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.
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