Pub. L. 107-279, tit. IV, sec. 401
REDESIGNATIONS.
SEC. 401. REDESIGNATIONS. (a) Confidentiality.—Section 408 of the National Education Statistics Act of 1994 (20 U.S.C. 9007) is amended— (1) by striking “center”, “Center”, and “Commissioner” each place any such term appears and inserting “Director”; (2) in subsection (a)(2)(A), by striking “statistical purpose” and inserting “research, statistics, or evaluation purpose under this title”; (3) by striking subsection (b)(1) and inserting the following: “(1) In general.— “(A) Disclosure.—No Federal department, bureau, agency, officer, or employee and no recipient of a Federal grant, contract, or cooperative agreement may, for any reason, require the Director, any Commissioner of a National Education Center, or any other employee of the Institute to disclose individually identifiable information that has been collected or retained under this title. “(B) Immunity.—Individually identifiable information collected or retained under this title shall be immune from 116 STAT. 1983legal 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. “(C) Application.—This paragraph does not apply to requests for individually identifiable information submitted by or on behalf of the individual identified in the information.”; (4) in paragraphs (2) and (6) of subsection (b), by striking “subsection (a)(2)” each place such term appears and inserting “subsection (c)(2)”; (5) in paragraphs (3) and (7) of subsection (b), by striking “Center’s” each place such term appears and inserting “Director’s”; and (6) by striking the section heading and transferring all the subsections (including subsections (a) through (c)) and redesignating such subsections as subsections (c) through (e), respectively, at the end of section 183 of this Act. (b) Conforming Amendment.—Sections 302 and 303 of this Act are redesignated as sections 304 and 305, respectively. (c) National Assessment Governing Board.—Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended— (1) in subsection (a)— (A) by striking “referred to as the ‘Board’” and inserting “referred to as the ‘Assessment Board’”; and (B) by inserting “(carried out under section 303)” after “for the National Assessment”; (2) by striking “Board” each place such term appears (other than in subsection (a)) and inserting “Assessment Board”; (3) by striking “Commissioner” each place such term appears and inserting “Commissioner for Education Statistics”; (4) in subsection (b)(2)— (A) by striking “Assistant secretary for educational research” in the heading and inserting “Director of the institute of education sciences”; and (B) by striking “Assistant Secretary for Educational Research and Improvement” and inserting “Director of the Institute of Education Sciences”; (5) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (A), by striking “section 411(b)” and inserting “section 303(b)”; (ii) in subparagraph (B), by striking “section 411(e)” and inserting “section 303(e)”; (iii) in subparagraph (E), by striking “, including the Advisory Council established under section 407”; (iv) in subparagraphs (F) and (I), by striking “section 411” each place such term appears and inserting “section 303”; (v) in subparagraph (H), by striking “and” after the semicolon; (vi) in subparagraph (I), by striking the period at the end and inserting “; and”; and (vii) by inserting at the end the following: “(J) plan and execute the initial public release of National Assessment of Educational Progress reports. 116 STAT. 1984The National Assessment of Educational Progress data shall not be released prior to the release of the reports described in subparagraph (J).”; (B) in paragraph (5), by striking “and the Advisory Council on Education Statistics”; and (C) in paragraph (6), by striking “section 411(e)” and inserting “section 303(e)”; and (6) by transferring and redesignating the section as section 302 (following section 301) of title III of this Act. (d) National Assessment of Educational Progress.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended— (1) by striking “Commissioner” each place such term appears and inserting “Commissioner for Education Statistics”; (2) by striking “National Assessment Governing Board” and “National Board” each place either such term appears and inserting “Assessment Board”; (3) in subsection (a)— (A) by striking “section 412” and inserting “section 302”; and (B) by striking “and with the technical assistance of the Advisory Council established under section 407,”; (4) in subsection (b)— (A) in paragraph (1), by inserting “of” after “academic achievement and reporting”; (B) in paragraph (3)(A)— (i) in clause (i), by striking “paragraphs (1)(B) and (1)(E)” and inserting “paragraphs (2)(B) and (2)(E)”; (ii) in clause (ii), by striking “paragraph (1)(C)” and inserting “paragraph (2)(C)”; and (iii) in clause (iii), by striking “paragraph (1)(D)” and inserting “paragraph (2)(D)”; and (C) in paragraph (5), by striking “(c)(2)” and inserting “(c)(3)”; (5) in subsection (c)(2)(D), by striking “subparagraph (B)” and inserting “subparagraph (C)”; (6) in subsection (e)(4), by striking “subparagraph (2)(C)” and inserting “paragraph (2)(C) of such subsection”; (7) in subsection (f)(1)(B)(iv), by striking “section 412(e)(4)” and inserting “section 302(e)(4)”; and (8) by transferring and redesignating the section as section 303 (following section 302) of title III of this Act. (e) Table of Contents Amendment.—The items relating to title III in the table of contents of this Act, as amended by section 401 of this Act, are amended to read as follows: “TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS “Sec. 301. Short title. “Sec. 302. National Assessment Governing Board. “Sec. 303. National Assessment of Educational Progress. “Sec. 304. Definitions. “Sec. 305. Authorization of appropriations.”.