Data Contract Condition Language for:
National Center for Education Statistics
sorted by Category and Condition
October 24, 2014, 2:45 pm
Data used for statistical purposes
III. D. Licensee may publish the results, analysis, or other information developed as a result of any research based on subject data made available under this license only in summary or statistical form so that the identity of individual respondents contained in the subject data is not revealed.
No administrative uses of data
III.A. Licensee shall not use or disclose subject data for any administrative purposes nor may they be applied in any manner to change the status, condition, or public perception of any individual regarding whom subject data is maintained. (Note: Federal Law pre-empts any State law that might require the reporting or dissemination of these data for any purpose other than the statistical purposes for which they were collected.)
No redistribution of data
II. C. Licensee may disclose subject data to individuals who desire to do independent research, under the following conditions:
1.The independent researcher submits an application for access to subject data to IES directly, or through the Licensee.
2.IES provides written approval for the Licensee to disclose subject data to the independent researcher.
3.The Licensee completes the affidavit procedures in paragraph IV.B. of the license.
Stick to original research plan
I. B1. The Licensee may only use the subject data in a manner and to a purpose consistent with:
1. the statistical purpose for which the data were supplied, (Licensee's description of the research and analysis which is planned as described in your request for data is attached and made a part of this license - Attachment No. 1.)
Inspections & Penalties
VI. B. Any violation of this license may also be a violation of Federal criminal law under the Privacy Act of 1974 (5 U.S.C. 552a); section 183 of the Education Sciences Reform Act of 2002; and/or Title V, subtitle A of the E-Government Act of 2002. Alleged violations under section 183 of the Education Sciences Reform Act of 2002 and Title V, subtitle A of the E-Government Act of 2002 are subject to prosecution by the United States Attorney. The penalty for violation of section 183 of the Education Sciences Reform Act of 2002 and Title V, subtitle A of the E-Government Act of 2002, is a fine of not more than $250,000 and imprisonment for a period of not more than five years.
Inspections & Penalties
Site Inspections can/will occur
IV.G. Licensee agrees that representatives of IES have the right to make unannounced and unscheduled inspections of the Licensee's facilities, including any associated computer center, to evaluate compliance with the terms of this license and the requirements of section 183 of the Education Sciences Reform Act of 2002; Title V, subtitle A of the E-Government Act of 2002; and the Privacy Act of 1974 (5 U.S.C. 552a).
IV.D. 1. Licensee shall provide IES a copy of each publication containing information based on subject data or other data product based on subject data before they are made available to individuals who have not executed an affidavit of nondisclosure.
IV.D.2. When publication or other release of research results could raise reasonable questions regarding disclosure of individually identifiable information contained in subject data, copies of the proposed publication or release must be provided to IES before that disclosure is made so that IES may advise whether the disclosure is authorized under this license and the provisions of section 183 of the Education Sciences Reform Act of 2002; Title V, subtitle A of the E-Government Act of 2002; and the Privacy Act of 1974 (5 U.S.C. 552a). Licensee agrees not to publish or otherwise release research results provided to IES if IES advises that such disclosure is not authorized.
No case listings in publications
III.C Licensee shall not make any publication or other release of subject data listing information regarding individual respondents even if the individual respondent identifiers have been removed.
IV.D.1 Licensee shall provide IES a copy of each publication containing information based on subject data or other data product based on subject data before they are made available to individuals who have not executed an affidavit of nondisclosure.
V.A.4. Licensee shall ensure that all printouts, tabulations, and reports are edited for any possible disclosures of subject data.
Share an office? All must be on contract
V.2. Licensee shall maintain subject data (whether maintained on a
personal computer or on printed or other material) in a space that is
limited to access by authorized PT/S.
Work location defined
V.6. Licensee shall not permit removal of any subject data from the
limited access space protected under the provisions of this license
as required in the attached Security Plan Form, without first
notifying, and obtaining written approval from IES.
IV.F. Licensee shall notify IES immediately upon discovering any breach or suspected breach of security or any disclosure of subject data to unauthorized parties or agencies.
FOIA or other legal data request
IV.E. Licensee shall notify IES immediately upon receipt of any legal, investigatory, or other demand for disclosure of subject data.
IV.4.B. 1-5 Execution of affidavits of nondisclosure.
1. Licensee shall provide a copy of this agreement, together with the Security Plan Form (Attachment No. 3) to each PT/S of the licensee who will have access to subject data and shall require each of those PT/S to execute an affidavit of nondisclosure. Licensee shall also provide a copy of the attached Security Plan Form, and the abstracted statement of the statistical purpose for which the data were supplied, to each independent researcher approved by IES who the licensee intends to have access to subject data and shall require each of those researchers to execute an affidavit of nondisclosure.
2. The Licensee must ensure that each individual who executes an affidavit of nondisclosure reads and understands the materials provided to her or him before executing the affidavit.
3. Licensee shall ensure that each affidavit of nondisclosure is notarized upon execution.
4. Licensee may not permit any individual specified in paragraph II.A. to have access to subject data until the procedures in paragraphs IV.B.1. through 3. of this license are fulfilled for that individual.
5. Licensee shall promptly, after the execution of each affidavit, send the original affidavit to IES and shall maintain a copy of each affidavit at the licensee's secured facility protected under this license.
Amendments require UM signature
VII.B. This license may be amended, extended or terminated by mutual written agreement between the Licensee and the Director of IES. Any amendment must be signed by a Senior Official specified in paragraph VII.C. of this license, PPO, and the Director and is effective on the date that all required parties have signed the amendment.
II.A.18.104.22.168. There are four categories of individuals that the Licensee may authorize to have access to subject data. The four categories of individuals are as follows:
1. The Principal Project Officer (PPO) is the most senior officer in charge of the day-to-day operations involving the use of subject data and is responsible for liaison with IES.
2. Professional/Technical Staff (P/TS) conduct the research for which this license was issued.
3. Support staff includes secretaries, typists, computer technicians, messengers, etc. Licensee may disclose subject data to support staff who come in contact with the subject data in course of their duties only to the extent necessary to support the research under this license.
4. An independent researcher is an individual who has satisfied the requirements specified in paragraph II.C. of this license.
Limit number of users on contract
II.B. Licensee may disclose subject data to only seven (7) P/TS unless IES provides written authorization for a larger number of P/TS.
Removal of Personnel on contract
IV.C.1. Licensee shall promptly notify IES when any PT/S who has been authorized to have access to subject data no longer has access to those data.
V.B. Licensee shall return to IES all subject data, or destroy those data under IES supervision or by approved IES procedures when the research that is the subject of this agreement has been completed or this license terminates, whichever occurs first.
Signer has authority to bind university
VII.C.1-3 The Senior Official (SO) having the legal authority to bind the organization to the terms of the license, shall sign this license below. The SO certifies, by his/her signature, that -
1. The organization has the authority to undertake the commitments in this license;
2. The SO has the legal authority to bind the organization to the provisions of this license; and
3. The PPO is the most senior statistical officer for the licensee who has the authority to manage the day-to-day statistical operations of the Licensee.