II

106TH CONGRESS

1ST SESSION S. 1110

To amend the Public Health Service Act to establish the National Institute

of Biomedical Imaging and Engineering.

IN THE SENATE OF THE UNITED STATES

MAY 24, 1999

Mr. LOTT introduced the following bill; which was read twice and referred to

the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Public Health Service Act to establish the

National Institute of Biomedical Imaging and Engineering.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Institute of

5 Biomedical Imaging and Engineering Establishment Act’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) Basic research in imaging, bioengineering,

9 computer science, informatics, and related fields is

10 critical to improving health care but is fundamen-
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1 tally different from the research in molecular biology

2 on which the current national research institutes at

3 the National Institutes of Health (referred to in this

4 section as the ‘‘NIH’’) are based. To ensure the de5 velopment of new techniques and technologies for

6 the 21st century, these disciplines therefore require

7 an identity and research home at the NIH that is

8 independent of the existing institute structure.

9 (2) Advances based on medical research prom10 ise new, more effective treatments for a wide variety

11 of diseases, but the development of new, noninvasive

12 imaging techniques for earlier detection and diag13 nosis of disease is essential to take full advantage of

14 such new treatments and to promote the general im15 provement of health care.

16 (3) The development of advanced genetic and

17 molecular imaging techniques is necessary to con18 tinue the current rapid pace of discovery in molec19 ular biology.

20 (4) Advances in telemedicine, and teleradiology

21 in particular, are increasingly important in the deliv22 ery of high quality, reliable medical care to rural

23 citizens and other underserved populations. To fulfill

24 the promise of telemedicine and related technologies

25 fully, a structure is needed at the NIH to support
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1 basic research focused on the acquisition, trans2 mission, processing, and optimal display of images.

3 (5) A number of Federal departments and

4 agencies support imaging and engineering research

5 with potential medical applications, but a central co6 ordinating body, preferably housed at the NIH, is

7 needed to coordinate these disparate efforts and fa8 cilitate the transfer of technologies with medical ap9 plications.

10 (6) Several breakthrough imaging technologies,

11 including magnetic resonance imaging (MRI) and

12 computed tomography (CT), have been developed

13 primarily abroad, in large part because of the ab14 sence of a home at the NIH for basic research in

15 imaging and related fields. The establishment of a

16 central focus for imaging and bioengineering re17 search at the NIH would promote both scientific ad18 vance and U.S. economic development.

19 (7) At a time when a consensus exists to add

20 significant resources to the NIH in coming years, it

21 is appropriate to modernize the structure of the

22 NIH to ensure that research dollars are expended

23 more effectively and efficiently and that the fields of

24 medical science that have contributed the most to
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1 the detection, diagnosis, and treatment of disease in

2 recent years receive appropriate emphasis.

3 (8) The establishment of a National Institute of

4 Biomedical Imaging and Engineering at the NIH

5 would accelerate the development of new tech6 nologies with clinical and research applications, im7 prove coordination and efficiency at the NIH and

8 throughout the Federal Government, reduce duplica9 tion and waste, lay the foundation for a new medical

10 information age, promote economic development, and

11 provide a structure to train the young researchers

12 who will make the pathbreaking discoveries of the

13 next century.

14 SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIO15 MEDICAL IMAGING AND ENGINEERING.

16 (a) IN GENERAL.—Part C of title IV of the Public

17 Health Service Act (42 U.S.C. 285 et seq.) is amended

18 by adding at the end the following:

19 ‘‘Subpart 18—National Institute of Biomedical Imaging

20 and Engineering

21 ‘‘SEC. 464Z. PURPOSE OF THE INSTITUTE.

22 ‘‘(a) IN GENERAL.—The general purpose of the Na23 tional Institute of Biomedical Imaging and Engineering

24 (in this section referred to as the ‘Institute’) is the conduct

25 and support of research, training, the dissemination of
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1 health information, and other programs with respect to

2 biomedical imaging, biomedical engineering, and associ3 ated technologies and modalities with biomedical applica4 tions (in this section referred to as ‘biomedical imaging

5 and engineering’).

6 ‘‘(b) NATIONAL BIOMEDICAL IMAGING AND ENGI7 NEERING PROGRAM.—

8 ‘‘(1) ESTABLISHMENT.—The Director of the

9 Institute, with the advice of the Institute’s advisory

10 council, shall establish a National Biomedical Imag11 ing and Engineering Program (in this section re12 ferred to as the ‘Program’).

13 ‘‘(2) ACTIVITIES.—Activities under the Pro14 gram shall include the following with respect to bio15 medical imaging and engineering:

16 ‘‘(A) Research into the development of new

17 techniques and devices.

18 ‘‘(B) Related research in physics, engineer19 ing, mathematics, computer science, and other

20 disciplines.

21 ‘‘(C) Technology assessments and out22 comes studies to evaluate the effectiveness of

23 biologics, materials, processes, devices, proce24 dures, and informatics.
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1 ‘‘(D) Research in screening for diseases

2 and disorders.

3 ‘‘(E) The advancement of existing imaging

4 and engineering modalities, including imaging,

5 biomaterials, and informatics.

6 ‘‘(F) The development of target-specific

7 agents to enhance images and to identify and

8 delineate disease.

9 ‘‘(G) The development of advanced engi10 neering and imaging technologies and tech11 niques for research from the molecular and ge12 netic to the whole organ and body levels.

13 ‘‘(H) The development of new techniques

14 and devices for more effective interventional

15 procedures (such as image-guided interven16 tions).

17 ‘‘(3) PLAN.—

18 ‘‘(A) IN GENERAL.—With respect to the

19 Program, the Director of the Institute shall

20 prepare and transmit to the Secretary and the

21 Director of NIH a plan to initiate, expand, in22 tensify, and coordinate activities of the Institute

23 with respect to biomedical imaging and engi24 neering. The plan shall include such comments

25 and recommendations as the Director of the In-
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1 stitute determines appropriate. The Director of

2 the Institute shall periodically review and revise

3 the plan and shall transmit any revisions of the

4 plan to the Secretary and the Director of NIH.

5 ‘‘(B) RECOMMENDATIONS.—The plan

6 under subparagraph (A) shall include the rec7 ommendations of the Director of the Institute

8 with respect to the following:

9 ‘‘(i) Where appropriate, the consolida10 tion of programs of the National Institutes

11 of Health for the express purpose of en12 hancing support of activities regarding

13 basic biomedical imaging and engineering

14 research.

15 ‘‘(ii) The coordination of the activities

16 of the Institute with related activities of

17 the other agencies of the National Insti18 tutes of Health and with related activities

19 of other Federal agencies.

20 ‘‘(c) ADVISORY COUNCIL.—The establishment under

21 section 406 of an advisory council for the Institute is sub22 ject to the following:

23 ‘‘(1) The number of members appointed by the

24 Secretary shall be 12.

25 ‘‘(2) Of such members—
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1 ‘‘(A) 6 members shall be scientists, engi2 neers, physicians, and other health professionals

3 who represent disciplines in biomedical imaging

4 and engineering and who are not officers or em5 ployees of the United States; and

6 ‘‘(B) 6 members shall be scientists, engi7 neers, physicians, and other health professionals

8 who represent other disciplines and are knowl9 edgeable about the applications of biomedical

10 imaging and engineering in medicine, and who

11 are not officers or employees of the United

12 States.

13 ‘‘(3) EX OFFICIO MEMBERS.—In addition to the

14 ex officio members specified in section 406(b)(2), the

15 ex officio members of the advisory council shall in16 clude the Director of the Centers for Disease Con17 trol and Prevention, the Director of the National

18 Science Foundation, and the Director of the Na19 tional Institute of Standards and Technology (or the

20 designees of such officers).

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 for the purpose of carrying out this section:

24 ‘‘(A) For fiscal year 2000, there is author25 ized to be appropriated an amount equal to the
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1 amount obligated by the National Institutes of

2 Health during fiscal year 1999 for biomedical

3 imaging and engineering, except that such

4 amount shall be adjusted to offset any inflation

5 occurring after October 1, 1998.

6 ‘‘(B) For each of the fiscal years 2001 and

7 2002, there is authorized to be appropriated an

8 amount equal to the amount appropriated

9 under subparagraph (A) for fiscal year 2000,

10 except that such amount shall be adjusted for

11 the fiscal year involved to offset any inflation

12 occurring after October 1, 1999.

13 ‘‘(2) REDUCTION.—The authorization of appro14 priations for a fiscal year under paragraph (1) is

15 hereby reduced by the amount of any appropriation

16 made for such year for the conduct or support by

17 any other national research institute of any program

18 with respect to biomedical imaging and engineer19 ing.’’.

20 (b) USE OF EXISTING RESOURCES.—In providing for

21 the establishment of the National Institute of Biomedical

22 Imaging and Engineering pursuant to the amendment

23 made by subsection (a), the Director of the National Insti24 tutes of Health (referred to in this subsection as the

25 ‘‘NIH’’)—
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1 (1) may transfer to the National Institute of

2 Biomedical Imaging and Engineering such personnel

3 of the NIH as the Director determines to be appro4 priate;

5 (2) may, for quarters for such Institute, utilize

6 such facilities of the NIH as the Director determines

7 to be appropriate; and

8 (3) may obtain administrative support for the

9 Institute from the other agencies of the NIH, includ10 ing the other national research institutes.

11 (c) CONSTRUCTION OF FACILITIES.—None of the

12 provisions of this Act or the amendments made by the Act

13 may be construed as authorizing the construction of facili14 ties, or the acquisition of land, for purposes of the estab15 lishment or operation of the National Institute of Bio16 medical Imaging and Engineering.

17 (d) DATE CERTAIN FOR ESTABLISHMENT OF ADVI18 SORY COUNCIL.—Not later than 90 days after the effec19 tive date of this Act, the Secretary of Health and Human

20 Services shall complete the establishment of an advisory

21 council for the National Institute of Biomedical Imaging

22 and Engineering in accordance with section 406 of the

23 Public Health Service Act and in accordance with section

24 464Z of such Act (as added by subsection (a) of this sec25 tion).
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1 (e) CONFORMING AMENDMENT.—Section 401(b)(1)

2 of the Public Health Service Act (42 U.S.C. 281(b)(1))

3 is amended by adding at the end the following:

4 ‘‘(R) The National Institute of Biomedical Im5 aging and Engineering.’’.

6 SEC. 4. EFFECTIVE DATE.

7 This Act shall take effect on October 1, 1999, or

8 upon the date of the enactment of this Act, whichever oc9 curs later.

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