Data Contract Condition Language for:
New Immigrant Survey

sorted by Category and Condition

October 20, 2014, 8:32 pm

Data Use

Cannot merge new files w/o amendment

II.G. No attempt will be made to link Restricted Data with any other dataset without written authorization from the NIS.

Data used for statistical purposes

II.A. That the data will be used solely for scientific and public policy statistical analyses, as described in the Research Plan submitted to and approved by NIS and attached to this agreement.

II. F. Restricted Data will be used only to generate statistical summary information
that does not permit the identification of any individual person, family,
household, employer, or institution.

No administrative uses of data

II. D. Under no circumstances will the Investigator use or disclose the Restricted Data
for any purpose not stated in the Research Plan, including but not limited to any
administrative or law enforcement purpose pursuant to a Certificate of
Confidentiality.

No re-identification

II. E. No attempt will be made to identify specific individuals, families, households, employers, or institutions; . . .

No redistribution of data

II. Data provided under this agreement shall be held by the Investigator, Research Staff, at the Receiving Institution in strictest confidence and can be disclosed only in compliance with the terms of this agreement.

Stick to original research plan

II.A. That the data will be used solely for scientific and public policy statistical analyses, as described in the Research Plan submitted to and approved by NIS and attached to this agreement.

Inspections & Penalties

Penalty

X. Violations of this agreement will be reported to the National Institutes of Health.

V. C. The Receiving Institution will treat allegations by NIS of violations of this
agreement as it does allegations of violations of its policies on scientific
integrity and misconduct. Formal written policies and procedures for resolving
questions of scientific integrity and misconduct from the Receiving Institution
have been provided to NIS.

Inspections & Penalties

Site Inspections can/will occur

X. . . . NIS personnel reserve the right to undertake unannounced site visits to verify
continued compliance.

Publication

Cite/acknowledge data

II.L. To include in each written report or other publication based on analysis of restricted data from NIS, the following statement:
The New Immigrant Survey, a research project designed by G. Jasso, D. Massey, M. Rosenzweig, and J. Smith, and funded by NIH HD33843, NSF, USCIS, ASPE & Pew. Restricted Use Data, Version (1 or 2), 2007. Retrieved {date}. Persons interested in obtaining NIS Restricted Use Data should see http://nis.princeton.edu/data_restricted.html for further information.

Disclosure conditions

II.F. a-g. Restricted Data will be used only to generate statistical summary information that does not permit the identification of any individual person, family, household, employer, or institution. To avoid inadvertent disclosure of persons, families, households, or institutions by using the following guidelines in the release of statistics derived from the dataset.

a. In no table should all cases in any row or column be found in a single cell.

b. In no case should the total for a row or column of a cross-tabulation be fewer than three.

c. In no case should a cell frequency of a cross-tabulation be fewer than three cases.

d. In no case should a quantity figure be based on fewer than three cases.

e. Data released should never permit disclosure when used in combination with other known data.

f. No geographic unit (state, county, metropolitan area, city, etc.) with fewer than 100 NIS respondents will be separately tabulated.

g. No country of origin with fewer than 40 NIS respondents will be separately tabulated.

No case listings in publications

II.E No attempt will be made to identify specific individuals, families, households, employers, or institutions; nor will any list of data at the individual or family level be published or otherwise distributed.

Security

Security plan incorporated by reference

II. B. Restricted Data will be safeguarded in accordance with the Restricted Data Protection Plan submitted to and approved by NIS and attached to this agreement.

Legal Details

FOIA or other legal data request

II. D. Under no circumstances will the Investigator use or disclose the Restricted Data
for any purpose not stated in the Research Plan, including but not limited to any
administrative or law enforcement purpose pursuant to a Certificate of
Confidentiality.

Inadvertent Discovery

II. E. . . . . . If the identity of any person, family,
household, school, or institution should be discovered inadvertently, then (a) no
use will be made of this knowledge; (b) the Principal Investigator(s) of NIS will
be advised of the incident; (c) the information that would identify the person,
family, household, school, or institution will be safeguarded or destroyed as
requested by NIS; and (d) no one else will be informed of the discovered
identity.

Extras Administration

Affidavits

II. J. 2. When Research Staff join the project, they will submit the Supplemental
Agreement with Research Staff. Such Supplemental Agreements must be
submitted before the new Research Staff may have access to the Restricted
Data.

Annual/progress report required

II.K. 1-4 The investigator will provide NIS annual reports, which include:
1. a copy of the annual IRB approval for the research project;
2. a list of public presentations at professional meetings using results based on these data;
3. a list of papers accepted for publication using these data, with complete citations;
4. a list of graduate students using the NIS data for dissertations or theses, the titles of these papers, and the dates of completion.

Center Director to supervise project

In the event the Principal Investigator does not have federal funding
IV.A-D. The Center Director represents and warrants that:
A. The Center Director is currently the Principal Investigator of a federally funded grant or contract which provides institutional support to the research center and information on the center's federally-funded grant(s) and contract(s) has been supplied to NIS.
B. The Center Director agrees to assume responsibility for ensuring compliance with the Restricted Data Agreement by the Investigator and all other individuals with access to the restricted data.
C. The Center Director has reviewed and agreed with the Research Plan, the Restricted Data Agreement, and the Restricted Data Protection Plan.

Certificate of Confidentiality

VI. Research subjects who participated in NIS study are protected by a Certificate of Confidentiality issued by the Department of Health and Human Services in accordance with the provisions of section 301(d) of the Public Health Service Act (42 U.S. C., 241(d)). The Receiving Institution is considered to be a contractor or cooperating agency of Princeton University under the terms of the Certificate of Confidentiality; as such, the Receiving Institution, the Investigator, and Research Staff are authorized to protect the privacy of the individuals who are the subjects of NIS by withholding their identifying characteristics from all persons not connected with the conduct of the study. Identifying characteristics are consider those data defined as restricted under the terms of this contract.

Expiration: Date or Length in DUA

VIII. Duration of License
The Restricted Data Use Agreement expires after 36 months, with the option of applying for an extension. The License will go into effect upon approval of the Licenses by NIS, and will remain in effect until the completion of the research project, or 36 months from the date the License is accepted by NIS, whichever comes first.

Hostage project required

III.A-C C. Only for Restricted Data Version 2: The Investigator has a current federally funded research grant or contract that has been provided to NIS.

Investigator requirements

I.2 Investigator - The person primarily responsible for analysis and other use of restricted data obtained through this agreement. The Investigator must hold a faculty appointment or research position at the Receiving Institution and assumes all responsibility for compliance with all terms of this License by employee of the Receiving Institution.

III. A-C. The Investigator represents and warrants that:
A. The Investigator has permanent, faculty appointments or faculty-equivalent research appointments at the Receiving Institution. "Permanent" in this agreement means a full time employment throughout the course of the proposed project.
B. All research staff signing the Supplemental Agreement with Research Staff have a formal affiliation (i.e. employee, currently enrolled student, etc.) with the Receiving Institution and with the research project described in the Research Plan, and will have access to Restricted Data only under the supervision of the Investigator and subject to the terms of the Restricted Data Protection Plan.
C. Only for Restricted Data Version 2: The Investigator has a current federally funded research grant or contract that has been provided to NIS.

IRB required

I.3 Receiving Institution - The university or research institution employing the Investigator and at which the Investigator will conduct research using restricted data obtained through this agreement. The receiving Institution must have an Institutional Review Board/Human Subjects Review Committee registered with the United States Office for Human Research Protections or the National Institute of Health.

V. A-C The Receiving Institution represents and warrants that:
A. The Receiving Institution has an IRB/Human Subjects Protection Committee in accordance with the DHHS regulations codified at Title 45 Part 46 of the Code of Federal Regulations. Proof of such certification and the Institution's Multiple Project Assurance (MPA) or Federalwide Assurance (FWA) number has been provided to NIS.
B. The Receiving Institution's IRB/Human Subjects Protection Committee has reviewed and approved the Research Plan, the Restricted Data Agreement, and the Restricted Data Protection Plan in accordance with the DHHS regulations codified at Title 45 Part 46 of the Code of Federal Regulations, using the standards and procedures for live human subjects, and that certification of such approval has been provided to NIS.

Removal of Personnel on contract

II.J.1-2. If in the event there are changes in the Research Staff, the Investigator will take the following actions:
1. When Research Staff leave the project, the Investigator will notify NIS that these individuals are no longer authorized to access the Restricted Data.
2. When Research Staff join the project, they will submit the Supplemental Agreement with Research Staff. Such Supplemental Agreements must be submitted before the new Research Staff may have access to the Restricted Data.

II. J. 1. When Research Staff leave the project, the Investigator will notify NIS that these individuals are no longer authorized to access the Restricted Data.

Return/destroy media

VII. The Investigator will ensure that all copies of Restricted Data, on whatever media, will be destroyed at the completion of the research project, or within 36 months from the date this License is accepted by NIS, or within 5 days of a written request from NIS.

Signer has authority to bind university

I. 5. Representative of the Receiving Institution – An individual authorized to enter
into contractual agreement on behalf of the Receiving Institution, such as a Vice
President, Dean, Provost, Center Director, or similar official. NOTE: A Department Chair is not acceptable unless specific written delegation
of authority exists.