[106th Congress Public Law 580]
[From the U.S. Government Printing Office]


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[DOCID: f:publ580.106]


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      NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING 
                            ESTABLISHMENT ACT

[[Page 114 STAT. 3088]]

Public Law 106-580
106th Congress

                                 An Act


 
    To amend the Public Health Service Act to establish the National 
  Institute of Biomedical Imaging and Bioengineering. <<NOTE: Dec. 29, 
                         2000 -  [H.R. 1795]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Institute of Biomedical Imaging and Bioengineering Establishment Act.>> 

SECTION 1. SHORT <<NOTE: 42 USC 201 note.>> TITLE.

    This Act may be cited as the ``National Institute of Biomedical 
Imaging and Bioengineering Establishment Act''.

SEC. 2. <<NOTE: 42 USC 285r note.>> 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

[[Page 114 STAT. 3089]]

        (``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) <<NOTE: 42 USC 285r.>> 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.

[[Page 114 STAT. 3090]]

            ``(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 <<NOTE: 42 USC 285r note.>> 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 <<NOTE: 42 USC 285r note.>> 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 <<NOTE: 42 USC 285r note.>> 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.''.

[[Page 114 STAT. 3092]]

SEC. 4. <<NOTE: 42 USC 285r note.>> 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, considered and passed House.
            Dec. 15, considered and passed Senate.

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