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(1) for fiscal year 2003—
(A) $4,600,000 to carry out section 302, 
as amended by section 401 of this Act (relating 
to the National Assessment Governing Board); 
and 
(B) $107,500,000 to carry out section 303, 
as amended by section 401 of this Act (relating 
to the National Assessment of Educational 
Progress); and 
(2) such sums as may be necessary for each of 
the 5 succeeding fiscal years to carry out sections 
302 and 303, as amended by section 401 of this Act. 
(b) AVAILABILITY.—Amounts made available under 
this section shall remain available until expended. 
TITLE IV—AMENDATORY 
PROVISIONS 
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 ‘‘Com-
missioner’’ each place any such term appears and in-
serting ‘‘Director’’;
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(2) in subsection (a)(2)(A), by striking ‘‘statis-
tical 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 depart-
ment, bureau, agency, officer, or employee and 
no recipient of a Federal grant, contract, or co-
operative agreement may, for any reason, re-
quire the Director, any Commissioner of a Na-
tional Education Center, or any other employee 
of the Institute to disclose individually identifi-
able information that has been collected or re-
tained under this title. 
‘‘(B) IMMUNITY.—Individually identifiable 
information collected or retained under this title 
shall be immune from legal process and shall 
not, without the consent of the individual con-
cerned, 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 identifi-
114
able 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 trans-
ferring 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 ‘As-
sessment Board’ ’’; and 
(B) by inserting ‘‘(carried out under sec-
tion 303)’’ after ‘‘for the National Assessment’’;
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(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 Edu-
cation 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 Edu-
cation 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)’’;