Subpart subpart 1— - national cancer institute › § 285a–13

Last updated Apr 6, 2026|Official source

Summary

The Director of the Institute must create a short scientific plan for each recalcitrant cancer. Each plan must summarize what is known about preventing, finding, and treating the cancer; explain the biology and how it is like or different from other cancers; and describe how common it is. The plan must point out new scientific ideas, list the kinds of researchers available, say how to coordinate research with other agencies and partners, and note useful public and private resources like patient registries and tissue banks. It must name research questions that are not solved and recommend actions and measurable goals to fix them, including steps to train or recruit experts, build partnerships, and create or strengthen resources. The Director must finish each plan within 18 months after January 2, 2013, review and update it within 5 years, may update it sooner if needed, and must send it to certain House and Senate committees and post it on the Department of Health and Human Services website within 30 days of completion. The Director must form a working group of federal and non‑federal experts to help and must join their meetings. Within 6 months after January 2, 2013, the Director must pick at least two cancers that have a 5‑year relative survival rate under 20 percent and that are estimated to cause at least 30,000 U.S. deaths a year. The Director can add other recalcitrant cancers later and may use other measures. The NIH Director must include progress on each plan in the biennial report, including grants awarded and changes in survival rates, and must send Congress a report on each plan’s effectiveness within 6 years after the plan was first made. The plans must be considered when recommending special funding. The law defines “recalcitrant cancer” as a cancer with a five‑year relative survival rate below 50 percent.

Full Legal Text

Title 42, §285a–13

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)For each recalcitrant cancer identified under subsection (b), the Director of the Institute shall develop (in accordance with subsection (c)) a scientific framework for the conduct or support of research on such cancer.
(2)The scientific framework with respect to a recalcitrant cancer shall include the following:
(A)(i)A summary of findings from the current literature in the areas of—
(I)the prevention, diagnosis, and treatment of such cancer;
(II)the fundamental biologic processes that regulate such cancer (including similarities and differences of such processes from the biological processes that regulate other cancers); and
(III)the epidemiology of such cancer.
(ii)The identification of relevant emerging scientific areas and promising scientific advances in basic, translational, and clinical science relating to the areas described in subclauses (I) and (II) of clause (i).
(iii)A description of the availability of qualified individuals to conduct scientific research in the areas described in clause (i).
(iv)The identification of the types of initiatives and partnerships for the coordination of intramural and extramural research of the Institute in the areas described in clause (i) with research of the relevant national research institutes, Federal agencies, and non-Federal public and private entities in such areas.
(v)The identification of public and private resources, such as patient registries and tissue banks, that are available to facilitate research relating to each of the areas described in clause (i).
(B)The identification of research questions relating to basic, translational, and clinical science in the areas described in subclauses (I) and (II) of subparagraph (A)(i) that have not been adequately addressed with respect to such recalcitrant cancer.
(C)Recommendations for appropriate actions that should be taken to advance research in the areas described in subparagraph (A)(i) and to address the research questions identified in subparagraph (B), as well as for appropriate benchmarks to measure progress on achieving such actions, including the following:
(i)Ensuring adequate availability of qualified individuals described in subparagraph (A)(iii).
(ii)Promoting and developing initiatives and partnerships described in subparagraph (A)(iv).
(iii)Developing additional public and private resources described in subparagraph (A)(v) and strengthening existing resources.
(3)(A)For each recalcitrant cancer identified under subsection (b)(1), the Director of the Institute shall—
(i)develop a scientific framework under this subsection not later than 18 months after January 2, 2013; and
(ii)review and update the scientific framework not later than 5 years after its initial development.
(B)The Director of the Institute may review and update each scientific framework developed under this subsection as necessary.
(4)With respect to each scientific framework developed under subsection (a), not later than 30 days after the date of completion of the framework, the Director of the Institute shall—
(A)submit such framework to the Committee on Energy and Commerce and Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and Committee on Appropriations of the Senate; and
(B)make such framework publically available on the Internet website of the Department of Health and Human Services.
(b)(1)Not later than 6 months after January 2, 2013, the Director of the Institute shall identify two or more recalcitrant cancers that each—
(A)have a 5-year relative survival rate of less than 20 percent; and
(B)are estimated to cause the death of at least 30,000 individuals in the United States per year.
(2)The Director of the Institute may, at any time, identify other recalcitrant cancers for purposes of this section. In identifying a recalcitrant cancer pursuant to the previous sentence, the Director may consider additional metrics of progress (such as incidence and mortality rates) against such type of cancer.
(c)For each recalcitrant cancer identified under subsection (b), the Director of the Institute shall convene a working group comprised of representatives of appropriate Federal agencies and other non-Federal entities to provide expertise on, and assist in developing, a scientific framework under subsection (a). The Director of the Institute (or the Director’s designee) shall participate in the meetings of each such working group.
(d)(1)The Director of NIH shall ensure that each biennial report under section 283 of this title includes information on actions undertaken to carry out each scientific framework developed under subsection (a) with respect to a recalcitrant cancer, including the following:
(A)Information on research grants awarded by the National Institutes of Health for research relating to such cancer.
(B)An assessment of the progress made in improving outcomes (including relative survival rates) for individuals diagnosed with such cancer.
(C)An update on activities pertaining to such cancer under the authority of section 285a–2(b)(7) of this title.
(2)For each recalcitrant cancer identified under subsection (b)(1), the Director of the Institute shall, not later than 6 years after the initial development of a scientific framework under subsection (a), submit a report to the Congress on the effectiveness of the framework (including the update required by subsection (a)(3)(A)(ii)) in improving the prevention, detection, diagnosis, and treatment of such cancer.
(e)The Director of the Institute shall consider each relevant scientific framework developed under subsection (a) when making recommendations for exception funding for grant applications.
(f)In this section, the term “recalcitrant cancer” means a cancer for which the five-year relative survival rate is below 50 percent.

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Citation

42 U.S.C. § 285a–13

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73