1 i3? andDEPARTMENT OF HEALTH 8% HUMAN SERVICES bl. i an Ic ea ervce National Institutes of Health Freedom of Information Of?ce Building 31. Room 53-35 31 Center Drive. MSC 2107 Bethesda. Maryland 20892-2107 phone: (301) 496-5633 fax: (301) 402-4541 VIA email to ike.swetlitz@statnews.com January 7, 2016 Ike Swetlitz STAT 135 William T. Morrissey Blvd. Boston, MA 02125 Re: NIH FOI Case No. 44563 Dear Mr. Swetlitz: This is the ?nal response to your December 23, 2015, Freedom of Information Act (FOIA) request addressed to the Freedom of Information (FOIA) Of?ce, National Institutes of Health (NIH) and received in this of?ce that same day. You requested a copy of the Memorandum of Understanding between the National Institutes of Health Of?ce of the Director for the Sports and Health Research Program and the Foundation for the National Institutes of health. We searched the ?les of the Of?ce of the Executive Secretariat within the Of?ce of the Director, NIH, for records responsive to your request. That search produced the enclosed eight pages of responsive records. In certain circumstances provisions of the FOIA and the Department of Health and Human Services FOIA Regulations allow us to recover part of the cost of responding to your request. Because the cost is below the $25 minimum, there is no charge for the attached materials. Sincerely, Mia?x/ Timothy Redmond Government Information Specialist, NIH Enclosed: 8 pages Memorandum of Understanding Between The Foundation for the National Institutes of Health, Inc. and The National Institutes of Health Of?ce of the Director For The Sports and Health Research Program This Memorandum of Understanding is entered into by and between The Of?ce of the Director at the National Institutes of Health an agency of the United States Government, and the Foundation for the National Institutes of Health, Inc. a Maryland 501(c)(3) not?for?pro?t corporation, effective as of the date when signed by the last Party to this MOU. The OD and FNIH are referred to herein individually as a ?Party? and collectively as the ?Parties.? WHEREAS, NIH is the largest funder of biomedical research in the world; committed to seeking fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce the burdens of illness and disability; WHEREAS, many sports leagues and associations and others (?Donors?) are committed to safeguarding the health of current and retired players; WHEREAS, a number of serious medical conditions that are common in the general population are especially prominent in athletes; WHEREAS, the NIH and entities interested in research on injuries and illnesses acquired through sports and other activities can together accelerate the pace of discovery through a public? private partnership to support the most innovative and promising science in areas of mutual interest (such efforts being collectively referred to as the ?Sports and Health Research Program? or the ?Program? WHEREAS, the FNIH was established by Section 499 of the Public Health Service Act, 42 U.S.C. ?290b, exclusively to support the NIH in its mission and to advance collaboration with biomedical researchers from universities, industry, and non-pro?t organizations and is incorporated as a 501(c)(3) non-pro?t corporation; WHEREAS, FNIH desires to assist the NIH in its efforts by raising funds from Donors to accomplish the Program; NOW, THEREFORE, the Parties agree as follows: A. NIH Activities M00 Reference NO. N24 Project Title Sports and Health Research Program Page 1 of 8 ix] research areas relevant to the Program are identitied. NIH will develop research concepts on topics ol tnutual interest to share nith and Donortsl. i. poo mutual agreement among and the applicable Donoris) that a particular research concept should he developed under the Program. and appropriate .?ndiridoal .\Ill Institutes and Centers will develop a mutually agreed upon detailed research plan with a timeline. budget. and specil?ic milestones to accomplish the research ("Research Plan"). Lipon mutual agreement among NIH. and the Donorts) on the Research Plan. NIH and the applicable Insritutes and Centers will manage the programmatic. logistical. and administrathc aspects necessary to initiate projects Funded by the Program, including holding uorkshops. developing and posting calls for applications. reviewing applications. determining grantees. awarding grants. overseeing the grants. including the scientific and linancial progress ol?the grantees. and monitoring data sharing plans. Nil-l still use the Donor(s) funding to implement the Research Plan. and the applicable NIH Institutes and Centers will report on scientilic progress of the Research Plan to PNIH according to reporting schedule in the Research Plan. NH and the applicable Institutes and Centers will provide to tinancial reports. indicating how l?unds provided b} have been Spent to implement Research Plans initiated under the Program. according to a reporting schedule speci?ed in the Research Plans Dissemination oI'rcsuits arising from research h} Donoiis) ?x?xill be governed by Federal last and policy applicable to NIH-I?lmded research. In accordance uith current policy NIH l'uuding recipients will be urged to disseminate the results oi?rcsearch I?unded by Donorls). in order to optimize the raiue of the science to the research communin and the public Specitie data sharing plans may be developed for ind'vidual projects. The NIH and applicable NIH Institutes and Centers are responsible For any costs they incur as a result ol'administering the Program or otherwise in furtherance ol?thc Program that are not detailed in the budget set forth in the Research Plan. shall not be obligated to provide NIH with any additional Funds beyond the donated l?unds that FNli-i has raised [or the Program. less overhead cost recovery and direct costs associated with carrying out its responsibilities as described in Section (B) and Section below. Should the NIH and applicable NIH Institutes and Centers generate public print and electronic communications and promotional materials including news releases that lt?rCCIt'pUt't?titi' the name ol?the Program the NIH and applicable Institutes and Centers ?ill provide drafts of such Communications including any Communications int-'olving references to and the Donorts). to liNll-l within a reasonable period. and in any C'rCilt no later than ten I 0) business days prior to their public availability or dissemination. and will endeavor in good l?aith to incorporate suggestions by Reference Project l'izic - Sports and Health Research Program Page 2 ol 8 FNIH and the Donor(s) as appropriate. NIH will acknowledge FNIH and the Donor(s) support for the Program in all Communications. Such Communications will include the standard FNIH descriptive paragraph and other language as mutually agreed upon by the NIH, FNIH and Donor(s) (Attachment 1). Communications regarding the Program will not be released until NIH, Donor(s), and FNIH have provided prior written consent to such release (email suf?cient}. This paragraph 9 is applicable only to Communications incorporating the name of the Program and does not apply to grant, contract, or other communications initiated by NIH during the usual course of business. 10. The NIH and applicable NIH Institutes and Centers will provide comments and edits on Conununications regarding the Program that are developed by Donor-(s) and I?Nll?l. Letters of Agreement between FNIH and Donor(s) will provide that Communications regarding the Program developed by Donor(s} will be submitted to NIH for review and approval prior to release. 11. Appropriate NIH representatives will participate as reasonably requested on or with a Stakeholder Board convened by the FNIH to facilitate discussion of the Program and Research Plans and the provision of periodic progress reports to FNIH and its Donor(s). 12. NIH contacts for the Program are: Kathy Hudson, Deputy Director for Science, Outreach, and Policy Phone: 301-496-1455 E-mail: hudsonld@mail.nih.gov Ken Frushour Director, Of?ce of Budget National Institute of Neurological Diseases and Stroke NIH Phone: 301.496.4927 E?mail: John Burklow Associate Director, Communications Public Liaison Phone 301-496-4461 E?mail: burl-(103i @od. nih. gov MOU Reference No. I124 Project Title Sports and Health Research Program Page 3 of 8 B. Activities l. will solicit. receive. manage. steward. and acknowledge private donations and id DJ Sponsorships For support of the Program (the "Donatioris"] and ill hold such Donations until disbursed in accordance with Section (Bill) below. In coordination with the NIH. uill use the Donations it has received under Section l) to support the Program either directly or through contributions to the NIH OD Conditional Gift Fund or Conditional Gift Funds oi? appropriate Institutes and Centers. The F'Nll-l will hold payments item the Donorts') and disburse l?unds according to the schedule speci?ed in the Research Plan mtitualiy agreed upon with Nll-l. and the applicable Donoz'tsl. FXll-l is responsible for all interactions-with Donotts) throughout the life of the Program. including providing Donorts) with required scientilic progress and linaneial reports. facilitating the. l?EiK'i?e?U. ol? ('ommunicatio ?iS described in paragraphs and At 10) abox and ensuring that all Letters with Donor{s) hat language indicating that Communications generated Donors will be submitted to and Nil-i for t?crico. comment. and appiotal. and responding to Donortst' other reasonable requeSts For information regarding the Program. In addition. will use reasonable et?l?orts to l'acilitate resolution oi" any Donor related issues that arise with respect to the applicable project. FNIH tt-ill convene "t Stakeholder Board to provide an independent. open l?orum for the ?rograni. where Donm'ts) can engage scientilicall}-' with each other. and with Nil-l scienti?c leadership. patient adrocac} orgatiizi-ttions. sports organixutions. and scientists to share in l?ormi-ttion and updates. express viewpoints. address challenges. share expertise. and develop common perspectives on issues relating to the Program. 4. Phil? contacts for the Program are: Stephanie James. (prior to Nox. l. 2012) Actittg Executive Director Phone: 301?45 4.3310 Email: ifni?ior-i . .Vlal ia Freire. taller l. 2012) President Phone: 3Ul ?Bi-63415 [?lm a i, freire "if l'ni .o rg .lulie Wolf?Rodda Director, Partnership Dcvelopment Phone: 301?402-6027 limail: jwolf-I'oddi-r'ij Julie 'l'une Refer errc'e ,\rJ [1'24 Project I itle Sports and Health Research Program Page 4 ol 8 Chief Financial O?icer Phone: 301 -43 5-6246 Email: jtune@fnih.org Kimberly O?Sullivan Communications Manager Phone: 301-435-2613 Email: kosullivan@fnih.org C. General Provisions 1. It is understood and acknowledged by the Parties that NIH employees are prohibited from soliciting gifts; all such activities will be undertaken only by the FNIH, pursuant to its statutory authority. 2. will retain an overhead cost recovery for NIH-managed projects of one percent of all Donations, plus direct costs incurred for performing its services in connection with the Program and the related research activities, and all interest earned on such Donations for expenses in soliciting, collecting, administering, and accounting for the Donations and in carrying out the activities described herein. 3. Should the NIH or any Donor(s) request NIH to perform other related tasks not currently speci?ed in this MOU, such as FNIH direct funding of Program grants, FNIH will consult with NIH, or the applicable NIH institutes or Centers, and with applicable Donor(s) regarding the costs associated with these tasks. If mutually agreed upon by Hill] and the applicable NIH Institutes or Centers and the applicable Done-rte), also may undertake those tasks and shall be reimbursed for its costs for such additional tasks from the funds received under Section 4. The Parties may revise or modify this MOU by written amendment hereto, provided such revisions and/or modi?cations are mutually agreed upon and that any such amendment is signed by each Party hereto. 5. Either Party may terminate this MOU upon thirty (30) days prior written notice. 6. Upon completion of the Program, or in the event this MOU is terminated before completion of the Program, FNIH will retain control of any undisbursed Donations received under Section 7. This MOU contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understanding, written or oral, with respect to the subject matter of this MOU. 8. This MOU shall be construed and interpreted in accordance with the laws of the State of Maryland and Federal Law. In case of a con?ict, Federal Law will prevail. MOU Reference No. 1124 Project Title - Sports and Health Research Program Page 5 of 8 9. This MOU may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute a single document. SIGNATURES BE GIN ON NEXT PA GE MOU Ra'?rencz No. I 124 Project Title Sports and Health Research Program Page 6 of 8 SI GNA TURES In Witness Whereof, the Parties have executed this MOU, effective on the latest date of the signatures of the Parties below. Approved and Accepted for the National Institutes of Health - Signature: 1% :44; Date: Z/?f Doput )irector for Science, Outreach, and Policy 4? Approved and Accepted for the Foundation for the National Institutes of Health, Inc. a Date: elk/fl Charles A. Sanders, MD. Chairman Signature: MOU Reference No. 1I24 Project Title - Sports and Health Research Program Page 7 of 8 Attachment 1 Established by the United States Congress to support the mission of the NIH?improving health through scienti?c discovery in the search for cures?the Foundation for the NIH is a leader in identifying and addressing complex scienti?c and health issues. The Foundation is a non-pro?t, 501(c)(3) charitable organization that raises private-sector funds for a bro ad portfolio of unique programs that complement and enhance NIH priorities and activities. For additional information about the Foundation for the NIH see Made possible by the Foundation for the National Institutes of Health, Inc., through a gift from Donor(s). MOU Reference No. 1124 Project Title Sports and Health Research Program Page 8 of 8