National Institute of Biomedical Imaging and Bioengineering Establishment Act
PL 106-580 (H.R.1795), enacted 12/29/2000

114 STAT. 3088 
PUBLIC LAW 106-580—DEC. 29, 2000 
Public Law 106-580 
106th Congress 
Dec. 29, 2000 
[H.R. 1795] 
National 
Institute of 
Biomedical 
Imaging and 
Bioengineering 
Establishment 
Act 
42 ilSC 201 note. 
42 u s e 285r 
note. 
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 nationed 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, eind 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 mediceJ 
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 resonsmce imaging ("MRI") and computed tomography 
PUBLIC LAW 106-580—DEC. 29, 2000 
114 STAT. 3089 
("CT"), have been developed primarily abroad, in large pari; 
because of the absence of a home at the NIH for basic reseeirch 
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 
resoiu"ces 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 cliniced 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 pathbreeiking 
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 Biomedicsd Imaging £ind 
Bioengineering 
"PURPOSE OF THE INSTITUTE 
"SEC. 464Z. (a) The general purpose of the National Institute 
42 USC 285r. 
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 biomedicgQ 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 Progreim 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 biologies, 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. 
114 STAT. 3090 
PUBLIC LAW 106-580—DEC. 29, 2000 
"(F) The development of target-specific agents to enhance 
images and to identify and dehneate 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 Nationed 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 
PUBLIC LAW 106-580—DEC. 29, 2000 
114 STAT. 3091 
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 Eifter 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 42USC285r 
establishment of the National Institute of Biomedical Imaging and note. 
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 
fi-om the other agencies of NIH, including the other national 
research institutes. 
(c) CONSTRUCTION OF FACILITIES.—None of the provisions of 42USC285r 
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 42USC285r 
COUNCIL.—Not later than 90 days after the effective date of this note. 
Act under section 4, the Secretary of Health and Humem^ 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 PubHc 
Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding 
at the end the following subparagraph: 
"(R) The Nationeil Institute of Biomedical Imaging and 
Bioengineering.". 
114 STAT. 3092 
PUBLIC LAW 106-580—DEC. 29, 2000 
42 u s e 285r 
SEC. 4. EFFECTIVE DATE. 
This Act takes effect October 1, 2000, or upon the date of 
the enactment of this Act, whichever occurs later. 
Approved December 29, 2000. 
LEGISLATIVE HISTORY—H.R. 1795: 
HOUSE REPORTS: No. 106-889 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 27, c(insidered and passed I^ouse. 
Dec. 15, considered and passed Senate.