20 U.S.C. § 9575 — Performance management

Page 1726 TITLE 20—EDUCATION § 9574 1 So in original. Probably means subsection (d)(2). 1 So in original. Probably should be ‘‘subsection’’. (e) Investigation and prosecution of terrorism (1) In general Notwithstanding subsections (a) and (b), the Attorney General (or any Federal officer or employee, in a position not lower than an As- sistant Attorney General, designated by the Attorney General) may submit a written ap- plication to a court of competent jurisdiction for an ex parte order requiring the Secretary to permit the Attorney General (or his des- ignee) to— (A) collect reports, records, and informa- tion (including individually identifiable in- formation) in the possession of the Director that are relevant to an authorized investiga- tion or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18 or an act of domestic or international terrorism as de- fined in section 2331 of that title; and (B) for official purposes related to the in- vestigation or prosecution of an offense de- scribed in paragraph (1)(A), retain, dissemi- nate, and use (including as evidence at trial or in other administrative or judicial pro- ceedings) such information, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. (2) Application and approval (A) IN GENERAL.—An application under para- graph (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 ap- plication for the order includes the certifi- cation described in subparagraph (A). (3) Protection An officer or employee of the Department who, in good faith, produces information in ac- cordance with an order issued under this sub- section does not violate subsection (b)(2) 1 and shall not be liable to any person for that pro- duction. (Pub. L. 107–279, title I, § 183, title IV, § 401(a)(6), Nov. 5, 2002, 116 Stat. 1972, 1983.) Editorial Notes CODIFICATION Subsecs. (a) to (c) of section 9007 of this title, which were transferred to this section and redesignated sub- secs. (c) to (e) by Pub. L. 107–279, § 401(a)(6), were based on Pub. L. 103–382, title IV, § 408(a) to (c), Oct. 20, 1994, 108 Stat. 4034; Pub. L. 107–56, title V, § 508, Oct. 26, 2001, 115 Stat. 368; Pub. L. 107–279, title IV, § 401(a)(1)–(5), Nov. 5, 2002, 116 Stat. 1983. AMENDMENTS 2002—Subsecs. (c) to (e). Pub. L. 107–279, § 401(a)(6), transferred subsecs. (a) to (c) of section 9007 of this title to this section and redesignated them as subsecs. (c) to (e), respectively. See Codification note above. § 9574. Availability of data Subject to section 9573 of this title, data col- lected by the Institute, including any office, board, committee, or center of the Institute, in carrying out the priorities and mission of the Institute, shall be made available to the public, including through use of the Internet. (Pub. L. 107–279, title I, § 184, Nov. 5, 2002, 116 Stat. 1972.) § 9575. Performance management The Director shall ensure that all activities conducted or supported by the Institute or a Na- tional Education Center make customer service a priority. The Director shall ensure a high level of customer satisfaction through the following methods: (1) Establishing and improving feedback mechanisms in order to anticipate customer needs. (2) Disseminating information in a timely fashion and in formats that are easily acces- sible and usable by researchers, practitioners, and the general public. (3) Utilizing the most modern technology and other methods available, including ar- rangements to use data collected electroni- cally by States and local educational agencies, to ensure the efficient collection and timely distribution of information, including data and reports. (4) Establishing and measuring performance against a set of indicators for the quality of data collected, analyzed, and reported. (5) Continuously improving management strategies and practices. (6) Making information available to the pub- lic in an expeditious fashion. (Pub. L. 107–279, title I, § 185, Nov. 5, 2002, 116 Stat. 1972.) § 9576. Authority to publish (a) Publication The Director may prepare and publish (includ- ing through oral presentation) such research, statistics (consistent with part C), and evalua- tion information and reports from any office, board, committee, and center of the Institute, as needed to carry out the priorities and mission of the Institute without the approval of the Sec- retary or any other office of the Department. (b) Advance copies The Director shall provide the Secretary and other relevant offices with an advance copy of any information to be published under this sec- tion before publication. (c) Peer review All research, statistics, and evaluation reports conducted by, or supported through, the Insti- tute shall be subjected to rigorous peer review before being published or otherwise made avail- able to the public. (d) Items not covered Nothing in subsections 1 (a), (b), or (c) shall be construed to apply to— (1) information on current or proposed budg- ets, appropriations, or legislation; (2) information prohibited from disclosure by law or the Constitution, classified national