104 STAT. 826 PUBLIC LAW 101-392—SEPT. 25, 1990 with any State which desires to carry out a study for the State under this subsection. Each such agreement shall contain provisions designed to assure— "(I) that the State will participate in the study; "(11) that the State will pay from non-Federal sources the non- Federal share of participation; and "(III) that the State agrees to the terms and conditions specified in this section. "(ii) For each fiscal year, the non-Federal share for the purpose of this program shall be the cost of conducting the study in the State, including the cost of administering the assessment for the State sample and the cost of coordination within the State. "(2) The program shall provide for an independent evaluation conducted by the Office of Technology Assessment of the Congress to assess the validity, fairness, accuracy, and utility of the data it produces. The report shall also describe the technical problems encountered and a description of what was learned about how to best implement and utilize data from the program. "(3) The provision of wage and other records to the Committee by a State employment security agency shall be voluntary and pursuant to an agreement between the Committee and the agency. Such agreement shall take into consideration issues such as— "(A) reimbursing the State employment security agency for the costs to the agency of providing the information; and "(B) compliance with safeguards established by the State employment security agency and determined by the Secretary of Labor to be appropriate to ensure that the information disclosed to the Committee is used only for the purposes of this subsection. Classified "(4) The Executive Director of the Committee, in consultation information. with the Secretary, shall ensure that all personally identifiable information about students, their educational performance and their families and information with respect to individual schools shall remain confidential in accordance with the provisions of section 552 of title 5, United States Code. The data gathered under this subsection shall not be used to rank, compare, or otherwise evaluate individual students or individual schools. No individual may be included in the program without that individual's written consent. At least once every 3 years the Secretary shall remind participants in writing of their inclusion in the program. "(d) Of amounts reserved under section 451(a)(3)(A) to carry out the provisions of this section, the Committee shall use— "(1) to support State occupational information coordinating committees for the purpose of operating State occupational information systems and career information delivery systems, the greater of— "(A) an amount equal to the aggregate amount appropriated or otherwise made available for that purpose for the fiscal year 1990; or "(B) an amount equal to 75 percent of the aggregate amount appropriated or otherwise made available to carry out this section; and "(2) for purposes of carrying out subsection (c)— "(A) an amount equal to not less than 10 percent of the amounts available to carry out this section; or
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