II
110th CONGRESS
2d Session
S. 2989
IN THE SENATE OF THE UNITED STATES
May 7, 2008
Mrs. Murray (for herself and Mr. Domenici) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To direct the Secretary of Health and Human Services to implement a National Neurotechnology Initiative, and for other purposes.
Short title
This Act may be cited as
the National Neurotechnology
Initiative Act
.
Findings
The Congress finds the following:
While the field of neuroscience is highly advanced, our understanding of how the brain works still has many gaps and our ability to repair damage remains limited.
Nearly 100,000,000 Americans suffer from a brain or nervous system disease, injury, or disorder, and the national economic burden of such brain-related illnesses has reached over $1,000,000,000,000 per year and is growing alarmingly due to an aging population.
Critical unmet medical needs exist in almost every area of the brain and nervous system, including Alzheimer’s disease, addiction, anxiety, chronic pain, depression, epilepsy, hearing loss, multiple sclerosis, obesity, Parkinson’s disease, schizophrenia, sleep, spinal cord injury, stroke, traumatic brain injury, and more.
While the science of the brain is moving forward more rapidly than any other science today, we must ensure these discoveries quickly become tools to improve the human condition.
Neurotechnology holds the potential to transform nearly every aspect of our lives from medicine to defense to education to computing, as well as our conception of the human mind.
A global race is underway to determine the country that will lead the neurotechnology economy, which will have long-lasting implications on employment, infrastructure development, and regional competitiveness.
Federal leadership is needed to accelerate and coordinate the development of neurotechnology and bring the benefits to those in need across the Nation.
Therefore, it is in the national interest for the Federal Government to increase investment and interagency coordination of Federal neurotechnology research, development, and commercialization programs.
Definitions
In this Act:
Initiative
The term Initiative means the National Neurotechnology Initiative implemented under section 4.
Neurotechnology
The term neurotechnology means the science and technology that allows an individual to analyze, understand, treat, and heal the brain and nervous system.
Qualified staff
The term qualified staff means a Food and Drug Administration employee who has academic training or significant experience in neurotechnology or related fields, or who has satisfactorily completed a Food and Drug Administration neuroscience training course.
Related fields
The term related fields means neuroscience, neuromedicine, cognitive science, behavioral psychology, neuropharmacology, neuropsychiatry, neuroimaging, neuroregeneration, neurorehabilitation, neuromodulation, neurostimulation, biomedical engineering, bioengineering, molecular biology, computer science, robotics, and such other fields as the Director of the National Neurotechnology Coordinating Office determines to be related to neurotechnology.
Secretary
The term Secretary means the Secretary of Health and Human Services.
Translational
The term translational means relating to research that is focused on converting laboratory findings into patient treatments.
National Neurotechnology Initiative
In general
The Secretary shall implement a National Neurotechnology Initiative under which, acting through appropriate agencies, councils, and the National Neurotechnology Coordination Office established pursuant to section 5, the Secretary shall—
establish goals, priorities, and metrics for evaluation for Federal neurotechnology research, development, commercialization, and other activities;
increase the investment in Federal research, development, and translational programs in neurotechnology, and related fields as appropriate, to achieve the goals described in paragraph (1); and
increase interagency coordination of Federal neurotechnology research, development, and other activities undertaken pursuant to the Initiative.
Areas of concentration
The Initiative shall—
coordinate, support, and extend the neurotechnology-related activities of the National Institutes of Health and the work of the Blueprint for Neuroscience Research developed under section 6(a);
coordinate and promote neuroscience small business innovation research programs;
facilitate testing and evaluation of advances in neuromedicine, including drugs, diagnostics, and devices; and
coordinate and promote the study of the social, ethical, and legal aspects of neurotechnology.
Coordination
In general
The Secretary shall establish a National Neurotechnology Coordination Office, to be headed by a director to be appointed by the Secretary, that shall—
coordinate Federal neurotechnology activities among the Department of Health and Human Services, the National Institutes of Health, the Food and Drug Administration, the Department of Defense, the Department of Veterans Affairs, and other Federal agencies;
serve as the point of contact on Federal neurotechnology activities for academia, industry, professional societies, State neurotechnology programs, interested citizen groups, and others to facilitate the exchange of technical and programmatic information;
conduct public outreach, including dissemination of findings and recommendations of the National Neurotechnology Advisory Council established under subsection (c), as appropriate;
promote access to, and the early application of, the technologies, innovations, and expertise derived from activities conducted under the Initiative by agencies and systems across the Federal Government, and by United States industry, including start-up companies; and
provide technical and administrative support to the National Neurotechnology Advisory Council.
Report
The Director of the National Neurotechnology Coordination Office shall annually submit to the Secretary a report on the status of the Initiative. Such reports shall contain the results of an evaluation of the effectiveness of the Initiative in the year for which the report is being prepared and the goals and benchmarks for the following year. The Secretary shall transmit a copy of each report under this subsection to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Advisory council
In general
The Secretary shall establish, or designate an existing entity as, a National Neurotechnology Advisory Council.
Qualifications
In general
The Advisory Council shall consist primarily of members from academic institutions, not-for-profit organizations, and industry.
Requirements
Members of the Advisory Council shall be qualified to provide advice and information on neurotechnology research, development, demonstrations, education, technology transfer, commercial application, delivery, access, or ethical, legal, and social issues related to neurotechnology.
Recommendations
In appointing members to, or designating an entity as, an Advisory Council, the Secretary may seek and give consideration to recommendations from the Congress, industry, the scientific and medical communities (including the National Academy of Sciences, scientific and medical professional societies, not-for-profit organizations, and academia), the defense community, State and local governments, regional neurotechnology programs, and other appropriate organizations.
Duties
The Advisory Council shall provide advice to the Director of the National Neurotechnology Coordination Office on matters relating to the Initiative, including assessing—
trends and developments in neurotechnology and related fields;
progress made in implementing the Initiative;
the need to revise the Initiative;
the balance among the components of the Initiative, including funding levels for the program component areas;
whether the program component areas, priorities, and technical goals developed by the Council are helping to maintain United States leadership in neurotechnology and related fields;
the management, coordination, implementation, and activities of the Initiative; and
whether ethical, legal, and social issues are adequately addressed by the Initiative.
Authorization of appropriations
Office
There is authorized to be appropriated to carry out subsections (a) and (b) $4,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
Advisory council
There is authorized to be appropriated to carry out subsection (c) $1,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
Programs related to the National Institutes of Health
Blueprint for Neuroscience Research
The Director of the National Institutes of Health shall develop a program or designate an existing program, to be known as the Blueprint for Neuroscience Research, for collaboration among the institutes, centers, and offices of the National Institutes of Health that support neuroscience research within the National Institutes of Health. Such program shall—
identify pervasive challenges in neuroscience and any technological barriers to solving such challenges; and
support the development of new tools, training opportunities, and other resources to assist neuroscientists in both basic and clinical research.
Small business innovation research
In carrying out their duties under the Small Business Innovation Research Program, the directors of each of the institutes of the National Institutes of Health shall—
where appropriate, give high priority to small business concerns that participate in or conduct neurotechnology research and development projects; and
annually report to the Director of the National Neurotechnology Coordination Office concerning the percentage of Small Business Innovation Research funding being used for such projects.
Small business technology transfer
In carrying out their duties under the Small Business Technology Transfer Program, the directors of each of the institutes of the National Institutes of Health shall—
where appropriate, give high priority to small business concerns that participate in or conduct neurotechnology research and development projects; and
annually report to the Director of the National Neurotechnology Coordination Office concerning the percentage of Small Business Technology Transfer funding being used for such projects.
Authorization of appropriations
Blueprint for neuroscience research
There are authorized to be appropriated to carry out subsection (a)—
$80,000,000 for fiscal year 2009;
$88,000,000 for fiscal year 2010;
$96,800,000 for fiscal year 2011; and
$106,480,000 for fiscal year 2012.
Small business innovation research and small business technology transfer
In general
There are authorized to be appropriated to carry out subsections (b) and (c)—
$75,000,000 for fiscal year 2009;
$82,500,000 for fiscal year 2010;
$90,750,000 for fiscal year 2011; and
$99,825,000 for fiscal year 2012.
Limitation
None of the funding authorized by this paragraph may be counted toward the expenditure amounts required by subsections (f) and (n) of section 9 of the Small Business Act (15 U.S.C. 638).
Programs related to the Food and Drug Administration
FDA review
The Commissioner of Food and Drugs shall direct the Director of the Center for Drug Evaluation and Research, the Director of the Center for Biologics Evaluation and Research, and the Director of the Center for Devices and Radiological Health to improve the timeliness of the review process for neurology and psychiatry by—
increasing, through recruitment and training, the number of qualified staff within such Centers; and
improving the processes for creating guidelines with respect to neurology and psychiatry and communicating those guidelines to industry.
Neurotechnology standards workgroups
The Commissioner of Food and Drugs shall sponsor workgroups including academic and industry representatives to develop standards for preclinical testing and clinical trial endpoints for emerging brain and nervous system indications for which clear and achievable standards do not otherwise exist on the date of the enactment of this Act.
Authorization of appropriations
FDA review
There are authorized to be appropriated to carry out subsection (a)—
$26,000,000 for fiscal year 2009;
$28,600,000 for fiscal year 2010;
$31,460,000 for fiscal year 2011; and
$34,606,000 for fiscal year 2012.
Neurotechnology standards workgroups
There is authorized to be appropriated to carry out subsection (b) $4,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
Programs related to ethical, legal, and social issues
American Neurotechnology Study Center
The Director of the National Neurotechnology Coordination Office shall—
provide for the establishment, on a merit-reviewed and competitive basis, of an American Neurotechnology Study Center that shall—
establish a research program to identify ethical, legal, and social issues related to neurotechnology and related fields, and ensure that the results of such research are widely disseminated; and
conduct, coordinate, collect, and disseminate studies on such issues; and
provide for public input and outreach to be integrated into the Initiative by the convening of regular and ongoing public discussions, through mechanisms such as citizens’ panels, consensus conferences, and educational events, as appropriate.
Study on the responsible development of neurotechnology
The American Neurotechnology Study Center established under subsection (a) shall conduct a study to assess the need for standards, guidelines, or strategies for ensuring the responsible development of neurotechnology, including—
the safety of use of brain interface devices;
human subject guidelines for research and development of neurotechnology;
the use of neurotechnology in the enhancement of human intelligence;
the development of defensive technologies relating to neurotechnology;
the use of neurotechnology in developing artificial intelligence;
the potential to ease the health care burden through use of neurotechnology; and
the development of appropriate ethical standards and guidelines for research and development in neurotechnology.
Study on the economic impact of neurotechnology
The Director of the National Neurotechnology Coordination Office shall, on a merit-reviewed and competitive basis, provide for the conduct of an annual study to assess the need for analyses, programs, reports, or strategies for ensuring the development of neurotechnology, including analyzing—
the economic burden of brain and nervous system disorders and illness;
the economic growth potential of neurotechnology;
national and regional neurotechnology assets; and
global neurotechnology assets.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out subsection (a) and (b) $8,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
Study on the responsible development of neurotechnology
There is authorized to be appropriated to carry out subsection (c) $2,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
Limitation
No more than $250,000 per fiscal year shall be used to carry out subsection (a)(2).