H. R. 1795

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

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

Biomedical Imaging and Bioengineering.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Imaging and Bioengineering Establishment Act’’.

SEC. 2. FINDINGS.

The Congress makes the following findings:

(1) Basic research in imaging, bioengineering, computer

science, informatics, and related fields is critical to improving

health care but is fundamentally different from the research

in molecular biology on which the current national research

institutes at the National Institutes of Health (‘‘NIH’’) are

based. To ensure the development of new techniques and technologies for the 21st century, these disciplines therefore require

an identity and research home at the NIH that is independent

of the existing institute structure.

(2) Advances based on medical research promise new, more

effective treatments for a wide variety of diseases, but the

development of new, noninvasive imaging techniques for earlier

detection and diagnosis of disease is essential to take full

advantage of such new treatments and to promote the general

improvement of health care.

(3) The development of advanced genetic and molecular

imaging techniques is necessary to continue the current rapid

pace of discovery in molecular biology.

(4) Advances in telemedicine, and teleradiology in particular, are increasingly important in the delivery of high

quality, reliable medical care to rural citizens and other underserved populations. To fulfill the promise of telemedicine and

related technologies fully, a structure is needed at the NIH

to support basic research focused on the acquisition, transmission, processing, and optimal display of images.

(5) A number of Federal departments and agencies support

imaging and engineering research with potential medical

applications, but a central coordinating body, preferably housed

at the NIH, is needed to coordinate these disparate efforts

and facilitate the transfer of technologies with medical applications.

(6) Several breakthrough imaging technologies, including

magnetic resonance imaging (‘‘MRI’’) and computed tomography
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(‘‘CT’’), have been developed primarily abroad, in large part

because of the absence of a home at the NIH for basic research

in imaging and related fields. The establishment of a central

focus for imaging and bioengineering research at the NIH would

promote both scientific advance and United States economic

development.

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

resources to the NIH in coming years, it is appropriate to

modernize the structure of the NIH to ensure that research

dollars are expended more effectively and efficiently and that

the fields of medical science that have contributed the most

to the detection, diagnosis, and treatment of disease in recent

years receive appropriate emphasis.

(8) The establishment of a National Institute of Biomedical

Imaging and Bioengineering at the NIH would accelerate the

development of new technologies with clinical and research

applications, improve coordination and efficiency at the NIH

and throughout the Federal Government, reduce duplication

and waste, lay the foundation for a new medical information

age, promote economic development, and provide a structure

to train the young researchers who will make the pathbreaking

discoveries of the next century.

SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL

IMAGING AND BIOENGINEERING.

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

Act (42 U.S.C. 285 et seq.) is amended by adding at the end

the following subpart:

‘‘Subpart 18—National Institute of Biomedical Imaging and

Bioengineering

‘‘PURPOSE OF THE INSTITUTE

‘‘SEC. 464z. (a) The general purpose of the National Institute

of Biomedical Imaging and Bioengineering (in this section referred

to as the ‘Institute’) is the conduct and support of research, training,

the dissemination of health information, and other programs with

respect to biomedical imaging, biomedical engineering, and associated technologies and modalities with biomedical applications (in

this section referred to as ‘biomedical imaging and bioengineering’).

‘‘(b)(1) The Director of the Institute, with the advice of the

Institute’s advisory council, shall establish a National Biomedical

Imaging and Bioengineering Program (in this section referred to

as the ‘Program’).

‘‘(2) Activities under the Program shall include the following

with respect to biomedical imaging and bioengineering:

‘‘(A) Research into the development of new techniques and

devices.

‘‘(B) Related research in physics, engineering, mathematics,

computer science, and other disciplines.

‘‘(C) Technology assessments and outcomes studies to

evaluate the effectiveness of biologics, materials, processes,

devices, procedures, and informatics.

‘‘(D) Research in screening for diseases and disorders.

‘‘(E) The advancement of existing imaging and bioengineering modalities, including imaging, biomaterials, and

informatics.
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‘‘(F) The development of target-specific agents to enhance

images and to identify and delineate disease.

‘‘(G) The development of advanced engineering and imaging

technologies and techniques for research from the molecular

and genetic to the whole organ and body levels.

‘‘(H) The development of new techniques and devices for

more effective interventional procedures (such as image-guided

interventions).

‘‘(3)(A) With respect to the Program, the Director of the Institute

shall prepare and transmit to the Secretary and the Director of

NIH a plan to initiate, expand, intensify, and coordinate activities

of the Institute with respect to biomedical imaging and bioengineering. The plan shall include such comments and recommendations as the Director of the Institute determines appropriate. The Director of the Institute shall periodically review and

revise the plan and shall transmit any revisions of the plan to

the Secretary and the Director of NIH.

‘‘(B) The plan under subparagraph (A) shall include the recommendations of the Director of the Institute with respect to the

following:

‘‘(i) Where appropriate, the consolidation of programs of

the National Institutes of Health for the express purpose of

enhancing support of activities regarding basic biomedical

imaging and bioengineering research.

‘‘(ii) The coordination of the activities of the Institute with

related activities of the other agencies of the National Institutes

of Health and with related activities of other Federal agencies.

‘‘(c) The establishment under section 406 of an advisory council

for the Institute is subject to the following:

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

shall be 12.

‘‘(2) Of such members—

‘‘(A) six members shall be scientists, engineers, physicians, and other health professionals who represent disciplines in biomedical imaging and bioengineering and who

are not officers or employees of the United States; and

‘‘(B) six members shall be scientists, engineers, physicians, and other health professionals who represent other

disciplines and are knowledgeable about the applications

of biomedical imaging and bioengineering in medicine, and

who are not officers or employees of the United States.

‘‘(3) In addition to the ex officio members specified in section

406(b)(2), the ex officio members of the advisory council shall

include the Director of the Centers for Disease Control and

Prevention, the Director of the National Science Foundation,

and the Director of the National Institute of Standards and

Technology (or the designees of such officers).

‘‘(d)(1) Subject to paragraph (2), for the purpose of carrying

out this section:

‘‘(A) For fiscal year 2001, there is authorized to be appropriated an amount equal to the amount obligated by the

National Institutes of Health during fiscal year 2000 for biomedical imaging and bioengineering, except that such amount

shall be adjusted to offset any inflation occurring after October

1, 1999.

‘‘(B) For each of the fiscal years 2002 and 2003, there

is authorized to be appropriated an amount equal to the amount
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appropriated under subparagraph (A) for fiscal year 2001,

except that such amount shall be adjusted for the fiscal year

involved to offset any inflation occurring after October 1, 2000.

‘‘(2) The authorization of appropriations for a fiscal year under

paragraph (1) is hereby reduced by the amount of any appropriation

made for such year for the conduct or support by any other national

research institute of any program with respect to biomedical

imaging and bioengineering.’’.

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

establishment of the National Institute of Biomedical Imaging and

Bioengineering pursuant to the amendment made by subsection

(a), the Director of the National Institutes of Health (referred to

in this subsection as ‘‘NIH’’)—

(1) may transfer to the National Institute of Biomedical

Imaging and Bioengineering such personnel of NIH as the

Director determines to be appropriate;

(2) may, for quarters for such Institute, utilize such facilities of NIH as the Director determines to be appropriate; and

(3) may obtain administrative support for the Institute

from the other agencies of NIH, including the other national

research institutes.

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

this Act or the amendments made by the Act may be construed

as authorizing the construction of facilities, or the acquisition of

land, for purposes of the establishment or operation of the National

Institute of Biomedical Imaging and Bioengineering.

(d) DATE CERTAIN FOR ESTABLISHMENT OF ADVISORY

COUNCIL.—Not later than 90 days after the effective date of this

Act under section 4, the Secretary of Health and Human Services

shall complete the establishment of an advisory council for the

National Institute of Biomedical Imaging and Bioengineering in

accordance with section 406 of the Public Health Service Act and

in accordance with section 464z of such Act (as added by subsection

(a) of this section).

(e) CONFORMING AMENDMENT.—Section 401(b)(1) of the Public

Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding

at the end the following subparagraph:

‘‘(R) The National Institute of Biomedical Imaging and

Bioengineering.’’.
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SEC. 4. EFFECTIVE DATE.

This Act takes effect October 1, 2000, or upon the date of

the enactment of this Act, whichever occurs later.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.