95-22950. Policy on the Inclusion of Women and Racial and Ethnic Minorities in Externally Awarded Research  

  • [Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
    [Notices]
    [Pages 47947-47951]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-22950]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Centers for Disease Control and Prevention
    Agency for Toxic Substances and Disease Registry
    
    
    Policy on the Inclusion of Women and Racial and Ethnic Minorities 
    in Externally Awarded Research
    
    AGENCY: Centers for Disease Control and Prevention (CDC) and Agency for 
    Toxic Substances and Disease Registry 
    
    [[Page 47948]]
    (ATSDR), Public Health Service (PHS), Department of Health and Human 
    Services (DHHS).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the CDC 1 policy on the inclusion 
    of women and racial and ethnic minorities in externally awarded 
    research. On April 10, 1995, CDC published a notice for comments (60 FR 
    18130) on the Policy on the Inclusion of Women and Minorities in 
    Externally Awarded Research. During the 60 day public comment period 
    that ended June 9, 1995, CDC received only a few minor comments. 
    Therefore, after some small revisions, the notice is being re-published 
    and will become policy as of October 1, 1995. This policy is intended 
    to ensure that individuals of both sexes and the various racial and 
    ethnic groups will be included in CDC-supported studies involving human 
    subjects, whenever feasible and appropriate. Furthermore, it is CDC 
    policy to identify significant gaps in knowledge about health problems 
    that affect women and racial and ethnic minority populations and to 
    encourage studies which address these problems. (Note: This policy is 
    consistent with requirements for CDC intra-agency research.)
    
        \1\ References to CDC also apply to the Agency for Toxic 
    Substances and Disease Registry (ATSDR).
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    EFFECTIVE DATE: Applicable for all CDC externally awarded research 
    projects submitted in response to CDC Program Announcements (Requests 
    for Assistance) and solicitations (Requests for Proposals) announced on 
    or after October 1, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Dixie E. Snider, Jr., M.D., M.P.H., 
    telephone (404) 639-3701 or Barbara W. Kilbourne, R.N., M.P.H., 
    telephone (404) 639-1242.
    
    SUPPLEMENTARY INFORMATION:
    
    CDC and ATSDR Policy on the Inclusion of Women and Racial and Ethnic 
    Minorities in Externally Awarded Research
    
    Table of Contents
    
    I. Introduction
    II. Definitions
        A. Human Subjects
        B. Research
        C. Racial and Ethnic Categories
        1. Minority Groups
        2. Majority Group
    III. Policy
        Research Involving Human Subjects
    IV. Guidance for Applicant Institution Investigators and Decision 
    Makers in Complying with this Policy
        A. General
        B. Studies of Public Health Interventions
    V. Implementation
        A. Date of Implementation
        B. Roles and Responsibilities
        1. Applicant Institution Investigators
        2. CDC Technical/Peer Review Groups
        3. CDC Center/Institute/Office Directors
        4. CDC Institutional Review Boards (IRBs)
        C. External Award Consideration
        D. Recruitment Outreach by Externally Awarded Investigators
        E. Dissemination of Research Results
    VI. Evaluation
        CDC Inclusion Review Committee Responsibility and Members
    I. Introduction
    
        The Centers for Disease Control and Prevention (CDC) is committed 
    to protecting the health of all people regardless of their sex, race, 
    ethnicity, national origin, religion, sexual orientation, socioeconomic 
    status, or other characteristics. To the extent that participation in 
    research offers direct benefits to the participants, 
    underrepresentation of certain population subgroups denies them the 
    opportunity to benefit. Moreover, for purposes of generalizing study 
    results, investigators must include the widest possible range of 
    population groups.
        A growing body of evidence indicates that the health conditions and 
    needs of women are different from those of men. Some health conditions 
    are unique to women and others are more prevalent in women. For some 
    illnesses, there are marked distinctions, not only in onset and 
    progression of disease, but also in the preventive, treatment and 
    educational approaches necessary to combat them in women. Furthermore, 
    initial entry into the health care system may be different for some 
    subgroups of women, such as low-income and uninsured women. Lesbians 
    may also enter the health care system differently because they may be 
    less likely to access prevention services, like cancer screening, 
    because they may not utilize family planning services. The Public 
    Health Service Task Force on Women's Health Issues published a report 
    in 1987 stating that it is becoming more important to note the 
    environmental, economic, social, and demographic characteristics that 
    influence a woman's health status. The Task Force focused on the direct 
    and indirect effects these factors could have on the status of a 
    woman's health and noted that when a woman is ``outside the normal 
    range of societal expectations,'' that is, she is of a racial, ethnic 
    or cultural minority or if she is physically or mentally disabled, her 
    health status is potentially at greater risk. These basic observations 
    are not always recognized or reflected in study protocols and 
    proposals.
        The disparity in health outcomes between majority and some racial 
    and ethnic minority groups is now well documented. Although some 
    minority populations, e.g., some Asian groups, have better overall 
    health status than non-Hispanic whites, many racial and ethnic minority 
    populations have dramatically shorter life expectancy, higher morbidity 
    rates and inadequate access to quality health care. The Secretary for 
    the Department of Health and Human Services' Task Force on Black and 
    Minority Health issued a report in 1985 noting the underrepresentation 
    of racial and ethnic minorities in research. This underrepresentation 
    has resulted in significant gaps in knowledge about the health of 
    racial and ethnic minority populations and their responses to 
    interventions.
    
    II. Definitions
    
    A. Human Subjects
    
        Under this policy, the definition of human subjects in title 45 CFR 
    part 46, the Department of Health and Human Services regulations for 
    the protection of human subjects, applies: ``Human subject means a 
    living individual about whom an investigator conducting research 
    obtains (1) data through intervention or interaction with the 
    individual or (2) identifiable private information.''
    
    B. Research
    
        Under this policy, the definition of research in title 45 CFR part 
    46, the Department of Health and Human Services regulations for the 
    protection of human subjects, applies: ``Research means a systematic 
    investigation, including research development, testing and evaluation, 
    designed to develop or contribute to generalizable knowledge.'' All 
    proposed research involving human subjects and conducted using CDC 
    funding will be evaluated for compliance with this policy, including 
    those projects that are exempt from Institutional Review Board (IRB) 
    review (as specified in title 45 CFR part 46). However, nothing in this 
    policy is intended to require IRB review of protocols which otherwise 
    would be exempt. This policy applies to all CDC externally awarded 
    research regardless of the mechanism of financial support (e.g., grant, 
    cooperative agreement, contract, purchase order, etc.). This policy 
    does not apply to those projects in which the investigator has no 
    control over the composition of the study population (e.g., cohort 
    studies in which the population has been previously selected, or 
    research to follow-up outbreak investigations.) 
    
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    C. Racial and Ethnic Categories
    
    1. Minority Groups
        This policy shall comply with the Office of Management and Budget 
    (OMB) Directive No. 15, and any subsequent revisions to the Directive. 
    OMB Directive No. 15 defines the minimum standard of basic racial and 
    ethnic categories. Despite limitations (as outlined in the Public 
    Health Reports ``Papers from the CDC/ATSDR Workshop on the Use of Race 
    and Ethnicity in Public Health Surveillance''), these categories are 
    useful because they allow comparisons among many national data bases, 
    especially Bureau of the Census and national health data bases. 
    Therefore, the racial and ethnic categories described below should be 
    used as basic minimum guidance, cognizant of their limitations.
        American Indian or Alaskan Native: A person having origins in any 
    of the original peoples of North America, and who maintains cultural 
    identification through tribal affiliation or community recognition.
        Asian or Pacific Islander: A person having origins in any of the 
    original peoples of Far East, Southeast Asia, the Indian subcontinent, 
    or the Pacific Islands. This area includes, for example, China, India, 
    Japan, Korea, the Philippine Islands, and Samoa.
        Black, not of Hispanic Origin: A person having origins in any of 
    the black racial groups of Africa.
        Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or 
    South American or other Spanish culture or origin, regardless of race.
    2. Majority Group
        White, not of Hispanic Origin: A person having origins in any of 
    the original peoples of Europe, North Africa, or the Middle East.
        While investigators should focus primary attention on the above 
    categories, CDC recognizes the diversity of the population. For 
    example, Blacks describe themselves in several different ways, 
    including African-American, Caribbean (Haitian, Jamaican, West Indian, 
    Trinidadian), etc. Native Hawaiians have expressed the desire to be 
    considered a separate racial/ethnic category exclusive of the current 
    Asian/Pacific Islander designation. Therefore, investigators are 
    encouraged to investigate national or geographic origin or other 
    cultural factors (e.g., customs, beliefs, religious practices) in 
    studies of race and ethnicity, and their relationship to health 
    problems. Furthermore, since race, ethnicity, and cultural heritage may 
    serve as markers for other important characteristics or conditions 
    associated with a health problem or outcome, investigators should 
    actively seek to identify these other characteristics or conditions.
    
    III. Policy
    
        Research Involving Human Subjects Applicant institutions must 
    ensure that women and racial and ethnic minority populations are 
    appropriately represented in their proposals for research.
        Women and members of racial and ethnic minority groups should be 
    adequately represented in all CDC-supported studies involving human 
    subjects, unless a clear and compelling rationale and justification 
    establishes to the satisfaction of CDC that inclusion is inappropriate 
    or clearly not feasible. Although this policy does not apply to studies 
    when the investigator cannot control the race, ethnicity, and sex of 
    subjects, women and racial and ethnic minority populations must not be 
    routinely and/or arbitrarily excluded from such investigations.
        In addition, women of childbearing potential should also not be 
    routinely and/or arbitrarily excluded from participation even though 
    there are ethical/risk issues to consider for inclusion and exclusion. 
    Information on adverse differences in outcome or risk profiles for 
    pregnant women may be reason for exclusion. Therefore, pregnancy status 
    may need to be determined prior to enrollment for some studies and, if 
    necessary, during an intervention to safeguard the participants' 
    health.
    
    IV. Guidance for Applicant Institution Investigators and Decision 
    Makers in Complying with this Policy
    
    A. General
    
        In determining whether special efforts should be made to set 
    specific enrollment goals for women and members of racial and ethnic 
    minority groups, or whether to design special studies to specifically 
    address health problems in such populations, principal investigators 
    should consider the following points:
         Is the disease or condition under study unique to, or is 
    it relatively rare in men, women or one or more racial and/or ethnic 
    minority populations?
         What are the characteristics of the population to which 
    the protocol results will be applied? Does it include both men and 
    women? Does it include specific racial and ethnic minority populations?
         Are there scientific reasons to anticipate significant 
    differences between men and women and among racial and ethnic minority 
    populations with regard to the hypothesis under investigation?
         Are there study design or recruitment limitations in the 
    protocol that could result, unnecessarily, in underrepresentation of 
    one sex or certain racial and ethnic minority populations?
         Could such underrepresentation cause an adverse impact on 
    the generalizability and application of results?
         Is the underrepresentation correctable?
         Does racial and ethnic characterization of study subjects 
    serve a bona fide purpose or might it serve only to stigmatize a group?
        Inclusion of women and/or racial and ethnic minority groups in 
    research can be addressed either by including all appropriate groups in 
    one single study or by conducting multiple studies. In general, 
    protocols and proposals for support of studies involving human subjects 
    should employ a design with sex and/or minority representation 
    appropriate to the scientific objectives. It is not an automatic 
    requirement that the study design provide sufficient statistical power 
    to answer the questions posed for men and women and racial and ethnic 
    groups separately; however, whenever there are scientific reasons to 
    anticipate differences between men and women and/or racial and ethnic 
    groups, with regard to the hypothesis under investigation, 
    investigators should include an evaluation of these sex and minority 
    group differences in the study proposal. If adequate inclusion of one 
    sex and/or minority group is impossible or inappropriate with respect 
    to the purpose of the proposed study, or if in the only study 
    population available, there is a disproportionate representation of one 
    sex or minority/majority group, the rationale for the study population 
    must be well explained and justified. The cost of inclusion of women 
    and/or racial and ethnic minority groups shall not be a permissible 
    consideration for exclusion from a given study unless data regarding 
    women and/or racial and ethnic minority groups have been or will be 
    obtained through other means that provide data of comparable quality. 
    Acceptable reasons for exclusion are as follows:
        (1) Inclusion is inappropriate with respect to the health of the 
    subjects;
        (2) Inclusion is inappropriate with respect to the purpose of the 
    study;
        (3) Substantial scientific evidence indicates there is no 
    significant difference between the effects that the 
    
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    variables to be studied have on women and/or racial and ethnic minority 
    groups;
        (4) Substantial scientific data already exist on the effects that 
    variables have on the excluded population;
        (5) Inclusion is inappropriate under other circumstances as 
    determined by CDC.
        In each protocol or proposal, the composition and rationale for 
    inclusion of the proposed study population must be described in terms 
    of sex and racial and ethnic group. Sex and racial and ethnic 
    characteristics, conditions, and other relevant issues should be 
    addressed in developing a study design and sample size appropriate for 
    the scientific objectives of the investigation. The proposal should 
    contain a description of proposed outreach programs, if necessary, for 
    recruiting women and racial and ethnic minorities as participants. 
    Investigators must facilitate the informed consent process by promoting 
    open and free communication with the study participants. Investigators 
    must seek to understand cultural and linguistic variables inherent in 
    the population to be enrolled, and procedures must be established to 
    ensure appropriate translation of the consent document whenever 
    necessary.
    
    B. Studies of Public Health Interventions
    
        Investigators must consider the following when planning an 
    intervention trial or a clinical trial:
         If the data from prior studies strongly indicate the 
    existence of significant differences of clinical or public health 
    importance in intervention effect between the sexes or among racial and 
    ethnic populations, the primary question(s) to be addressed by the 
    scientific investigation and the design of that study must specifically 
    accommodate the difference(s). For example, if men, women, and racial 
    and ethnic minority groups are thought to respond differently to an 
    intervention, then the study should be designed to answer separate 
    primary questions that apply to men, women, and/or specific racial and 
    ethnic groups with adequate sample size for each.
         If the data from prior studies strongly support no 
    significant differences of clinical or public health importance in 
    intervention effect between subgroups, then sex and race and ethnicity 
    are not required as subject selection criteria; however, the inclusion 
    of sex and racial and ethnic subgroups is still strongly encouraged.
         If the data from prior studies neither support nor negate 
    the existence of significant differences of clinical or public health 
    importance in intervention effect, then the study should include 
    sufficient and appropriate male and female and racial and ethnic 
    minority populations so that valid analysis of the intervention effect 
    in each subgroup can be performed.
         If women of childbearing potential are to be included and 
    if there is reason to suspect that adverse events may occur in pregnant 
    women, pregnancy status should be determined prior to enrollment.
    
    V. Implementation
    
    A. Date of Implementation
    
        This policy applies for all CDC externally awarded research 
    projects submitted in response to CDC Program Announcements (Requests 
    for Assistance) and solicitations (Requests for Proposals) announced on 
    or after October 1, 1995.
    
    B. Roles and Responsibilities
    
        Certain individuals and groups have special roles and 
    responsibilities with regard to the implementation of these guidelines.
    1. Applicant Institution Investigators
        Applicant institution investigators should assess the theoretical 
    and/or scientific linkages between sex, race and ethnicity and their 
    topic of study. Following this assessment, the applicant institution 
    investigator will address the policy in each protocol, application and 
    proposal, providing the required information on inclusion of women and 
    minorities, and any required justifications for exclusions of any 
    groups.
    2. CDC Technical/Peer Review Groups
        In conducting technical/peer review of contract, grant, or 
    cooperative agreement applications for scientific and technical merit, 
    CDC Center/Institute/Office (C/I/O) Directors will ensure that CDC 
    technical/peer review groups, to the extent possible, include women and 
    racial and ethnic minorities, and will do the following: *
    
        * C/I/O Directors may waive this requirement if it is clearly 
    inappropriate or clearly not feasible.
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         Evaluate the proposed plan for the inclusion of both sexes 
    and racial and ethnic minority populations for appropriate 
    representation.
         Evaluate the appropriateness of the proposed justification 
    when representation is limited or absent.
         Determine whether the design of the study is adequate to 
    measure differences when warranted.
         Evaluate the plans for recruitment and outreach for study 
    participants including whether the process of establishing partnerships 
    with community(ies) and recognition of mutual benefits will be 
    documented.
         Include these criteria as part of the technical assessment 
    and assign a score.
    3. CDC Center/Institute/Office Directors
        CDC C/I/O Directors are responsible for ensuring that CDC 
    externally awarded research involving human subjects meets the 
    requirements of these guidelines. CDC C/I/O Directors will also inform 
    externally awarded investigators concerning this policy and monitor its 
    implementation during the development, review, award, and conduct of 
    research.
    4. CDC Institutional Review Boards (IRBs)
        CDC IRBs are expected to consider whether CDC investigators have 
    adequately addressed the inclusion of women and racial and ethnic 
    minorities, in research protocols that require CDC IRB approval, as an 
    additional criterion for IRB approval.
    
    C. External Award Consideration
    
        CDC project officers shall design their Requests for Contracts and 
    Requests for Assistance in compliance with this policy. CDC C/I/O 
    Directors shall ensure this policy is fully considered and implemented 
    prior to the release of the Request for Contract and Request for 
    Assistance to the CDC Procurement and Grants Office. CDC funding 
    components will not award any grant, cooperative agreement, or contract 
    for external research projects announced on or after October 1, 1995, 
    and thereafter which does not comply with this policy.
    
    D. Recruitment Outreach by Externally Awarded Investigators
    
        Externally awarded investigators and their staff(s) are urged to 
    develop appropriate and culturally sensitive outreach programs and 
    activities commensurate with the goals of the research. The purpose 
    should be to establish a relationship between the investigator(s), 
    populations, and community(ies) of interest so that mutual benefit is 
    achieved by all groups participating in the study. Investigators should 
    document the process for establishing a partnership with the 
    community(ies) and the mutual benefits of the study and ensure that any 
    factors (e.g., educational level, nonproficiency in English, low 
    socioeconomic status) are accounted for and handled appropriately. In 
    addition, investigator(s) and staff should ensure that ethical concerns 
    are clearly noted and enforced, such that there is minimal 
    
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    possibility of coercion or undue influence in the incentives or rewards 
    offered in recruiting into or retaining participants in scientific 
    studies.
    
    E. Dissemination of Research Results
    
        Externally awarded investigators are urged to make special efforts 
    to disseminate relevant research results to the communities who 
    participated in the studies and to the affected populations, especially 
    racial and ethnic minority populations that may have cultural, 
    language, and socioeconomic barriers to the easy receipt of such 
    information.
    
    VI. Evaluation
    
    CDC Inclusion Review Committee Responsibility and Members
    
        A CDC Inclusion Review Committee (IRC) with representatives from 
    the CDC Office of the Associate Director for Science, the CDC Office of 
    the Associate Director for Minority Health, and the CDC Office of the 
    Associate Director for Women's Health will review any questions, 
    issues, or comments pertaining to this policy and recommend necessary 
    changes or modifications to the Director, CDC. This committee will meet 
    regularly to review compliance with this policy and evaluate the impact 
    of this policy on research activities at CDC. The CDC IRC may 
    periodically conduct random audits of research protocols to assess 
    compliance with this policy.
    
        Dated: September 8, 1995.
    Claire V. Broome,
    Deputy Director, Centers for Disease Control and Prevention (CDC) and 
    Deputy Administrator, Agency for Toxic Substances and Disease Registry 
    (ATSDR).
    [FR Doc. 95-22950 Filed 9-14-95; 8:45 am]
    BILLING CODE 4163-18-P
    
    

Document Information

Published:
09/15/1995
Department:
Agency for Toxic Substances and Disease Registry
Entry Type:
Notice
Action:
Notice.
Document Number:
95-22950
Dates:
Applicable for all CDC externally awarded research projects submitted in response to CDC Program Announcements (Requests for Assistance) and solicitations (Requests for Proposals) announced on or after October 1, 1995.
Pages:
47947-47951 (5 pages)
PDF File:
95-22950.pdf