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 tech-
nologies 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 par-
ticular, are increasingly important in the delivery of high
quality, reliable medical care to rural citizens and other under-
served 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 coordinating body, preferably housed
at the NIH, is needed to coordinate these disparate efforts
and facilitate the transfer of technologies with medical applica-
tions.
(6) Several breakthrough imaging technologies, including
magnetic resonance imaging (‘‘MRI’’) and computed tomography
H. R. 1795—2
(‘‘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 associ-
ated 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 bio-
engineering modalities, including imaging, biomaterials, and
informatics.
H. R. 1795—3
‘‘(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 bio-
engineering. The plan shall include such comments and rec-
ommendations as the Director of the Institute determines appro-
priate. 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 rec-
ommendations 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, physi-
cians, and other health professionals who represent dis-
ciplines in biomedical imaging and bioengineering and who
are not officers or employees of the United States; and
‘‘(B) six members shall be scientists, engineers, physi-
cians, 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 appro-
priated an amount equal to the amount obligated by the
National Institutes of Health during fiscal year 2000 for bio-
medical 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
H. R. 1795—4
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 facili-
ties 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.’’.
H. R. 1795—5
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.