20 USC

Extract of the United States Code, Title 20.

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20 USC Sec. 1232g (extract) Has Changes 01/22/02
Subsection (j) added by Patriot I

TITLE 20 - EDUCATION
CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
Part 4 - Records; Privacy; Limitation on Withholding Federal Funds

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Sec. 1232g. Family educational and privacy rights

(a) - (i) omitted, general college-records-privacy topics

(j) Investigation and prosecution of terrorism

     (1) In general
Notwithstanding subsections (a) through (i) of this section or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General (or his designee) to -

     (A) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title; and
     (B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate (including disclosure of such reports, records, and information to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, to assist the official receiving that information in the performance of the official duties of that official), and use (including as evidence at trial or in other administrative or judicial proceedings) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.

     (2) Application and approval

     (A) In general. - An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph (1)(A).
     (B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).

     (3) Protection of educational agency or institution
An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.
     (4) Record-keeping
Subsection (b)(4) of this section does not apply to education records subject to a court order under this subsection.
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administrative details omitted

AMENDMENTS
amendment detail omitted
2001 - Subsec. (j). Pub. L. 107-56 (Patriot I) added subsec. (j).
remaining amendment details omitted

administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1092, 1232h, 1232i, 1417, 2304, 7115, 7165, 7903, 7908, 9274 of this title;
title 8 section 1372;
title 10 section 503;
title 25 section 3205;
title 29 section 2871;
title 42 section 11432.

20 USC Sec. 9007 Has Changes 01/22/02

TITLE 20 - EDUCATION
CHAPTER 71 - NATIONAL EDUCATION STATISTICS

Sec. 9007. Confidentiality

(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 chapter.
     (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 chapter for any purpose other than a statistical purpose;
     (B) make any publication whereby the data furnished by any particular person under this chapter 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 chapter, shall require, for any reason, copies of reports that have been filed under this chapter 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) of this section, knowingly publishes or communicates any individually identifiable information (as defined in paragraph (5)(A)), the disclosure of which is prohibited by subsection (a)(2) of this section, and that comes into such employee or staff's possession by reason of employment (or otherwise providing services) under this chapter, 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, or both.
     (3) Temporary staff
The Commissioner may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities (including local educational agencies), and employees of private organizations to assist the Center in performing the Center's responsibilities, but only if such temporary staff are sworn to observe the limitations imposed by this section.
     (4) Information requirements
No collection of information or data acquisition activity undertaken by the Center shall be subject to any review, coordination, or approval procedure except as required by the Director of the Office of Management and Budget under the rules and regulations established pursuant to chapter 35 of title 44, except such collection of information or data acquisition activity may be subject to review or coordination if the Commissioner determines that such review or coordination is beneficial.
     (5) Definitions
For the purposes of this section -

     (A) the term ''individually identifiable information'' means any record, response form, completed survey, or aggregation thereof from which information about particular individuals may be revealed; and
     (B) the term ''report'' means a response provided by or about an individual to an inquiry from the Center and does not include a statistical aggregation from which individually identifiable information cannot be revealed.

     (6) Violations
Any person who uses any data provided by the Center, in conjunction with any other information or technique, to identify any individual student, teacher, administrator, or other individual and who knowingly discloses, publishes, or uses such data for a purpose other than a statistical purpose, or who otherwise violates subparagraph (A) or (B) of subsection (a)(2) of this section, 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, or both.
     (7) Access to reports or records
Nothing in this section shall restrict the right of the Secretary, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Librarian of Congress, 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 under paragraphs (1) and (6) shall apply to such individuals.

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(c) Investigation and prosecution of terrorism

     (1) In general
Notwithstanding subsections (a) and (b) of this section, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring the Secretary to permit the Attorney General (or his designee) to -

     (A) collect reports, records, and information (including individually identifiable information) in the possession of the center that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18 or an act of domestic or international terrorism as defined in section 2331 of that title; and
     (B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate (including disclosure of such reports, records, and information to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, to assist the official receiving that information in the performance of the official duties of that official), and use (including as evidence at trial or in other administrative or judicial proceedings) such information, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.

     (2) Application and approval

     (A) In general. - An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the information sought is described in paragraph (1)(A).
     (B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).

     (3) Protection
An officer or employee of the Department who, in good faith, produces information in accordance with an order issued under this subsection does not violate subsection (b)(2) of this section and shall not be liable to any person for that production.
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administrative detail omitted

AMENDMENTS
2001 - Subsec. (c). Pub. L. 107-56 added subsec. (c).

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9008 of this title.

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