§ 289a–2. Inclusion of women and minorities in clinical research

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In conducting or supporting clinical research for purposes of this subchapter, the Director of NIH shall, subject to subsection (b), ensure that— women are included as subjects in each project of such research; and members of minority groups are included as subjects in such research. The Director of NIH, in consultation with the Director of the Office of Research on Women’s Health and the Director of the Office of Research on Minority Health, shall conduct or support outreach programs for the recruitment of women and members of minority groups as subjects in projects of clinical research.

The directors of the national institutes and national centers shall consult at least once annually with the Director of the National Institute on Minority Health and Health Disparities and the Director of the Office of Research on Women’s Health regarding objectives of the national institutes and national centers to ensure that future activities by such institutes and centers take into account women and minorities and are focused on reducing health disparities. Any strategic plan issued by a national institute or national center shall include details on the objectives described in subparagraph (A).

The requirement established in subsection

(a)regarding women and members of minority groups shall not apply to a project of clinical research if the inclusion, as subjects in the project, of women and members of minority groups, respectively— is inappropriate with respect to the health of the subjects; is inappropriate with respect to the purpose of the research; or is inappropriate under such other circumstances as the Director of NIH may designate. In the case of any clinical trial in which women or members of minority groups will under subsection

(a)be included as subjects, the Director of NIH shall ensure that the trial is designed and carried out in a manner sufficient to provide for a valid analysis of whether the variables being studied in the trial affect women or members of minority groups, as the case may be, differently than other subjects in the trial. For any new and competing project of clinical research subject to the requirements under this section that receives a grant award 1 year after December 13, 2016 , or any date thereafter, for which a valid analysis is provided under paragraph (1)— and which is an applicable clinical trial as defined in section 282(j) of this title , the entity conducting such clinical research shall submit the results of such valid analysis to the clinical trial registry data bank expanded under section 282(j)(3) of this title , and the Director of the National Institutes of Health shall, as appropriate, consider whether such entity has complied with the reporting requirement described in this subparagraph in awarding any future grant to such entity, including pursuant to section 282(j)(5)(A)(ii) of this title when applicable; and the Director of the National Institutes of Health shall encourage the reporting of the results of such valid analysis described in paragraph

(1)through any additional means determined appropriate by the Director. Subject to paragraph (2), the Director of NIH, in consultation with the Director of the Office of Research on Women’s Health and the Director of the Office of Research on Minority Health, shall establish guidelines regarding the requirements of this section. The guidelines shall include guidelines regarding— the circumstances under which the inclusion of women and minorities as subjects in projects of clinical research is inappropriate for purposes of subsection (b); the manner in which clinical trials are required to be designed and carried out for purposes of subsection (c); and the operation of outreach programs under subsection (a). With respect to the circumstances under which the inclusion of women or members of minority groups (as the case may be) as subjects in a project of clinical research is inappropriate for purposes of subsection (b), the following applies to guidelines under paragraph (1): In the case of a clinical trial, the guidelines shall provide that the costs of such inclusion in the trial is not a permissible consideration in determining whether such inclusion is inappropriate. In the case of other projects of clinical research, the guidelines shall provide that the costs of such inclusion in the project is not a permissible consideration in determining whether such inclusion is inappropriate unless the data regarding women or members of minority groups, respectively, that would be obtained in such project (in the event that such inclusion were required) have been or are being obtained through other means that provide data of comparable quality. In the case of a clinical trial, the guidelines may provide that such inclusion in the trial is not required if there is substantial scientific data demonstrating that there is no significant difference between— the effects that the variables to be studied in the trial have on women or members of minority groups, respectively; and the effects that the variables have on the individuals who would serve as subjects in the trial in the event that such inclusion were not required. The guidelines required in subsection

(d)shall be established and published in the Federal Register not later than 180 days after June 10, 1993 . For fiscal year 1995 and subsequent fiscal years, the Director of NIH may not approve any proposal of clinical research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section. The advisory council of each national research institute shall prepare triennial reports describing the manner in which the institute has complied with this section. Each such report shall be submitted to the Director of the institute involved for inclusion in the triennial report under section 283 of this title . Each triennial report prepared by an advisory council of each national research institute as described in paragraph

(1)shall include each of the following: The number of women included as subjects, and the proportion of subjects that are women, in any project of clinical research conducted during the applicable reporting period, disaggregated by categories of research area, condition, or disease, and accounting for single-sex studies. The number of members of minority groups included as subjects, and the proportion of subjects that are members of minority groups, in any project of clinical research conducted during the applicable reporting period, disaggregated by categories of research area, condition, or disease and accounting for single-race and single-ethnicity studies. For the applicable reporting period, the number of projects of clinical research that include women and members of minority groups and that— have been completed during such reporting period; and are being carried out during such reporting period and have not been completed. The number of studies completed during the applicable reporting period for which reporting has been submitted in accordance with subsection (c)(2)(A). For purposes of this section: The term “project of clinical research” includes a clinical trial. The term “minority group” includes subpopulations of minority groups. The Director of NIH shall, through the guidelines established under subsection (d), define the terms “minority group” and “subpopulation” for purposes of the preceding sentence. ( July 1, 1944, ch. 373 , title IV, § 492B, as added Pub. L. 103–43, title I, § 131 , June 10, 1993 , 107 Stat. 133 ; amended Pub. L. 114–255, div. A, title II , §§ 2031(c), 2038(b), 2053, Dec. 13, 2016 , 130 Stat. 1056 , 1065, 1076.)

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