MEMORANDUM

From: Roger G. Worthington, Esq.
Founding Director
Mesothelioma Applied Research Foundation, Inc.
To: Mr. Kevin O'Scannlain
Office of Senator Orrin G. Hatch
104 Hart Office Building
Washington, DC 20510
Cc Ms. Rebecca Seidel
Date April 8, 2003

Re: Creation of Mesothelioma Research and Treatment Program: "The Asbestos Claims Criteria and Compensation Act," S. 413

SEC. 417E. MESOTHELIOMA TREATMENT PROGRAMS.

(a) GENERAL-The Director of the NIH, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly create and administer a National Mesothelioma Research and Treatment Program (NMRT), for the purpose of investigating and advancing the detection, prevention, treatment and cure of malignant mesothelioma, a cancer which disproportionately afflicts veterans of the United States armed forces.

The NMRT shall include a Medical Advisory Board, consisting at a minimum of eight (8) medical and scientific experts and two (2) patient advocates. The purpose of the Board (MAB) is to make recommendations to the Director of the NIH, the Secretary of Veterans Affairs and the Secretary of Defense regarding the merits of research applications and initiatives - including applications for designation as a MIRE as provided in section (b) below, as well as the research and educational priorities of the NMRT.

(b) MIREs.-The Director of the NIH, the Secretary of Veterans Affairs and the Secretary of Defense shall provide through the NMRT $2,500,000 for each of fiscal years 2004 through 2008 for up to ten (10) Mesothelioma Institutes for Research Endeavors (MIREs) similar to the NIH's Specialized Programs of Research Excellence (SPOREs). These are to be chosen through competitive peer review application, and announced with a "Request for Applications" (RFA). If less than 10 Centers are chosen, the remaining funds will be used to extend the period of support for the MIREs beyond the 5 years mandated by this bill and not for any other purpose. The MIREs should develop programs to address the priorities and issues described in subsection (c) below.

(c) RESEARCH PRIORITIES. - The Mesothelioma Institutes for Research Endeavors will:

(1) be geographically distributed throughout the U.S. with special consideration given to areas of high incidence of asbestos-related disease;

(2) be closely associated with Veterans Affairs hospitals so as to provide research benefit and care to U.S. armed forces veterans who have suffered excessively from asbestos-related malignant disease;

(3) be engaged in research to provide mechanisms for detection and prevention of mesothelioma, palliation of the disease symptoms -- particularly in the area of pain management, as well as a cure for mesothelioma;

(4) be engaged in public education about asbestos-related malignant diseases and prevention, screening, and treatment.

(5) be full participants in the National Mesothelioma Registry as described in subsection (c) below.

(6) coordinate their research efforts with the other MIREs, and encourage non-MIRE investigators and institutions involved in exemplary mesothelioma research to partner in their research efforts with one or more of the MIREs.

(d) MESOTHELIOMA REGISTRY AND TISSUE BANK.-The Director of the NIH, the Secretary of Veterans Affairs and the Secretary of Defense shall provide $2,000,000 for each fiscal years 2004 through 2008 for the creation, maintenance and operation of a National Mesothelioma Registry and Tissue Bank. The Registry will develop an informational system that addresses the issues described in subsection (e) and the Tissue Bank will address the issues described in subsection (f) below. At least $500,000 of the total $2,000,000 per year shall be allocated for the collection and maintenance of tissue specimens. The director of the registry will be chosen preferably from among the MIREs awarded under (b) above.

(e) Purpose and Operation of Registry.-The Registry must satisfy the following criteria:

(1) Input of data to the registry must be accessible through the internet;

(2) Whether through the internet or otherwise, inclusion of data in the Registry must be available for all mesothelioma patients and physicians throughout the U.S.;

(3) The registry must respect patient confidentiality and adhere to all patient privacy laws and regulations;

(4) The Registry must collect data regarding symptoms, pathology, evaluation, treatment, outcomes, and quality of life;

(5) Each and every MIRE must participate in the Registry; and

(6) After insuring that patient privacy will be absolutely protected, the Registry must provide data to approved researchers who apply for such data in order to further the understanding, prevention, screening, diagnosis, and/or treatment of malignant mesothelioma.

(f) Purpose and Operation of Tissue Bank.-The Tissue Bank must satisfy the following criteria:

(1) Inclusion of tissue in the Bank must be available to all mesothelioma patients and physicians throughout the U.S.;

(2) Each and every MIRE must participate in the Tissue Bank;

(3) The Bank must include pre- and post-treatment blood (serum and blood cells) specimens as well as tissue specimens from biopsies and surgery;

(4) The Bank must be linked to clinical data regarding the specimens in such a manner as to adhere to all patient privacy laws and regulations; and

(5) After insuring that patient privacy will be absolutely protected, the Bank must supply tissue samples to approved researchers who apply for such data in order to further the understanding, prevention, screening, diagnosis, and treatment of malignant mesothelioma.

(g) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this section $27,000,000 for each of fiscal years 2004 through 2008.

*** POSTED APRIL 10, 2003 ***