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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1795 Enrolled Bill (ENR)]

        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 
    (``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.
        ``(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 
    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.''.

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.
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