Pub. L. 101-589, tit. II, pt. E, sec. 252
NATIONAL CENTER FOR EDUCATION STATISTICS.
SEC. 252. NATIONAL CENTER FOR EDUCATION STATISTICS. Paragraph (4) of section 406(d) of the General Education Provisions Act (20 U.S.C. 1221e–1(d)) is amended by adding at the end the following: 104 STAT. 2895 “(G) (i) This paragraph shall not apply to— “(I) the survey required by section 1303(c) of the Higher Education Amendments of 1986; or “(II) to any longitudinal study concerning access, choice, persistence progress, or attainment in postsecondary education. “(ii) Any person, except those sworn to observe the limitation of this subsection, who uses any data as described in clause (i) provided by the Center, in conjunction with any other information or technique (including deencryption), to identify any individual student, teacher, administrator, or other person and who discloses, publishes, or uses for a purpose other than that for which it was collected, or who otherwise violates clause (i) or (ii) of subparagraph (A), shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. “(iii) No employee or staff member of the Center or of an institution of higher education may be found criminally liable under subparagraph (C), based on a violation of subparagraph (A) or clause (i), if such employee or staff member has taken reasonable precautions, consistent with the purpose of this section, to ensure the confidentiality of data made available to the public. “(H) Nothing in this paragraph shall restrict the right of the Comptroller General of the United States to gain access to any reports or other records, including information identifying individuals, in the Center’s possession; except that the same restrictions on disclosure that apply to the Center under subparagraphs (B) and (G) shall apply to the General Accounting Office.”.