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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)’’;