§283a–3 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The NIH Director must create a program to fund and run research, training, public health information, and other activities about diagnosing and treating problems linked to the drug diethylstilbestrol (DES). The Director must work with nonprofit groups that represent people exposed to DES to educate doctors and the public and to help find and treat those who were exposed. After consulting the Office of Research on Women’s Health, the NIH must run long-term studies (through its research institutes) to track disease rates and links to DES for: women who were given DES while pregnant (on or after January 1, 1938), women exposed before birth, men and women exposed before birth, and the children of people who were exposed before birth. These studies must look at cancers (such as breast, gynecologic, and clear cell cancer), effects of cancer treatments, and reproductive and immune system problems. An individual is "exposed in utero" if their biological mother received DES during the pregnancy that produced them (on or after January 1, 1938).

Title 42, §283a–3

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Director of NIH shall establish a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the diagnosis and treatment of conditions associated with exposure to the drug diethylstilbestrol (in this section referred to as “DES”).

(b)In carrying out subsection (a), the Director of NIH, after consultation with nonprofit private entities representing individuals who have been exposed to DES, shall conduct or support programs to educate health professionals and the public on the drug, including the importance of identifying and treating individuals who have been exposed to the drug.

(c)After consultation with the Office of Research on Women’s Health, the Director of NIH, acting through the appropriate national research institutes, shall in carrying out subsection (a) conduct or support one or more longitudinal studies to determine the incidence of the following diseases or disorders in the indicated populations and the relationship of DES to the diseases or disorders:

(1)In the case of women to whom (on or after January 1, 1938) DES was administered while the women were pregnant, the incidence of all diseases and disorders (including breast cancer, gynecological cancers, and impairments of the immune system, including autoimmune disease).

(2)In the case of women exposed to DES in utero, the incidence of clear cell cancer (including recurrences), the long-term health effects of such cancer, and the effects of treatments for such cancer.

(3)In the case of men and women exposed to DES in utero, the incidence of all diseases and disorders (including impairments of the reproductive and autoimmune systems).

(4)In the case of children of men or women exposed to DES in utero, the incidence of all diseases and disorders.

(d)For purposes of this section, an individual shall be considered to have been exposed to DES in utero if, during the pregnancy that resulted in the birth of such individual, DES was (on or after January 1, 1938) administered to the biological mother of the individual.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 283a of this title prior to renumbering by Pub. L. 109–482.

Amendments

2007—Subsec. (e). Pub. L. 109–482, § 103(b)(2), struck out subsec. (e) which read as follows: “In addition to any other authorization of appropriations available for the purpose of carrying out this section, there are authorized to be appropriated for such purpose such sums as may be necessary for each of the fiscal years 1993 through 2003.” 1998—Subsec. (e). Pub. L. 105–340 substituted “2003” for “1996”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.

§283a–3 Establishment of program regarding DES