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<DIV>
<P align=3Dright><FONT size=3D-1>Version Date 1/6/2005</FONT></P>
<DIV align=3Dcenter>
<H2>FEDERALWIDE ASSURANCE (FWA) FOR THE PROTECTION OF HUMAN =
SUBJECTS</H2>
<H3>U. S. Department of Health and Human Services (HHS)<BR>Office for =
Human=20
Research Protections (OHRP)</H3></DIV>
<P><B>A.&nbsp; TERMS OF THE FEDERALWIDE ASSURANCE (FWA) FOR INSTITUTIONS =
WITHIN=20
THE UNITED STATES</B> </P>
<P><B>&nbsp; 1.&nbsp; Human Subjects Research Must be Guided by Ethical=20
Principles</B> </P>
<P>All of the Institution=92s human subjects research activities, =
regardless of=20
whether the research is subject to federal regulations, will be guided =
by the=20
ethical principles in:&nbsp; (a) The Belmont Report: Ethical Principles =
and=20
Guidelines for the Protection of Human Subjects of Research of the =
National=20
Commission for the Protection of Human Subjects of Biomedical and =
Behavioral=20
Research, or (b) other appropriate ethical standards recognized by =
federal=20
departments and agencies that have adopted the Federal Policy for the =
Protection=20
of Human Subjects, known as the Common Rule. </P>
<P><B>2.&nbsp;&nbsp; Applicability</B> </P>
<P>These terms apply whenever the Institution becomes engaged in human =
subjects=20
research conducted or supported* by any federal department or agency =
that has=20
adopted the Common Rule, unless the research is otherwise exempt from =
the=20
requirements of the Common Rule or a department or agency conducting or=20
supporting the research determines that the research shall be conducted =
under a=20
separate assurance. &nbsp; In general, the Institution becomes so =
engaged=20
whenever (a) the Institution=92s employees or agents intervene or =
interact with=20
human subjects for purposes of federally-conducted or =96supported =
research; (b)=20
the Institution=92s employees or agents obtain individually identifiable =
private=20
information about human subjects for purposes of federally-conducted or=20
=96supported research; or (c) the Institution receives a direct federal =
award to=20
conduct human subjects research, even where all activities involving =
human=20
subjects are carried out by a subcontractor or collaborator.</P>
<P><FONT size=3D-1>[*Federally-supported is defined throughout the FWA =
and the=20
Terms of Assurance as the U.S. Government providing any funding or other =

support.]</P></FONT>
<P><B>3.&nbsp;&nbsp; Compliance with the Federal Policy for the =
Protection of=20
Human Subjects and Other Applicable</B> <B>Federal, State, Local, or=20
Institutional Laws, Regulations, and Policies</B></P>
<P>When the Institution becomes engaged in federally-conducted or =
-supported=20
human subjects research to which the FWA applies, the Institution and =
the=20
institutional review boards (IRBs) designated under the Institution=92s =
Assurance=20
will comply with the Federal Policy for the Protection of Human =
Subjects. &nbsp;=20
</P>
<P>The reference in the Code of Federal Regulations is shown below for =
each=20
department and agency which has adopted the Common Rule: </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;&nbsp;=20
7 CFR part 1c&nbsp; =
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Agriculture </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
10 CFR part 745 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Energy </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
14 CFR part1230&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
National=20
Aeronautics and Space Administration </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
15 CFR part 27&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Commerce </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 16=20
CFR part 1028&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Consumer=20
Product Safety Commission </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
22 CFR part 225&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Agency for=20
International Development </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
24 CFR part 60&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Housing and Urban Development </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
28 CFR part 46 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Justice </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p; 32=20
CFR part 219 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Defense </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
34 CFR part 97 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Education </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
38 CFR part 16&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Veterans Affairs </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
40 CFR part 26 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Environmental=20
Protection Agency </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
45 CFR part 46&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Health and Human Services </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
45 CFR part=20
46&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp=
;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
Central Intelligence Agency </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
(by Executive Order 12333) </P>
<P></P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
45 CFR part 690 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
National=20
Science Foundation </P>
<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;=20
49 CFR part 11&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; =
Department of=20
Transportation </P>
<P>For any federally-conducted or -supported human subjects research to =
which=20
the FWA applies, the Institution also will comply with any additional =
human=20
subjects regulations and policies of the department or agency which =
conducts or=20
supports the research and any other applicable federal, state, local, or =

institutional <B></B>laws<B>,</B> regulations, and policies.&nbsp; When =
the=20
Institution is engaged in human subjects research conducted or supported =
by the=20
Department of Health and Human Services (HHS), the Institution will =
comply with=20
all subparts of the HHS regulations at Title 45 Code of Federal =
Regulations part=20
46 (45 CFR part 46, subparts A, B, C, and D). </P>
<P>Human subjects research conducted or supported by each federal =
department or=20
agency listed above will be governed by the regulations as implemented =
by the=20
respective department or agency.&nbsp; The head of the department or =
agency=20
retains final judgment as to whether a particular activity conducted or=20
supported by the respective department or agency is covered by the =
Common=20
Rule.&nbsp; If the Institution needs guidance regarding implementation =
of the=20
Common Rule and other applicable federal regulations, the Institution =
should=20
contact appropriate officials at the department or agency conducting or=20
supporting the research.&nbsp; For federally-conducted or =
=96supported&nbsp;=20
research covered by the FWA, the department or agency that conducts or =
supports=20
the research retains final authority for determining whether the =
Institution=20
complies with the Terms of Assurance.&nbsp; If HHS receives an =
allegation or=20
indication of noncompliance related to human subjects research that is =
covered=20
by the FWA and is conducted or supported solely by a Common Rule =
department or=20
agency other than HHS, HHS will refer the matter to the other department =
or=20
agency for review and action as appropriate. &nbsp;&nbsp; </P>
<P>Please note that if the Institution voluntarily extends the Common =
Rule or=20
the Common Rule and subparts B, C, and D of the HHS regulations at 45 =
CFR part=20
46 to all research regardless of support, OHRP will have the authority =
to ensure=20
that the Institution complies with this commitment for all research to =
which the=20
FWA applies that is not federally-conducted or =96supported.&nbsp; =
&nbsp; </P>
<P><B>4.&nbsp;&nbsp; Written Procedures*</B> </P>
<P>
<UL>a) The Institution submitting the FWA has written procedures* for =
ensuring=20
  prompt reporting to the IRB, appropriate institutional officials, the =
head of=20
  any department or agency conducting or supporting the research (or =
designee),=20
  any applicable regulatory body, and OHRP of any:=20
  <P></P>
  <OL>
    <LI>
    <P>unanticipated problems involving risks to subjects or others; =
</P>
    <LI>
    <P>serious or continuing noncompliance with the federal regulations =
or the=20
    requirements or determinations of the IRB(s); and </P>
    <LI>
    <P>suspension or termination of IRB approval. </P></LI></OL>
  <P>Upon request, the Institution will provide a copy of these written=20
  procedures to OHRP and any department or agency conducting or =
supporting=20
  research covered by the FWA. </P>
  <P>b) The Institution must ensure that the IRB(s) designated under the =
FWA has=20
  established written procedures* for: </P>
  <OL>
    <LI>
    <P>conducting IRB initial and continuing review (not less than once =
per=20
    year) of research, and reporting IRB findings to the investigator =
and the=20
    Institution; </P>
    <LI>
    <P>determining which projects require review more often than =
annually and=20
    which projects need verification from sources other than the =
investigator=20
    that no material changes have occurred since the previous IRB =
review; and=20
    </P>
    <LI>
    <P>ensuring prompt reporting to the IRB of proposed changes in a =
research=20
    activity and for ensuring that such changes in approved research, =
during the=20
    period for which IRB approval has already been given, may not be =
initiated=20
    without IRB review and approval, except when necessary to eliminate =
apparent=20
    immediate hazards to the subjects.</P></LI></OL>
  <P>Upon request, the Institution will provide a copy of these written=20
  procedures to OHRP and any department or agency conducting or =
supporting=20
  research covered by the FWA. </P>
  <P><FONT size=3D-1>[*For HHS-conducted or -supported human subjects =
research,=20
  see <U><A=20
  =
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm">OHRP=
=20
  guidance on written IRB procedures</A></U> on the OHRP website at <A=20
  =
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm">http=
://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm</A>.]</FONT></P><=
/UL>
<P><B>5.&nbsp;&nbsp; Scope of IRB(s)=92s Responsibilities</B> </P>
<P>All human subjects research to which the FWA applies, except for =
research=20
exempted or waived in accordance with Sections 101(b) or 101(i) of the =
Common=20
Rule, will be reviewed, prospectively approved, and subject to =
continuing review=20
at least annually by the designated IRB(s). &nbsp; The IRB(s) will have=20
authority to approve, require modifications in, or disapprove the =
covered human=20
subjects research.&nbsp; For research approved by the IRB(s), further=20
appropriate review and approval by any department or agency conducting =
or=20
supporting the research or by officials of the institution holding the =
FWA may=20
be required. </P>
<P><B>6.&nbsp;&nbsp; Informed Consent Requirements</B> </P>
<P>Except for research exempted or waived in accordance with Sections =
101(b) or=20
101(i) of the Common Rule, informed consent for research to which the =
FWA=20
applies will be: </P>
<UL>
  <P>a) sought from each prospective subject or the subject's legally =
authorized=20
  representative, in accordance with, and to the extent required by, =
Section 116=20
  of the Common Rule; and </P>
  <P>b) appropriately documented, in accordance with, and to the extent =
required=20
  by, Section 117 of the Common Rule. </P></UL>
<P><B>7.&nbsp;&nbsp; Requirement for Assurances for Collaborating=20
Institutions</B> </P>
<P>When the Institution holding the FWA is either a) the primary awardee =
under a=20
federal grant, contract, or cooperative agreement supporting research to =
which=20
the FWA applies, or b) the coordinating center for federally-conducted =
or=20
=96supported research to which the FWA applies, the Institution is =
responsible for=20
ensuring that all collaborating institutions engaged in such research =
operate=20
under an appropriate OHRP-approved or other federally-approved assurance =
for the=20
protection of human subjects. &nbsp; </P>
<P>An institution holding an FWA may collaborate with another =
institution that=20
does not have an FWA.&nbsp; In such circumstances, a collaborating =
institution=20
may operate under the FWA with the approval of the department or agency=20
conducting or supporting the research and the institution holding the =
FWA. </P>
<P>For federally-conducted or =96supported&nbsp; research covered by the =
FWA, the=20
department or agency that conducts or supports the research retains =
final=20
authority for determining which institutions are engaged in the research =
and=20
need to hold an assurance for the protection of human subjects.&nbsp; =
</P>
<P><B>8.&nbsp;&nbsp; Written Agreements with Independent Investigators =
Who are=20
not<BR>Otherwise Affiliated with the Institution</B> </P>
<P>When the Institution holding the FWA is either a) the primary awardee =
under a=20
federal grant, contract, or cooperative agreement supporting research to =
which=20
the FWA applies, or b) the coordinating center for federally-conducted =
or=20
=96supported research to which the FWA applies, the Institution is =
responsible for=20
ensuring that all collaborating independent investigators engaged in =
such=20
research operate under an appropriate OHRP-approved or other =
federally-approved=20
assurance for the protection of human subjects. </P>
<P>The engagement in federally-conducted or =96supported human subjects =
research=20
activities to which the FWA applies by each independent investigator who =
is not=20
otherwise an employee or agent of the Institution may be covered under =
the FWA=20
only in accordance with a formal, written agreement of commitment to =
relevant=20
human subject protection policies and IRB review. OHRP=92s sample <A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf">Ind=
ividual=20
Investigator Agreement</A> (see <A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf">htt=
p://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf</A>)=20
may be used or adapted for this purpose, or the Institution may develop =
its own=20
commitment agreement in coordination with the department or agency =
conducting or=20
supporting the research.&nbsp; Institutions must maintain commitment =
agreements=20
on file and provide copies upon request to OHRP and any department or =
agency=20
conducting or supporting the research. </P>
<P>For federally-conducted or =96supported&nbsp; research covered by the =
FWA, the=20
department or agency that conducts or supports the research retains =
final=20
authority for determining which independent investigators are engaged in =
the=20
research and need to be covered by a written commitment agreement with =
the=20
institution holding the FWA. </P>
<P><B>9.&nbsp;&nbsp; Institutional Support for the IRB(s)</B><BR><BR>The =

Institution will ensure that each IRB designated under the FWA has =
meeting space=20
and sufficient staff to support the IRB=92s review and recordkeeping =
duties. </P>
<P><B>10. Compliance with the Terms of Assurance</B> </P>
<P>The Institution accepts and will follow items 1-9 above and is =
responsible=20
for ensuring that (a) the IRB(s) designated under the FWA agree to =
comply with=20
these terms; and (b) the IRB(s) possess appropriate knowledge of the =
local=20
research context for all research to which the FWA applies (please refer =
to the=20
<U><A =
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/local.htm">OHRP=20
Guidance on IRB Knowledge of Local Research Context</A></U> on the OHRP =
website=20
at <A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/local.htm">http://=
www.hhs.gov/ohrp/humansubjects/guidance/local.htm</A>).=20
</P>
<P>Any designation under the FWA of the IRB of another institution or=20
organization must be documented by a written agreement between the =
Institution=20
holding the FWA and the IRB organization outlining their relationship =
and=20
include a commitment that the designated IRB will adhere to the =
requirements of=20
the FWA. OHRP=92s sample IRB Authorization Agreement may be used for =
such purpose,=20
or the parties involved may develop their own agreement. This agreement =
should=20
be kept on file at both institutions/organizations and made available =
upon=20
request to OHRP and any department or agency conducting or supporting =
research=20
covered by the FWA. </P>
<P><B>11. Assurance Training</B> </P>
<P>The <A href=3D"http://137.187.172.153/CBTs/Assurance/login.asp">OHRP =
Assurance=20
Training Modules</A> (see&nbsp; <INS cite=3Dmailto:caromem=20
dateTime=3D2005-01-27T14:59><A=20
href=3D"http://137.187.172.153/CBTs/Assurance/login.asp">http://137.187.1=
72.153/CBTs/Assurance/login.asp</A></INS>)=20
describe the major responsibilities of the Institutional Signatory =
Official, the=20
Human Protection Administrator (e.g., Human Subjects Administrator or =
Human=20
Subjects Contact Person), and the IRB Chair(s) that must be fulfilled =
under the=20
FWA. &nbsp; OHRP strongly recommends that the Institutional Signatory =
Official,=20
the Human Protections Administrator, and the IRB Chair(s) personally =
complete=20
the relevant OHRP Assurance Training Modules, or comparable training =
that=20
includes the content of these modules, prior to submitting the FWA. </P>
<P><B>12. Educational Training</B> </P>
<P>OHRP strongly recommends that the Institution and the designated =
IRB(s)=20
establish educational training and oversight mechanisms (appropriate to =
the=20
nature and volume of its research) to ensure that research =
investigators, IRB=20
members and staff, and other appropriate personnel maintain continuing =
knowledge=20
of, and comply with, the following:&nbsp; relevant ethical principles; =
relevant=20
federal regulations; written IRB procedures; OHRP guidance; other =
applicable=20
guidance, state and local laws; and institutional policies for the =
protection of=20
human subjects. &nbsp; Furthermore, OHRP recommends that a) IRB members =
and=20
staff complete relevant educational training before reviewing human =
subjects=20
research; and b) research investigators complete appropriate =
institutional=20
educational training before conducting human subjects research. </P>
<P><B>13. Renewal of Assurance</B> </P>
<P>All information provided under the FWA must be renewed or updated at =
least=20
every 36 months (3 years), even if no changes have occurred, in order to =

maintain an active FWA. &nbsp; Failure to update this information may =
result in=20
restriction, suspension, or termination of the Institution's FWA for the =

protection of human subjects. </P>
<P><B>DOMESTIC INSTITUTIONS ACCEPTING THESE TERMS MAY PROCEED WITH THE =
ASSURANCE=20
FILING PROCESS</B> </P>
<P><FONT size=3D-1>[ <A=20
href=3D"http://www.hhs.gov/ohrp/assurances/assurances_index.html">Return =
to OHRP=20
Assurance Main Page</A> ] </P></FONT>
<P><A name=3Dsectionb><B>B.&nbsp; TERMS OF THE FEDERALWIDE ASSURANCE =
(FWA) FOR=20
INTERNATIONAL (NON-U.S.) INSTITUTIONS</B></A> </P>
<P><B>1.&nbsp;&nbsp; Human Subjects Research Must Be Guided by Ethical=20
Principles</B> </P>
<P>All of the Institution=92s human subjects research activities, =
regardless of=20
whether the research is subject to U.S. federal regulations, will be =
guided by=20
one of the following statements of ethical principles: (a) The World =
Medical=20
Association's Declaration of Helsinki (as adopted in 1996 or 2000); (b) =
The=20
Belmont Report: Ethical Principles and Guidelines for the Protection of =
Human=20
Subjects of Research of the U.S. National Commission for the Protection =
of Human=20
Subjects of Biomedical and Behavioral Research; or (c) other appropriate =

international ethical standards recognized by U.S. federal departments =
and=20
agencies that have adopted the U.S. Federal Policy for the Protection of =
Human=20
Subjects, known as the Common Rule. </P>
<P><B>2.&nbsp;&nbsp; Applicability</B> </P>
<P>These terms apply whenever the Institution becomes engaged in human =
subjects=20
research conducted or supported* by any U.S. department or agency that =
has=20
adopted the Common Rule, unless the research is otherwise exempt from =
the=20
requirements of the Common Rule or a U.S. federal department or agency=20
conducting or supporting the research determines that the research shall =
be=20
conducted under a separate assurance. &nbsp; In general, the Institution =
becomes=20
so engaged whenever (a) the Institution=92s employees or agents =
intervene or=20
interact with human subjects for purposes of U.S. federally-conducted or =

=96supported research; (b) the Institution=92s employees or agents =
obtain=20
individually identifiable private information about human subjects for =
purposes=20
of U.S. federally-conducted or =96supported research; or (c) the =
Institution=20
receives a direct award to conduct U.S. federally-supported human =
subjects=20
research, even where all activities involving human subjects are carried =
out by=20
a subcontractor or collaborator. </P>
<P>If a U.S. federal department or agency head determines that the =
procedures=20
prescribed by the institution afford protections that are at least =
equivalent to=20
those provided by the U.S. Federal Policy for the Protection of Human =
Subjects,=20
the department or agency head may approve the substitution of the =
foreign=20
procedures in lieu of the procedural requirements provided above, =
consistent=20
with the requirements of section 101(h) of the U.S. Federal Policy for =
the=20
Protection of Human Subjects. </P>
<P><FONT size=3D-1>[*Federally-supported is defined throughout the =
Assurance=20
document and the Terms of Assurance as the U.S. Government providing any =
funding=20
or other support.] </P></FONT>
<P><B>3.&nbsp;&nbsp; Compliance with Laws, Regulations, Policies, and=20
Guidelines</B> </P>
<P>When the Institution becomes engaged in U.S. federally-conducted or=20
=96supported human subjects research to which the FWA applies, the =
Institution and=20
institutional review boards (IRBs) or independent ethics committees =
(IECs)=20
designated under the FWA at a minimum will comply with one or more of =
the=20
following: </P>
<UL>
  <P>a) The U.S. Federal Policy for the Protection of Human Subjects =
(see=20
  section 3 of the Terms of the FWA for Institutions within the United =
States=20
  for a list of U.S. federal departments and agencies that have adopted =
the=20
  Common Rule); </P>
  <P>b) The Common Rule and subparts B, C, and D of the U.S. Department =
of=20
  Health and Human Services (HHS) regulations at 45 CFR part 46; </P>
  <P>c) The U.S. Food and Drug Administration (FDA) regulations at 21 =
CFR parts=20
  50 and 56; </P>
  <P>d) The May 1, 1996, International Conference on Harmonization E-6=20
  Guidelines for Good Clinical Practice (ICH-GCP-E6), Sections 1 through =
4; </P>
  <P>e) The 1993 Council for International Organizations of Medical =
Sciences=20
  (CIOMS) International Ethical Guidelines for Biomedical Research =
Involving=20
  Human Subjects; </P>
  <P>f) The 1998 Medical Research Council of Canada Tri-Council Policy =
Statement=20
  on Ethical Conduct for Research Involving Humans; </P>
  <P>g) The 2000 Indian Council of Medical Research Ethical Guidelines =
for=20
  Biomedical Research on Human Subjects; or </P>
  <P>h) Other standard(s) for the protection of human subjects =
recognized by=20
  U.S. federal departments and agencies which have adopted the U.S. =
Federal=20
  Policy for the Protection of Human Subjects. </P></UL>
<P>All U.S. federally-conducted or -supported human subjects research to =
which=20
the FWA applies will also comply with any additional human subjects =
regulations=20
and policies of the U.S. federal department or agency which conducts or =
supports=20
the research and any other applicable U.S. federal, international, =
state, local,=20
or institutional <B></B>laws<B>,</B> regulations, and policies. </P>
<P>The head of the U.S. federal department or agency retains final =
judgment as=20
to whether a particular activity conducted or supported by the =
respective=20
department or agency is covered by the Common Rule.&nbsp; If the =
Institution=20
needs guidance regarding implementation of the Common Rule and/or other=20
applicable U.S. federal regulations, the Institution should contact =
appropriate=20
officials at the U.S. federal department or agency conducting or =
supporting the=20
research.&nbsp; For U.S. federally-conducted or =96supported research =
covered by=20
the FWA, the U.S. federal department or agency that conducts or supports =
the=20
research retains final authority for determining whether the Institution =

complies with the Terms of Assurance. &nbsp; If HHS receives an =
allegation or=20
indication of noncompliance related to human subjects research that is =
covered=20
by the FWA and is conducted or supported solely by a Common Rule =
department or=20
agency other than HHS, HHS will refer the matter to the other U.S. =
federal=20
department or agency for review and action as appropriate. </P>
<P><B>4.&nbsp;&nbsp; IRB/IEC Written Procedures*</B> </P>
<UL>
  <P>a) The Institution submitting the FWA has established written =
procedures*=20
  for ensuring prompt reporting to the IRB/IEC, appropriate =
institutional=20
  officials, the head of any U.S. federal department or agency =
conducting or=20
  supporting the research (or designee), any applicable regulatory body, =
and=20
  OHRP of any: </P>
  <OL>
    <LI>
    <P>unanticipated problems involving risks to subjects or others; =
</P>
    <LI>
    <P>serious or continuing noncompliance with the applicable U.S. =
federal=20
    regulations or the requirements or determinations of the =
IRB(s)/IEC(s); and=20
    </P>
    <LI>
    <P>suspension or termination of IRB/IEC approval. </P></LI></OL>
  <P>Upon request, the Institution will provide a copy of these written=20
  procedures to OHRP and any department or agency conducting or =
supporting=20
  research covered by the FWA. </P>
  <P>b) The Institution must ensure that the IRB(s)/IEC(s) designated =
under the=20
  FWA has established written procedures* for: </P>
  <OL>
    <P>
    <LI>conducting IRB/IEC initial and continuing review (not less than =
once per=20
    year), of research, and reporting IRB/IEC findings to the =
investigator and=20
    the Institution;=20
    <P></P>
    <LI>
    <P>determining which projects require review more often than =
annually and=20
    which projects need verification from sources other than the =
investigator=20
    that no material changes have occurred since the previous IRB/IEC =
review;=20
    and </P>
    <LI>
    <P>ensuring prompt reporting to the IRB/IEC of proposed changes in a =

    research activity, and for ensuring that such changes in approved =
research,=20
    during the period for which IRB/IEC approval has already been given, =
may not=20
    be initiated without IRB/IEC review and approval, except when =
necessary to=20
    eliminate apparent immediate hazards to the subjects. </P></LI></OL>
  <P>Upon request, the Institution will provide a copy of these written=20
  procedures to OHRP and any department or agency conducting or =
supporting=20
  research covered by the FWA. </P>
  <P><FONT size=3D-1>[*For HHS-conducted or -supported human subjects =
research,=20
  see <U><A=20
  =
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm">OHRP=
=20
  guidance on written IRB procedures</A></U> on the OHRP website at <A=20
  =
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm">http=
://www.hhs.gov/ohrp/humansubjects/guidance/irbgd702.htm</A>.]</P></FONT><=
/UL>
<P><B>5.&nbsp;&nbsp; Scope of IRB(s)/IEC(s)=92s Responsibilities</B> =
</P>
<P>All U.S. federally-conducted or -supported research to which the FWA =
applies,=20
except for research exempted or waived in accordance with sections =
101(b) or=20
101(i) of the U.S. Common Rule, will be reviewed, prospectively =
approved, and=20
subject to continuing review at least annually by the designated =
IRB(s)/IEC(s).=20
&nbsp; The IRB(s)/IEC(s) shall have authority to approve, require =
modifications=20
in, or disapprove the covered human subjects research.&nbsp; For =
research=20
approved by the IRB(s)/IEC(s), further appropriate review and approval =
by any=20
U.S. federal department or agency conducting or supporting the research =
or by=20
officials of the institution holding the FWA may be required. </P>
<P><B>6.&nbsp;&nbsp; Informed Consent Requirements</B> </P>
<P>Except for research exempted or waived in accordance with Sections =
101(b) or=20
101(i) of the U.S. Common Rule, informed consent for research to which =
the FWA=20
applies will be: </P>
<P>
<UL>a) sought from each prospective subject or the subject=92s legally=20
  authorized representative, in accordance with, and to the extent =
required by,=20
  Section 116 of the U.S. Common Rule; and=20
  <P></P>
  <P>b) appropriately documented, in accordance with, and to the extent =
required=20
  by, Section 117 of the U.S. Common Rule. </P></UL>
<P><B>7.&nbsp;&nbsp; Considerations for Special Class of Subjects</B> =
</P>
<P>For HHS-conducted or supported human subjects research, the =
Institution will=20
comply with the HHS regulations at 45 CFR part 46, subparts B, C, and D, =
prior=20
to the involvement of pregnant women, &nbsp; fetuses, or neonates; =
prisoners; or=20
children, respectively. &nbsp; For non-HHS U.S. federally-supported =
human=20
subjects research, the Institution will comply with any human subject=20
regulations and/or policies of the supporting U.S. federal department or =
agency=20
for these classes of subjects. </P>
<P><B>8.&nbsp;&nbsp; Requirement for Assurances for Collaborating=20
Institutions</B> </P>
<P>When the Institution holding the FWA is either a) the primary awardee =
under a=20
U.S. federal grant, contract, or cooperative agreement supporting =
research to=20
which the FWA applies, or b) the coordinating center for U.S.=20
federally-conducted or =96supported research to which the FWA applies, =
the=20
Institution is responsible for ensuring that all collaborating =
institutions=20
engaged in such research operate under an appropriate OHRP-approved or =
other=20
U.S. federally-approved assurance for the protection of human subjects. =
&nbsp;=20
</P>
<P>An institution holding an FWA may collaborate with another =
institution that=20
does not have an FWA.&nbsp; In such circumstances, a collaborating =
institution=20
may operate under the FWA with the approval of the U.S. federal =
department or=20
agency conducting or supporting the research and the institution holding =
the=20
FWA. </P>
<P>For U.S. federally-conducted or =96supported&nbsp; research covered =
by the FWA,=20
the U.S. federal department or agency that conducts or supports the =
research=20
retains final authority for determining which institutions are engaged =
in the=20
research and need to hold an assurance for the protection of human =
subjects.=20
</P>
<P><B>9. Written Agreements with Independent Investigators Who are=20
not<BR>Otherwise Affiliated with the Institution</B> </P>
<P>When the Institution holding the FWA is either a) the primary awardee =
under a=20
U.S. federal grant, contract, or cooperative agreement supporting =
research to=20
which the FWA applies, or b) the coordinating center for U.S.=20
federally-conducted or =96supported research to which the FWA applies, =
the=20
Institution is responsible for ensuring that all collaborating =
independent=20
investigators engaged in such research operate under an appropriate=20
OHRP-approved or other U.S. federally-approved assurance for the =
protection of=20
human subjects. </P>
<P>The engagement in U.S. federally-conducted or =96supported human =
subjects=20
research activities to which the FWA applies by each independent =
investigator=20
who is not otherwise an employee or agent of the Institution may be =
covered=20
under the FWA only in accordance with a formal, written agreement of =
commitment=20
to relevant human subject protection policies and IRB/IEC review. &nbsp; =
OHRP=92s=20
sample <A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf">Ind=
ividual=20
Investigator Agreement</A> (see <A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf">htt=
p://www.hhs.gov/ohrp/humansubjects/assurance/unaflsup.rtf</A>)=20
may be used or adapted for this purpose, or the Institution may develop =
its own=20
commitment agreement in coordination with the U.S. federal department or =
agency=20
conducting or supporting the research. &nbsp; Institutions should =
maintain=20
commitment agreements on file and provide copies upon request to OHRP or =
any=20
U.S. federal department or agency conducting or supporting the research. =
</P>
<P>For U.S. federally-conducted or =96supported&nbsp; research covered =
by the FWA,=20
the U.S. federal department or agency that conducts or supports the =
research=20
retains final authority for determining which independent investigators =
are=20
engaged in the research and need to be covered by a written commitment =
agreement=20
with the institution holding the FWA. </P>
<P><B>10. Institutional Support for the IRB(s)/IEC(s)</B> </P>
<P>The Institution will ensure that each IRB(s)/IEC(s) designated under =
the FWA=20
has meeting space and sufficient staff to support the IRB=92s/IEC=92s =
review and=20
recordkeeping duties. </P>
<P><B>11. Compliance with the Terms of Assurance</B> </P>
<P>The Institution accepts and will follow items 1-10 above and is =
responsible=20
for ensuring that (a) the IRB(s)/IEC(s) designated under the FWA agree =
to comply=20
with these terms, and (b) the IRB(s)/IEC(s) possess appropriate =
knowledge of the=20
local research context for all research to which the FWA applies (please =
refer=20
to the <U><A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/local.htm">OHRP =
Guidance on=20
IRB Knowledge of Local Research Context</A></U> on the OHRP website at =
<A=20
href=3D"http://www.hhs.gov/ohrp/humansubjects/guidance/local.htm">http://=
www.hhs.gov/ohrp/humansubjects/guidance/local.htm</A>).=20
</P>
<P>Any designation under the FWA of the IRB/IEC or another institution =
or=20
organization should be documented by a written agreement between the =
Institution=20
holding the FWA and the IRB/IEC organization outlining their =
relationship and=20
include a commitment that the designated IRB/IEC will adhere to the =
requirements=20
of the FWA. OHRP=92s sample IRB Authorization Agreement may be used for =
such=20
purpose, or the parties involved may develop their own agreement. This =
agreement=20
should be kept on file at both institutions/organizations and made =
available=20
upon request to OHRP and any U.S. federal department or agency =
conducting or=20
supporting research covered by the FWA. </P>
<P><B>12. Assurance Training</B> </P>
<P>The <A href=3D"http://137.187.172.153/CBTs/Assurance/login.asp">OHRP =
Assurance=20
Training Modules</A> (see&nbsp; <A=20
href=3D"http://137.187.172.153/CBTs/Assurance/login.asp">http://137.187.1=
72.153/CBTs/Assurance/login.asp</A>)=20
describe the major responsibilities of the Institutional Signatory =
Official, the=20
Human Protection Administrator (e.g., Human Subjects Administrator or =
Human=20
Subjects Contact Person), and the IRB/IEC Chair(s) that must be =
fulfilled under=20
the FWA. &nbsp; OHRP strongly recommends that the Institutional =
Signatory=20
Official, the Human Protections Administrator, and the IRB/IEC Chair(s)=20
personally complete the relevant OHRP Assurance Training Modules, or =
comparable=20
training that includes the content of these Modules, prior to submitting =
the=20
FWA. </P>
<P><B>13. Educational Training</B> </P>
<P>OHRP strongly recommends that the Institution and the designated=20
IRB(s)/IEC(s) establish educational training and oversight mechanisms=20
(appropriate to the nature and volume of its research) to ensure that =
research=20
investigators, IRB/IEC members and staff, and other appropriate =
personnel=20
maintain continuing knowledge of, and comply with the following: &nbsp; =
relevant=20
ethical principles; relevant U.S. regulations; written IRB/IEC =
procedures; OHRP=20
guidance; other applicable guidance; national, state and local laws; and =

institutional policies for the protection of human subjects. &nbsp; =
Furthermore,=20
OHRP recommends that a) IRB/IEC members and staff complete relevant =
educational=20
training before reviewing human subjects research; and b) research =
investigators=20
complete appropriate institutional educational training before =
conducting human=20
subjects research. </P>
<P><B>14. Renewal of Assurance</B> </P>
<P>All information provided under the FWA should be renewed or updated =
every 36=20
months (3 years), even if no changes have occurred, in order to maintain =
an=20
active FWA. &nbsp; Failure to update this information may result in =
restriction,=20
suspension, or termination of the Institution's FWA for the protection =
of human=20
subjects. </P>
<P><B>INTERNATIONAL INSTITUTIONS ACCEPTING THESE TERMS MAY PROCEED WITH =
THE=20
ASSURANCE FILING PROCESS</B> </P><FONT size=3D-1>
<P>[ <A =
href=3D"http://www.hhs.gov/ohrp/assurances/assurances_index.html">Return =

to OHRP Assurance Main Page</A> ] </P>
<P>&nbsp;</P>
<P>&nbsp;</P>
<P>&nbsp;</P>
<P align=3Dcenter><EM>If you have questions about human subjects =
research, click=20
<A href=3D"mailto:ohrp@osophs.dhhs.gov">ohrp@osophs.dhhs.gov</A><BR>If =
you have=20
questions/suggestions about this web page, click <A=20
href=3D"mailto:lniemoeller@osophs.dhhs.gov">Webmaster</A><BR>Updated=20
[2/02/2005]</EM> </P></FONT></DIV></BODY></HTML>

