I
106TH CONGRESS
1ST SESSION
H. R. 1795
To amend the Public Health Service Act to establish the National Institute
of Biomedical Imaging and Engineering.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1999
Mr. BURR of North Carolina (for himself and Ms. ESHOO) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Public Health Service Act to establish the
National Institute of Biomedical Imaging and Engineering.
Be it enacted by the Senate and House of Representa-
tives 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 Engineering 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 fundamen-
tally 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 dis-
ciplines therefore require an identity and research
home at the NIH that is independent of the existing
institute structure.
(2) Advances based on medical research prom-
ise new, more effective treatments for a wide variety
of diseases, but the development of new, noninvasive
imaging techniques for earlier detection and diag-
nosis of disease is essential to take full advantage of
such new treatments and to promote the general im-
provement of health care.
(3) The development of advanced genetic and
molecular imaging techniques is necessary to con-
tinue the current rapid pace of discovery in molec-
ular biology.
(4) Advances in telemedicine, and teleradiology
in particular, are increasingly important in the deliv-
ery 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, trans-
mission, 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 co-
ordinating body, preferably housed at the NIH, is
needed to coordinate these disparate efforts and fa-
cilitate the transfer of technologies with medical ap-
plications.
(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 ab-
sence of a home at the NIH for basic research in
imaging and related fields. The establishment of a
central focus for imaging and bioengineering re-
search at the NIH would promote both scientific ad-
vance and U.S. 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 Engineering at the NIH
would accelerate the development of new tech-
nologies with clinical and research applications, im-
prove coordination and efficiency at the NIH and
throughout the Federal government, reduce duplica-
tion 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 BIO-
MEDICAL IMAGING AND ENGINEERING.
(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 Engineering
‘‘PURPOSE OF THE INSTITUTE
‘‘SEC. 464z. (a) The general purpose of the National
Institute of Biomedical Imaging and Engineering (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 bio-
medical imaging, biomedical engineering, and associated
technologies and modalities with biomedical applications
(in this section referred to as ‘biomedical imaging and en-
gineering’).
‘‘(b)(1) The Director of the Institute, with the advice
of the Institute’s advisory council, shall establish a Na-
tional Biomedical Imaging and Engineering Program (in
this section referred to as the ‘Program’).
‘‘(2) Activities under the Program shall include the
following with respect to biomedical imaging and engineer-
ing:
‘‘(A) Research into the development of new
techniques and devices.
‘‘(B) Related research in physics, engineering,
mathematics, computer science, and other dis-
ciplines.
‘‘(C) Technology assessments and outcomes
studies to evaluate the effectiveness of biologics, ma-
terials, 
processes, 
devices, 
procedures, 
and
informatics.
‘‘(D) Research in screening for diseases and
disorders.
edgeable about the applications of biomedical
imaging and engineering in medicine, and who
are not officers or employees of the United
States.
‘‘(3) In addition to the ex officio members spec-
ified 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 Di-
rector 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 2000, there is authorized
to be appropriated an amount equal to the amount
obligated by the National Institutes of Health dur-
ing fiscal year 1999 for biomedical imaging and en-
gineering, except that such amount shall be adjusted
to offset any inflation occurring after October 1,
1998.
‘‘(B) For each of the fiscal years 2001 and
2002, there is authorized to be appropriated an
amount equal to the amount appropriated under
subparagraph (A) for fiscal year 2000, except that
such amount shall be adjusted for the fiscal year in-
volved to offset any inflation occurring after October
1, 1999.
‘‘(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 engineer-
ing.’’.
(b) USE OF EXISTING RESOURCES.—In providing for
the establishment of the National Institute of Biomedical
Imaging and Engineering pursuant to the amendment
made by subsection (a), the Director of the National Insti-
tutes of Health (referred to in this subsection as
‘‘NIH’’)—
(1) may transfer to the National Institute of
Biomedical Imaging and Engineering such personnel
of NIH as the Director determines to be appro-
priate;
(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 facili-
ties, or the acquisition of land, for purposes of the estab-
lishment or operation of the National Institute of Bio-
medical Imaging and Engineering.
(d) DATE CERTAIN FOR ESTABLISHMENT OF ADVI-
SORY COUNCIL.—Not later than 90 days after the effec-
tive date of this Act under section 4, the Secretary of
Health and Human Services shall complete the establish-
ment of an advisory council for the National Institute of
Biomedical Imaging and Engineering in accordance with
section 406 of the Public Health Service Act and in ac-
cordance with section 464z of such Act (as added by sub-
section (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 subpara-
graph:
‘‘(R) The National Institute of Biomedical Im-
aging and Engineering.’’.
SEC. 4. EFFECTIVE DATE.
This Act takes effect October 1, 1999, or upon the
date of the enactment of this Act, whichever occurs later.
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