Page:United States Statutes at Large Volume 108 Part 5.djvu/544

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108 STAT. 4034 PUBLIC LAW 103-382—OCT. 20, 1994 to ensure that statistics and other information disseminated by the Center are of high quality and are not subject to partisan poHtical influence; and (B) advise the Commissioner and the National Assessment Governing Board on technical and statistical matters related to the National Assessment of Educational Progress. (6) STAFF.— The Council shall appoint a staff of not more than six individuals with technical expertise to enable the Council to carry out its duties. 20 USC 9007. SEC. 408. CONFmENTIAUTY. (a) CONFIDENTIALITY STANDARDS.— (1) IN GENERAL. —(A) The Center shall develop and enforce standards designed to protect the confidentiality of persons in the collection, reporting, and publication of data under this title. (B) This section shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies that receive grants from, or have contracts or cooperative agreements with, the Federal Government. (2) PROHIBITION.—No person may— (A) use any individually identifiable information furnished under this title for any purpose other than a statistical purpose; (B) make any publication whereby the data furnished by any particular person under this title can be identified; or (C) permit anyone other than the individuals authorized by the Commissioner to examine the individual reports. (b) ADMINISTRATION. — (1) IN GENERAL.— No department, bureau, agency, officer, or employee of the Federal Government, except the Commissioner in carrying out the purposes of this title, shall require, for any reason, copies of reports that have been filed under this title with the Center or retained by any individual respondent. Copies of such reports that have been so filed or retained with the Center or any of the Center's employees, contractors, or agents shall be immune from legal process, and shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. This paragraph shall apply only to individually identifiable information (as defined in paragraph (5)(A)). (2) EMPLOYEE OR STAFF VIOLATIONS. —Whoever, being or having been an employee or staff member of the Department, having taken or subscribed the oath of office, or having sworn to observe the limitations imposed by subsection (a)(2), knowingly publishes or communicates any individually identifiable information (as defined in paragraph (5)(A)), the disclosure of which is prohibited by subsection (a)(2), and that comes into such employee or staffs possession by reason of employ- ment (or otherwise providing services) under this title, shall be found guilty of a class E felony and imprisoned for not more than five years, or fined as specified in section 3571 of title 18, United States Code, or both.