With respect to any survey of human sexual behavior proposed to be conducted or supported through the National Institutes of Health, the survey may not be carried out unless—

1. (1) the proposal has undergone review in accordance with any applicable requirements of sections 289 and 289a of this title; and

2. (2) the Secretary, in accordance with section 289a–1 of this title, makes a determination that the information expected to be obtained through the survey will assist—

   1. (A) in reducing the incidence of sexually transmitted diseases, the incidence of infection with the human immunodeficiency virus, or the incidence of any other infectious disease; or
   2. (B) in improving reproductive health or other conditions of health.

(July 1, 1944, ch. 373, title IV, § 404D, as added Pub. L. 103–43, title II, § 207, June 10, 1993, 107 Stat. 148.)

Statutory Notes and Related Subsidiaries

Prohibition Against SHARP Adult Sex Survey and American Teenage Sex Survey

Pub. L. 103–43, title XX, § 2015, June 10, 1993, 107 Stat. 217, provided that:

“The Secretary of Health and Human Services may not during fiscal year 1993 or any subsequent fiscal year conduct or support the SHARP survey of adult sexual behavior or the American Teenage Study of adolescent sexual behavior. This section becomes effective on the date of the enactment of this Act [

June 10, 1993].”