Data Contract Condition Language for:
National Science Foundation

sorted by Category and Condition

September 17, 2014, 1:36 pm

Data Use

Cannot merge new files w/o amendment

II. B. Principal Researcher shall not merge or match Subject Data with any data without advance written approval of SRS.

Data used for statistical purposes

II. A. Principal Researcher shall not use Subject Data for other than statistical purposes. Principal Researcher shall not use Subject Data in any manner to change the status, condition, or public perception of any individual with regard to whom Subject Data are maintained. Principal Researcher shall not use or disclose Subject Data for any administrative purpose.

No administrative uses of data

II. A . . . Principal Research shall not use or disclose Subject Data for any administrative purpose.

No redistribution of data

II. C. Principal Researcher shall not disclose Subject Data to anyone, including other employees of the Principal Researcher's institution, except the Collaborating Researcher (s) listed below:

The Principal Researcher shall not disclose Subject Data to the above named Collaborating Researchers until they have completed an Affidavit of Nondisclosure and such Affidavit is included in Attachment No. 4.

II. D. The Principal Researcher may disclose Subject Data to designated SRS employees working in the course of their employment. Such designation will be requested of and made by the Director of SRS.

Stick to original research plan

I.B.1. The Principal Researcher may only use the Subject Data in a manner and for a purpose consistent with:

(1) the exclusively statistical purpose for which the data were supplied, which statement of purpose is set forth in a research plan and attached as part of this License in Attachment No. 2;

Training & Awareness

II. C . . . The Principal Researcher shall ensure that the Collaborating Researchers shall have the same reponsibilities and observe the same requirements respecting the Subject Data that are set forth herein as to the Principal Researcher and Licensees.

Inspections & Penalties

Penalty

VI.B. Any violation of this License may also be a violation of Federal criminal law under the Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA), 44 U.S.C. 3501, et sec., and section 14(i) of the National Science Foundation Act of 1950, as amended, 42 U.S.C. 1873(i). Violation of the CIPSEA may result in a fine up to $250,000, imprisonment for a period of up to five (5) years, or both; and for section 14(i) a fine up to $10,000, imprisonment for a period of up to five (5) years, or both. A violation of this License may also violate the Privacy Act of 1974, 5 U.S.C. 552a, which carries potential criminal sanctions.

Inspections & Penalties

Site Inspections can/will occur

III. E. The Licensees agree that representatives of NSF have the right to make unannounced and unscheduled inspections of the Licensees' facilities, including any associated computer center, to evaluate compliance with the terms of this License and the requirements of 5 U.S.C. 552a.

Publication

Disclaimer language

III.A. 3. Principal Researcher shall cite the sources used and include the following statement in all publications or releases of research results using NSF restricted (or unrestricted) data.
"The use of NSF data does not imply NSF endorsement of the research, research methods, or conclusions contained in this report."

No case listings in publications

II.E Principal Researcher and Collaborating Researchers shall not make any publication or other release that lists Subject Data information regarding specific individuals even if individual identifiers have been removed.

Pre-review required

III.A.1 Principal Researcher shall provide SRS a copy of all or sufficient portions of each paper, report, or other data product containing information based on Subject Data at least forty-five (45) days prior to its submission for publication review, publication or other dissemination to anyone not listed in this License.

Security

Printouts

IV.B The Licensees shall maintain Subject Data including printed or other material in a space that is limited to access by authorized personnel.

Share an office? All must be on contract

IV. B. The Licensees shall maintain Subject Data including printed or other material in a space that is limited to access by authorized personnel.

Work location defined

Security details are required via Attachment 3. Must be a stand-alone computer and office # is specified in security plan.

Legal Details

Data Breach

III.C. Principal Researcher shall notify SRS 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

III.B. Principal Researcher shall notify SRS immediately upon receipt of any legal, investigative, or other demand for disclosure of Subject Data.

Extras Administration

Affidavits

The Principal Researcher shall not disclose Subject Data to the above named Collaborating Researchers until they have completed an Affidavit of Nondisclosure and such Affidavit is included in Attachment No. 4.

Amendments require UM signature

VII.C. This License may be amended or extended by mutual written agreement between the Licensees and the Director of SRS. Any amendment must be signed by all parties to the original agreement or their assignees and is effective on the date that all required parties have signed the amendment.

Annual/progress report required

Expiration Date

IV. D The Licensees that ensure that all printouts, tabulations, and reports are edited for any possible disclosures of Subject Data using generally accepted methods.

Investigator requirements

Paragraph 2. ...IT IS HEREBY AGREED BETWEEN Principal Researcher (the most senior researcher for this License Agreement who has the authority to manage the day-to-day statistical operations), and Parent Institution of the Principal Researcher...

Return/destroy media

V.A. The Licensees shall return to NSF all Subject Data or destroy those data under NSF supervision or by approved NSF procedures when the research that is the subject of this agreement has been completed, or when this License has expired, or been revoked, or terminated.

Signer has authority to bind university

VIII.A. The institutional signatory to this agreement must have the authority to bind the parent institution to the terms of the License and so signify by his/her signature below that the parent institution has the authority to undertake the commitments set forth in this License.