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90_HB3252
New Act
30 ILCS 105/5.480 new
Creates the Cancer Research Act. Creates the Cancer
Research Program to be administered by the Department of
Public Health through grants to private, public, or
non-profit organizations, to fund innovative and creative
cancer research, with a special emphasis on research that
complements, rather than duplicates, the research funded by
the federal government and other entities. Creates the
Cancer Research Council, to be appointed by the Director of
the Department of Public Health, which will determine who
receives the grants, based on criteria in the Act. Requires
the Department to submit a report to the General Assembly on
December 31, 1998 and each December 31 thereafter on grants
made, grants in progress, program accomplishments, and future
program directions.
LRB9009309SMdvA
LRB9009309SMdvA
1 AN ACT regarding cancer research.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Cancer Research Act.
6 Section 5. Legislative findings; intent. The
7 Legislature finds and declares that decades after the war on
8 cancer was declared, it remains an insidious killer of
9 Illinoisans. Simultaneously, cancer absorbs millions of
10 dollars from Illinois' economy through health care costs, and
11 takes an horrendous toll on the personal lives of citizens.
12 It is the intent of the General Assembly, through
13 implementation of this Act, to establish a program for the
14 conduct of research regarding the prevention, cure,
15 diagnosis, and treatment of cancer.
16 Section 10. Definitions. When used in this Act, unless
17 the context otherwise requires:
18 "Cancer research" means research with respect to the
19 cause and prevention, cure, diagnosis, and treatment of
20 cancer, including, but not limited to, intramural and
21 extramural research in the fields of biomedical science and
22 engineering, economics, epidemiology, diet and lifestyle,
23 public health, and technology development and translation,
24 with emphasis on noninvasive treatments.
25 "Council" means the Cancer Research Council established
26 pursuant to Section 20.
27 "Department" means the Illinois Department of Public
28 Health.
29 "Grantee" means any qualifying public, private, or
30 nonprofit agency or individual, including, but not limited
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1 to, colleges, universities, hospitals, laboratories, research
2 institutions, local health departments, voluntary health
3 agencies, cancer registries, health maintenance
4 organizations, publicly traded or private corporations,
5 students, fellows, entrepreneurs, and individuals conducting
6 research in this State. A grantee may also be a corporation
7 that is headquartered in Illinois and that will conduct a
8 substantial majority of the grant's research in this State.
9 "Indirect costs" includes use allowance for research
10 facilities, heating, lighting, library services, health and
11 safety services, project administration, and building
12 maintenance, as defined by federal cost accounting guidelines
13 for federally sponsored research.
14 "Program" means the Cancer Research Program.
15 Section 15. Cancer Research Program established. There
16 is hereby created the Cancer Research Program to be
17 administered by the Department in a manner that will ensure
18 the participation of both private sector and public research
19 organizations. The Department may contract with nonprofit
20 organizations, foundations, or public entities to administer
21 the program. It is the intent of the General Assembly that
22 this program incorporate the principles and organizational
23 elements set forth in this Act, including, but not limited
24 to, a research program office with a director and other
25 essential staff, a cancer research council, and a research
26 peer review panel.
27 Section 20. Cancer Research Council. There is created
28 the Cancer Research Council consisting of 15 members
29 representing a range of expertise and experience.
30 (a) The members shall be appointed as follows:
31 (1) Nine members appointed by the Director of the
32 Department from persons recommended by relevant
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1 organizations, as follows:
2 (A) One member drawn from a cancer survivor
3 group or cancer-related advocacy group.
4 (B) Five members drawn from the ranks of
5 scientists or clinicians, 2 from public universities
6 or research organizations, and 3 from private
7 universities or research organizations. The
8 scientists shall have expertise in one or more of
9 the various fields of cancer research.
10 (C) One member who is a practicing cancer
11 medical specialist from a health organization with a
12 commitment to cancer research and control.
13 (D) Two members from private industry with an
14 interest in cancer research and control, including,
15 but not limited to, entrepreneurs or persons from
16 the science or high technology industry.
17 (2) Three members appointed by the Director of the
18 Department from persons nominated by the President of the
19 Senate as follows:
20 (A) One member drawn from a cancer survivor
21 group or cancer-related advocacy group.
22 (B) One member drawn from a health
23 organization.
24 (C) One member drawn from private industry
25 with an interest in cancer research or control.
26 (3) Three members appointed by the Director of the
27 Department from persons nominated by the Speaker of the
28 House of Representatives as follows:
29 (A) One member drawn from a cancer survivor
30 group or cancer-related advocacy group.
31 (B) One member drawn from a health
32 organization.
33 (C) One scientist or clinician who has
34 expertise in one or more of the various fields of
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1 cancer research.
2 (b) Members of the Committee shall not be compensated
3 but shall be reimbursed for expenses actually incurred in the
4 performance of their duties. No more than 8 voting members
5 may be of the same political party. Vacancies shall be
6 filled in the same manner as original appointments.
7 (c) All appointments shall be for a term of 4 years,
8 except that, for purposes of the initial appointments, the
9 Director of the Department shall appoint 5 members to 4 year
10 terms, 5 members to 3 year terms, and 5 members to 2 year
11 terms. Each of those groups of 5 members shall include 3
12 members appointed under subdivision (a)(1), one member
13 appointed under subdivision (a)(2), and one member appointed
14 under subdivision (a)(3).
15 Section 25. Operation of the program.
16 (a) The Cancer Research Program shall incorporate the
17 principles and organizational elements set forth in this Act,
18 including, but not limited to, a research program office with
19 a director and other essential staff, a research council, and
20 a research peer review panel. No more than 10% of the annual
21 allocation for this program, up to a maximum $500,000, shall
22 be expended annually for the total administrative costs of
23 the program. Administrative costs shall be kept to a strict
24 minimum.
25 (b) The program shall be administered pursuant to the
26 following principles:
27 (1) The Department shall work in close
28 collaboration with the council and seek the advice of the
29 council before taking an action different from an action
30 recommended by the council.
31 (2) The council shall participate in the
32 development of the strategic objectives and priorities of
33 the program based on the intent of this Act and advise on
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1 what and how many research grants should be funded based
2 on the research priorities that are established for the
3 program and the technical merits of the proposals as
4 determined by the peer review panels.
5 (3) The research priorities shall reflect, and the
6 program shall fund, innovative and creative research,
7 with a special emphasis on research that complements,
8 rather than duplicates, the research funded by the
9 federal government and other entities.
10 (4) All research funds shall be awarded on the
11 basis of the priorities established for the program,
12 statutorily or by the council, and the scientific merit
13 and clinical applicability of the proposed research, as
14 determined by an open, competitive peer review process
15 that ensures objectivity, consistency, and high quality.
16 All investigators, regardless of affiliation, shall have
17 equal access and opportunity to compete for program
18 funds.
19 (5) The peer review process for the selection of
20 research grants awarded under this program shall be
21 generally modeled on that used by the National Institute
22 of Health in its grantmaking process, including the
23 appeals process, but shall reflect in composition the
24 creativity and diversity called for in this Act and in
25 the research priorities established in this Act and by
26 the council.
27 (6) A grantee shall be awarded grants for both
28 direct and indirect costs of conducting the sponsored
29 research consistent with those federal guidelines
30 governing all federal research grants and contracts. All
31 intellectual property assets developed under this program
32 shall be treated in accordance with State and federal
33 law.
34 (7) In establishing research priorities, the
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1 council shall consider a broad range of
2 cross-disciplinary cancer research, including, but not
3 limited to, research into the cause and prevention, cure,
4 diagnosis, and treatment of cancer, emphasizing
5 gender-specific cancers, based on magnitude of incidence
6 and mortality, that have not previously received State
7 funding.
8 Section 30. Duties of the Department under the
9 program. The Department shall do all of the following:
10 (a) Provide overall coordination of the program.
11 (b) Provide staff assistance to the program and council.
12 (c) Develop administrative procedures relative to the
13 solicitation, review, and awarding of grants to ensure an
14 impartial, high quality peer review system.
15 (d) Recruit and supervise research review panels. The
16 membership of these panels shall vary depending on the
17 subject matter of proposals and review requirements, and
18 shall draw on the most qualified individuals. The work of
19 the review panels shall be administered pursuant to policies
20 and procedures established for the implementation of the
21 program. In order to avoid conflicts of interest and to
22 ensure access to qualified reviewers, the Department may
23 utilize reviewers not only from Illinois but also from
24 outside the State. When serving on review panels,
25 institutions, corporations, or individuals who have submitted
26 grant applications for funding by this program shall be
27 governed by conflict of interest provisions consistent with
28 Section 52h.5 of Title 42 of the Code of Federal Regulations
29 governing scientific review of research grant applications,
30 and any applicable conflict of interest provisions in State
31 law. Any appointed member of the Cancer Research Council
32 shall be ineligible to apply for or receive funding for
33 cancer research from the Cancer Research Program during his
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1 or her term of service on the council, and for one cycle
2 immediately following his or her term of service on the
3 council, if the council member helped plan that subsequent
4 cycle.
5 (e) Provide for periodic program evaluation to ensure
6 that research funded is consistent with program goals.
7 (f) Disseminate grant moneys within 60 days of
8 notification of the award and maintain a system of financial
9 reporting and accountability.
10 (g) Provide for the systematic dissemination of research
11 results to the public and the health care community,
12 including work to produce public service advertising on
13 screening and research results, and provide for a mechanism
14 to disseminate the most current research findings in the
15 areas of cause and prevention, cure, diagnosis, and treatment
16 of cancer, in order that these findings may be applied to the
17 planning, implementation, and evaluation of any
18 cancer-related programs of the Department.
19 (h) Develop policies and procedures to facilitate the
20 translation of research results into commercial, alternate
21 technological, and other applications wherever appropriate
22 and consistent with State and federal law.
23 (i) Transmit, on or before December 31, 1998, and
24 annually on or before each December 31 thereafter, a report
25 to the General Assembly on grants made, grants in progress,
26 program accomplishments, and future program directions. Each
27 report shall include, but not be limited to, all of the
28 following information:
29 (1) The number and dollar amounts of research grants,
30 including the amount allocated to indirect costs.
31 (2) The subject of research grants.
32 (3) The relationship between federal and State funding
33 for cancer research.
34 (4) The relationship between each project and the
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1 overall strategy of the research program.
2 (5) A summary of research findings, including discussion
3 of promising new areas.
4 (6) The corporations, institutions, and campuses
5 receiving grant awards.
6 Section 35. Responsibilities of the council. The
7 responsibilities of the council shall include, but not be
8 limited to, all of the following:
9 (a) Development and review of the strategic objectives
10 and research priorities of the program.
11 (b) Delineation of resource allocation across the
12 various priorities established for the program.
13 (c) Participation in periodic program and financial
14 review, including the report transmitted pursuant to
15 subdivision (i) of Section 30.
16 (d) Development and review of guidelines to ensure
17 fairness, neutrality, and adherence to the principles of
18 merit and quality in the conduct of the program.
19 (e) Development of appropriate linkages to nonacademic
20 entities, including, but not limited to, voluntary
21 organizations, health care delivery systems, industry,
22 government agencies, research entrepreneurs, and public
23 officials.
24 (f) Development and review of criteria and standards for
25 granting awards.
26 (g) Oversight and review of the request for applications
27 (RFA).
28 (h) Review of research review panel reports and
29 recommendations for grant awards.
30 (i) Make recommendations relating to the grants that are
31 to be awarded.
32 (j) Development and review of oversight mechanisms for
33 the dissemination of research results.
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1 (k) Development and review of policies and liaison
2 programs to facilitate the translation of research results
3 into commercial, alternate technological, or other
4 applications wherever appropriate.
5 (l) Establishment of its own internal rules of
6 operation.
7 (m) Participation in the identification and recruitment
8 of scientists with relevant expertise for possible
9 participation in a peer review panel. The council may
10 propose to assign a member of the council to sit as a
11 nonvoting member of the peer review panels.