[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
[[Page 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 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:
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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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