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From: "Weaver, Gretchen (NIH/OD) [E]" < @od.nih.gov> To: "Jaffe, Holli Beckerman (NIH/OD) [E]" < @od.nih.gov> Subject: RE: Dan David Prize Date: Fri, 29 Jan 2021 15:17:35 -0500 Importance: Normal Holli: Here is discussion from 2011. If you can confirm that nothing has changed, including the "attendant events" that are now mentioned on the web site, this should be helpful. I did all of the leg work. Ed took this information to OGE and OGE accepted the award as bona fide even though the subject area to be recognized changes, etc.: The Dan David Foundation awards three $1 million Dan David Prizes each year (since 2002), recognizing past, present, and future achievements. For each time dimension, a field is chosen, and one or more recipients are selected. If more than one recipient is selected in a field, the cash prize is shared. The categories for 2012 are: Past - History/Biography; Present - Plastic Arts; and Future - Genome Research. Notably, laureates donate 10% of their prize money to graduate students of their choice. NASA and DOE employees are among the prior recipients (they received the award in 2007). International panels of experts in each of the fields to be recognized evaluate the nominees based upon the description of each field of recognition posted on the web site and submit reports to the Dan David Prize Board (an international panel selected by the Dan David Foundation Board). The DDP Board makes the final determination as to which nominee(s) in each category have achieved that which the prize is intended to recognize (as described in the category descriptions). More information is available at: http://www.dandavidprize.org/, including the composition of the DDP Board. After reviewing the web site, other publicly available information, and the materials our NASA colleagues were able to provide, I made contact with the Chair of the Dan David Foundation Board, Professor Itamar Rabinovich, and the administrative Director of the Prize, Ms. Smadar Fisher. Based on all of the information I have been able to obtain , it appears that the Prize program is "owned" by the Dan David Foundation, although there is a relationship between it and Tel Aviv University pursuant to which Tel Aviv provides space and administrative support for the award program. Professor Rabinovich was the President of Tel Aviv University when Dan David began his Foundation and an agreement was reached. Professor Rabinovich confirmed that the Foundation could opt to move the administrative headquarters of the Prize out of the University. Upon review of the web site, you may also notice reference to French Collaboration. The Dan David Foundation entered into an agreement with the French Government in 2006. Professor Rabinovich has said that this was intended to further the international outreach efforts of the Foundation. In alternating years the Prize ceremony is held in France. In exchange, two or three seats on the Dan David Prize Board "belong" to the French. The current composition of the Board is at: http://www.dandavidprize.org/about/about-the-board.html. Based upon the available information, and in light of OLC's opinions (particularly the more recent award opinion covering the President's Nobel Prize), I do not think the Dan David Prize implicates the Emoluments Clause or the Foreign Gifts and Decorations Act. Although Tel Aviv University is an NIH grantee, I do not think the Dan David Prize implicates our Supplemental Standard because the Prize appears to be from the Dan David Foundation, a separate entity that does not appear to be a grantee or otherwise have any business dealings with the NIH. Moreover, although the recipient is expected to give a lecture (at a symposium, and in addition to acceptance remarks during the presentation ceremony), the Dan David Prize appears to be a bona fide award made as part of an established program of recognition that an NIH employee, including Dr. Collins, might be permitted to accept (assuming no change in the program or other individualized issue). Again , the award appears to be from the Dan David Foundation. I have found no record of any business interactions between NIH and the Dan David Foundation, so OGE's source limitation is not an issue. Although there is a symposium at which the recipients are expected to give a presentation, I have been told they