Notice of Revision of the National Center for Education Statistics (NCES) Confidentiality Pledges Under Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and Education Sciences Reform Act of 2002 (ESRA 2002), 17641-17644 [2017-07350]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices information, including each proposed extension of an existing collection of information, before submitting the collection of information to OMB for approval. To comply with this requirement, CSOSA on behalf of its sister agency, PSA, is publishing notice of the proposed collection of information set forth in this document. The proposed information collection activity provides a means to garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration’s commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management. The solicitation of feedback will target areas such as: Timeliness, appropriateness, accuracy of information, courtesy, efficiency of service delivery, and resolution of issues with service delivery. Responses will be assessed to plan and inform efforts to improve or maintain the quality of service offered to the public. If this information is not collected, vital feedback from customers and stakeholders on the Agency’s services will be unavailable. The Agency will only submit a collection for approval under this generic clearance if it meets the following conditions: 1. The collections are voluntary; 2. The collections are low-burden for respondents (based on considerations of total burden hours, total number of respondents, or burden-hours per respondent) and are low-cost for both the respondents and the federal government; 3. The collections are noncontroversial and do not raise issues of concern to other federal agencies; 4. Any collection is targeted to the solicitation of opinions from respondents who have experience with the program or may have experience with the program in the near future; VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 5. Personally identifiable information (PII) is collected only to the extent necessary and is not retained; 6. Information gathered will be used only internally for general service improvement and program management purposes and is not intended for release outside of the agency; 7. Information gathered will not be used for the purpose of substantially informing influential policy decisions; and 8. Information gathered will yield qualitative information; the collections will not be designed or expected to yield statistically reliable results or used as though the results are generalizable to the population of study. Feedback collected under this generic clearance provides useful information, but it does not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential nonresponse bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior to fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results. As a general matter, information collections will not result in any new system of records containing privacy information and will not ask questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. Current Actions: New collection of information. Type of Review: New Collection. (1) Affected Public: Individuals currently under PSA supervision. PSA stakeholders including criminal justice system (e.g., judges). Estimated Number of Respondents: 450. Below we provide projected average estimates for the next three years: Average Expected Annual Number of Activities: 2. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 17641 Average Number of Respondents per Activity: 225. Annual Responses: 450. Frequency of Response: Once per request. Average Minutes per Response: 13. Burden Hours: 146. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. Rochelle Durant, Program Analyst, Court Services and Offender Supervision Agency, on behalf of Pretrial Services for the District of Columbia. [FR Doc. 2017–07342 Filed 4–11–17; 8:45 am] BILLING CODE 3129–07–P DEPARTMENT OF EDUCATION Notice of Revision of the National Center for Education Statistics (NCES) Confidentiality Pledges Under Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and Education Sciences Reform Act of 2002 (ESRA 2002) National Center for Education Statistics (NCES), Department of Education (ED). AGENCY: E:\FR\FM\12APN1.SGM 12APN1 17642 ACTION: Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices Notice. Under 44 U.S.C. 3506(e), and 44 U.S.C. 3501 (note), the National Center for Education Statistics (NCES) is announcing revisions to the confidentiality pledge(s) it provides to its respondents under the Confidential Information Protection and Statistical Efficiency Act (44 U.S.C. 3501 (note)) (CIPSEA) and under the Education Sciences Reform Act of 2002 (ESRA 2002). These revisions are required by the passage and implementation of provisions of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 151), which permits and requires the Secretary of Homeland Security to provide Federal civilian agencies’ information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below. SUMMARY: These revisions become effective upon publication of this notice in the Federal Register. DATES: Questions about this notice should be addressed to Dr. Cleo Redline, National Center for Education Statistics, Potomac Center Plaza, 550 12th Street SW., Washington, DC 20202 or by email at cleo.redline@ed.gov. ADDRESSES: Dr. Cleo Redline by telephone at 202–245– 7695 (this is not a toll-free number); by email at cleo.redline@ed.gov; or by mail at the National Center for Education Statistics, Potomac Center Plaza, 550 12th Street SW., Washington, DC 20202. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. FOR FURTHER INFORMATION CONTACT: Federal statistics provide key information that the Nation uses to measure its performance and make informed choices about education, employment, health, investments, budgets, taxes, and a host of other significant topics. The overwhelming majority of Federal surveys are conducted on a voluntary basis. Respondents, ranging from businesses to households to institutions, may choose whether or not to provide the requested information. Many of the most valuable Federal statistics come from surveys that ask for highly sensitive information such as proprietary business data from companies or particularly personal information or practices from individuals. mstockstill on DSK30JT082PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 Confidential Information and Protection and Statistical Efficiency Act (CIPSEA) Strong and trusted confidentiality and exclusively statistical use pledges under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and similar statistical confidentiality pledges are effective and necessary in honoring the trust that businesses, individuals, and institutions, by their responses, place in statistical agencies. Under CIPSEA and similar statistical confidentiality protection statutes, many Federal statistical agencies make statutory pledges that the information respondents provide will be seen only by statistical agency personnel or their sworn agents, and will be used only for statistical purposes. CIPSEA and similar statutes protect the confidentiality of information that agencies collect solely for statistical purposes and under a pledge of confidentiality. These acts protect such statistical information from administrative, law enforcement, taxation, regulatory, or any other nonstatistical use and immunize the information submitted to statistical agencies from legal process. Moreover, many of these statutes carry criminal penalties of a Class E felony (fines up to $250,000, or up to five years in prison, or both) for conviction of a knowing and willful unauthorized disclosure of covered information. As part of the Consolidated Appropriations Act for Fiscal Year 2016 signed on December 17, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 151). This Act, among other provisions, permits and requires the Secretary of Homeland Security to provide Federal civilian agencies’ information technology systems with cybersecurity protection for their Internet traffic. The technology currently used to provide this protection against cyber malware is known as Einstein 3A; it electronically searches Internet traffic in and out of Federal civilian agencies in real time for malware signatures. When such a signature is found, the Internet packets that contain the malware signature are shunted aside for further inspection by Department of Homeland Security (DHS) personnel. Because it is possible that such packets entering or leaving a statistical agency’s information technology system may contain a small portion of confidential statistical data, statistical agencies can no longer promise their respondents that their responses will be seen only by statistical agency personnel or their sworn agents. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Accordingly, DHS and Federal statistical agencies, in cooperation with their parent departments, have developed a Memorandum of Agreement for the installation of Einstein 3A cybersecurity protection technology to monitor their Internet traffic. However, many current CIPSEA and similar statistical confidentiality pledges promise that respondents’ data will be seen only by statistical agency personnel or their sworn agents. Since it is possible that DHS personnel could see some portion of those confidential data in the course of examining the suspicious Internet packets identified by Einstein 3A sensors, statistical agencies need to revise their confidentiality pledges to reflect this process change. Therefore, the National Center for Education Statistics (NCES) is providing this notice to alert the public to these confidentiality pledge revisions in an efficient and coordinated fashion. Under CIPSEA, the following is the revised statistical confidentiality pledge for applicable NCES data collections, with the new line added to address the new cybersecurity monitoring activities bolded for reference only: The information you provide will be used for statistical purposes only. In accordance with the Confidential Information Protection provisions of Title V, Subtitle A, Public Law 107–347 and other applicable Federal laws, your responses will be kept confidential and will not be disclosed in identifiable form to anyone other than employees or agents. By law, every NCES employee as well as every agent, such as contractors and NAEP coordinators, has taken an oath and is subject to a jail term of up to 5 years, a fine of $250,000, or both if he or she willfully discloses ANY identifiable information about you. Electronic submission of your information will be monitored for viruses, malware, and other threats by Federal employees and contractors in accordance with the Cybersecurity Enhancement Act of 2015. The following listing shows the current NCES Paperwork Reduction Act (PRA) OMB number and information collection title whose CIPSEA confidentiality pledge will change to reflect the statutory implementation of DHS’ Einstein 3A monitoring for cybersecurity protection purposes: OMB control number Information collection title 1850–0928 ..... National Assessment of Educational Progress (NAEP) 2017. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices Education Sciences Reform Act of 2002 (ESRA 2002) NCES sample surveys are governed by additional laws, one of which is the Education Sciences Reform Act of 2002 (ESRA 2002) (20 U.S.C. 9573). Under ESRA 2002, the information respondents provide can be seen only by statistical agency personnel or their sworn agents, and may not be disclosed, or used, in identifiable form for any other purpose, except in the case of an authorized investigation or prosecution of an offense concerning national or international terrorism. Under ESRA 2002, the Attorney General is permitted to petition a court of competent jurisdiction for an ex parte order requiring the Secretary of Education to provide data relevant to an authorized investigation or prosecution of an offense concerning national or international terrorism. Thus, ESRA 2002 affords many of the same protections as CIPSEA, that is, surveys conducted under ESRA 2002 are protected from administrative, taxation, regulatory, and many other non- statistical uses and the disclosure of information carries criminal penalties of a Class E felony (fines up to $250,000, or up to five years in prison, or both) for conviction of a knowing and willful unauthorized disclosure of covered information for any non-statistical uses, except as noted previously, in the case of an authorized investigation concerning national or international terrorism. As part of the Consolidated Appropriations Act for Fiscal Year 2016 signed on December 17, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 151). This Act, among other provisions, permits and requires the Secretary of Homeland Security to provide Federal civilian agencies’ information technology systems with cybersecurity protection for their Internet traffic. Since it is possible that DHS personnel could see some portion of the confidential data collected under ESRA 2002 in the course of examining the suspicious Internet packets identified by Einstein 3A sensors, the National Center for Education Statistics 17643 needs to revise the confidentiality pledges made under ESRA 2002 to reflect this process change. Therefore, the National Center for Education Statistics (NCES) is providing this notice to alert the public to these confidentiality pledge revisions in an efficient and coordinated fashion. Under ESRA 2002, the following is the revised statistical confidentiality pledge for applicable NCES data collections, with the new line added to address the new cybersecurity monitoring activities bolded for reference only: All of the information you provide may be used only for statistical purposes and may not be disclosed, or used, in identifiable form for any other purpose except as required by law (20 U.S.C. 9573 and 6 U.S.C. 151). The following listing shows the current NCES Paperwork Reduction Act (PRA) OMB numbers and information collection titles whose ESRA 2002 confidentiality pledge will change to reflect the statutory implementation of DHS’ Einstein 3A monitoring for cybersecurity protection purposes: OMB control number Information collection title 1850–0631 ........................... 1850–0695 ........................... 1850–0733 ........................... 2012/17 Beginning Postsecondary Students Longitudinal Study (BPS:12/17). Trends in International Mathematics and Science Study (TIMSS 2019) Pilot Test. Fast Response Survey System (FRSS) 108: Career and Technical Education (CTE) Programs in Public School Districts. Program for International Student Assessment (PISA 2018) Field Test. High School Longitudinal Study of 2009 (HSLS:09) Second Follow-up Main Study. Program for the International Assessment of Adult Competencies (PIAAC) 2017 National Supplement. 2018 Teaching and Learning International Survey (TALIS 2018) Field Test. Middle Grades Longitudinal Study of 2017–18 (MGLS:2017) Operational Field Test (OFT) and Recruitment for Main Study Base-year. ED School Climate Surveys (EDSCLS) National Benchmark Study. International Computer and Information Literacy Study (ICILS 2018) Field Test. NCER–NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017: Testing the Effectiveness of FAFSA Interventions on College Outcomes. NCER–NPSAS Grant Study—Financial Aid Nudges 2017: A National Experiment to Increase Retention of Financial Aid and College Persistence. Principal Follow-Up Survey (PFS 2016–17) to the National Teacher and Principal Survey (NTPS 2015–16). The National Assessment of Educational Progress (NAEP) Oral Reading Fluency Pilot Study 2017. National Assessment of Educational Progress (NAEP) Survey Assessments Innovations Lab (SAIL) English Language Arts (ELA) Collaboration and Inquiry Study 2017. 2017 Integrated Postsecondary Education Data System (IPEDS) Time Use and Burden Cognitive Interviews Round 1. ED School Climate Surveys (EDSCLS) Additional Item Cognitive Interviews—Set 2 Round 2. National Assessment of Educational Progress (NAEP) Pretesting of Survey and Cognitive Items for Pilot in 2017 and 2018. National Assessment of Educational Progress (NAEP) 2017 Feasibility Study of Middle School Transcript Study (MSTS). National Assessment of Educational Progress (NAEP) Digitally Based Assessments (DBA) Usability Study 2017– 18. 2017 National Household Education Survey (NHES) Web Data Collection Test. National Household Education Surveys Program 2019 (NHES:2019) Focus Groups with Parents of Students using Virtual Education. National Household Education Surveys Program (NHES) 2017 Web Test Debriefing Interviews for Parents of Homeschoolers. 2017–2018 National Teacher and Principal Survey (NTPS) Portal Usability Testing. NCER–NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017 Cognitive Testing. International Early Learning Study (IELS 2018) Cognitive Items Trial. National Assessment of Educational Progress (NAEP) 2019 Science Items Pretesting. National Assessment of Educational Progress (NAEP) Survey Assessments Innovations Lab (SAIL) Pretesting Activities: Virtual World for English Language Arts Assessment. National Assessment of Educational Progress (NAEP) Science Questionnaire Cognitive Interviews 2017. 1850–0755 1850–0852 1850–0870 1850–0888 1850–0911 ........................... ........................... ........................... ........................... ........................... 1850–0923 ........................... 1850–0929 ........................... 1850–0931 ........................... 1850–0932 ........................... 1850–0934 ........................... 1850–0803 v.174 ................. 1850–0803 v.176 ................. 1850–0803 v.177 ................. 1850–0803 v.178 ................. 1850–0803 v.179 ................. 1850–0803 v.180 ................. 1850–0803 v.181 ................. mstockstill on DSK30JT082PROD with NOTICES 1850–0803 v.182 ................. 1850–0803 v.186 ................. 1850–0803 v.187 ................. 1850–0803 1850–0803 1850–0803 1850–0803 1850–0803 v.189 v.191 v.190 v.164 v.170 ................. ................. ................. ................. ................. 1850–0803 v.175 ................. VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 17644 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices OMB control number 1850–0803 v.184 ................. 1850–0803 v.183 ................. 1850–0803 v.185 ................. Information collection title NCER–NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017 Focus Groups. NCER–NPSAS Grant Study—Financial Aid Nudges 2017 Focus Groups. The School Survey on Crime and Safety (SSOCS) Principals Focus Groups. Affected Public: Survey respondents to applicable NCES information collections. Total Respondents: Unchanged from current collections. Frequency: Unchanged from current collections. Total Responses: Unchanged from current collections. Average Time per Response: Unchanged from current collections. Estimated Total Burden Hours: Unchanged from current collections. Estimated Total Cost: Unchanged from current collections. Dated: April 7, 2017. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2017–07350 Filed 4–11–17; 8:45 am] BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION Meeting Notice; EAC Standards Board U.S. Election Assistance Commission. ACTION: Notice of public meeting for EAC Standards Board. AGENCY: Thursday, April 27, 2017, 8:30 a.m.–5:00 p.m. and Friday, April 28, 2017, 8:00–11:00 a.m. [Executive Board Session: Thursday, April 27, 2017, 7:30 p.m. (administrative business only)] PLACE: The Westin Riverwalk, 420 West Market Street, San Antonio, TX 78205, Phone: (210) 224–6500. PURPOSE: In accordance with the Federal Advisory Committee Act (FACA), Public Law 92–463, as amended (5 U.S.C. Appendix 2), the U.S. Election Assistance Commission (EAC) Standards Board will meet to address its responsibilities under the Help America Vote Act of 2002 (HAVA), to present its views on issues in the administration of Federal elections, formulate recommendations to the EAC, and receive updates on EAC activities. AGENDA: The Standards Board will receive an overview and updates on EAC agency operations. The Board will receive panel briefings on issues associated with military and overseas voters, vote-by-mail balloting, and election cyber security. Panel members mstockstill on DSK30JT082PROD with NOTICES DATE AND TIME: VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 will include election officials and stakeholders, and representatives from the Counsel of State Governments (CSG), the Federal Voting Assistance Program (FVAP), the United States Postal Service (USPS), and the Department of Homeland Security (DHS). The Standards Board will receive updates on the recommendations from EAC’s Technical Guidelines Development Committee (TGDC) on the Voluntary Voting System Guidelines (VVSG) 2.0. The Standards Board will hold a discussion on the TGDC’s VVSG recommendations. The Standards Board will conduct committee breakout sessions and hear committee reports. The Standards Board will fill vacancies on the Executive Board of the Standards Board. The Standards Board will elect new officers, and the Executive Board will appoint Standards Board committee members and chairs, and consider other administrative matters. SUPPLEMENTARY: Members of the public may submit relevant written statements to the Standards Board with respect to the meeting no later than 5:00 p.m. EDT on Thursday, April 20, 2017. Statements may be sent via email at facaboards@ eac.gov, via standard mail addressed to the U.S. Election Assistance Commission, 1335 East West Highway, Suite 4300, Silver Spring, MD 20910, or by fax at 301–734–3108. This meeting will be open to the public. PERSON TO CONTACT FOR INFORMATION: Bryan Whitener, Telephone: (301) 563– 3961. Bryan Whitener, Director, National Clearinghouse on Elections, U.S. Election Assistance Commission. [FR Doc. 2017–07401 Filed 4–11–17; 8:45 am] BILLING CODE 6820–KF–P DEPARTMENT OF ENERGY Notice of Intent To Grant Exclusive License Office of the General Counsel, Department of Energy. ACTION: Notice of intent to grant exclusive patent license. AGENCY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 37 CFR 404.7(a)(1)(i). The Department of Energy (DOE) hereby gives notice that DOE intends to grant an exclusive license to practice the inventions described and claimed in four U.S. Patents to Mack IV, LLC., having its principal place of business at Hapeville, Georgia. The four Patents are titled: Multi-Robot Control Interface (patent #8,073,564); Hardware Device to Physical Structure Binding and Authentication (patent #8,516,269); Quantum Key Management (patent #9,509,506); and Handheld Portable Real-Time Tracking and Communications Device (patent #8,185,101). The patents are owned by United States of America, as represented by DOE. The prospective exclusive license complies with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. DATES: Written comments, objections, or nonexclusive license applications must be received at the address listed no later than April 27, 2017. ADDRESSES: Comments, applications for nonexclusive licenses, or objections relating to the prospective exclusive license should be submitted to Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Room 6F–067, 1000 Independence Ave. SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Marianne Lynch, Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Room 6F–067, 1000 Independence Ave. SW., Washington, DC 20585; Email: marianne.lynch@hq.doe.gov; and Phone: (202) 586–3815. SUPPLEMENTARY INFORMATION: 35 U.S.C. 209(c) gives DOE the authority to grant exclusive or partially exclusive licenses in federally-owned inventions where a determination is made, among other things, that the desired practical application of the invention has not been achieved, or is not likely to be achieved expeditiously, under a nonexclusive license. The statute and implementing regulations (37 CFR 404) require that the necessary determinations be made after public notice and opportunity for filing written comments and objections. Mack IV has applied for an exclusive license to practice the inventions E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17641-17644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07350]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Notice of Revision of the National Center for Education 
Statistics (NCES) Confidentiality Pledges Under Confidential 
Information Protection and Statistical Efficiency Act (CIPSEA) and 
Education Sciences Reform Act of 2002 (ESRA 2002)

AGENCY: National Center for Education Statistics (NCES), Department of 
Education (ED).

[[Page 17642]]


ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Under 44 U.S.C. 3506(e), and 44 U.S.C. 3501 (note), the 
National Center for Education Statistics (NCES) is announcing revisions 
to the confidentiality pledge(s) it provides to its respondents under 
the Confidential Information Protection and Statistical Efficiency Act 
(44 U.S.C. 3501 (note)) (CIPSEA) and under the Education Sciences 
Reform Act of 2002 (ESRA 2002). These revisions are required by the 
passage and implementation of provisions of the Federal Cybersecurity 
Enhancement Act of 2015 (6 U.S.C. 151), which permits and requires the 
Secretary of Homeland Security to provide Federal civilian agencies' 
information technology systems with cybersecurity protection for their 
Internet traffic. More details on this announcement are presented in 
the SUPPLEMENTARY INFORMATION section below.

DATES: These revisions become effective upon publication of this notice 
in the Federal Register.

ADDRESSES: Questions about this notice should be addressed to Dr. Cleo 
Redline, National Center for Education Statistics, Potomac Center 
Plaza, 550 12th Street SW., Washington, DC 20202 or by email at 
cleo.redline@ed.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Cleo Redline by telephone at 202-
245-7695 (this is not a toll-free number); by email at 
cleo.redline@ed.gov; or by mail at the National Center for Education 
Statistics, Potomac Center Plaza, 550 12th Street SW., Washington, DC 
20202. Because of delays in the receipt of regular mail related to 
security screening, respondents are encouraged to use electronic 
communications.

SUPPLEMENTARY INFORMATION: Federal statistics provide key information 
that the Nation uses to measure its performance and make informed 
choices about education, employment, health, investments, budgets, 
taxes, and a host of other significant topics. The overwhelming 
majority of Federal surveys are conducted on a voluntary basis. 
Respondents, ranging from businesses to households to institutions, may 
choose whether or not to provide the requested information. Many of the 
most valuable Federal statistics come from surveys that ask for highly 
sensitive information such as proprietary business data from companies 
or particularly personal information or practices from individuals.

Confidential Information and Protection and Statistical Efficiency Act 
(CIPSEA)

    Strong and trusted confidentiality and exclusively statistical use 
pledges under the Confidential Information Protection and Statistical 
Efficiency Act (CIPSEA) and similar statistical confidentiality pledges 
are effective and necessary in honoring the trust that businesses, 
individuals, and institutions, by their responses, place in statistical 
agencies. Under CIPSEA and similar statistical confidentiality 
protection statutes, many Federal statistical agencies make statutory 
pledges that the information respondents provide will be seen only by 
statistical agency personnel or their sworn agents, and will be used 
only for statistical purposes. CIPSEA and similar statutes protect the 
confidentiality of information that agencies collect solely for 
statistical purposes and under a pledge of confidentiality. These acts 
protect such statistical information from administrative, law 
enforcement, taxation, regulatory, or any other non-statistical use and 
immunize the information submitted to statistical agencies from legal 
process. Moreover, many of these statutes carry criminal penalties of a 
Class E felony (fines up to $250,000, or up to five years in prison, or 
both) for conviction of a knowing and willful unauthorized disclosure 
of covered information.
    As part of the Consolidated Appropriations Act for Fiscal Year 2016 
signed on December 17, 2015, the Congress included the Federal 
Cybersecurity Enhancement Act of 2015 (6 U.S.C. 151). This Act, among 
other provisions, permits and requires the Secretary of Homeland 
Security to provide Federal civilian agencies' information technology 
systems with cybersecurity protection for their Internet traffic. The 
technology currently used to provide this protection against cyber 
malware is known as Einstein 3A; it electronically searches Internet 
traffic in and out of Federal civilian agencies in real time for 
malware signatures.
    When such a signature is found, the Internet packets that contain 
the malware signature are shunted aside for further inspection by 
Department of Homeland Security (DHS) personnel. Because it is possible 
that such packets entering or leaving a statistical agency's 
information technology system may contain a small portion of 
confidential statistical data, statistical agencies can no longer 
promise their respondents that their responses will be seen only by 
statistical agency personnel or their sworn agents.
    Accordingly, DHS and Federal statistical agencies, in cooperation 
with their parent departments, have developed a Memorandum of Agreement 
for the installation of Einstein 3A cybersecurity protection technology 
to monitor their Internet traffic.
    However, many current CIPSEA and similar statistical 
confidentiality pledges promise that respondents' data will be seen 
only by statistical agency personnel or their sworn agents. Since it is 
possible that DHS personnel could see some portion of those 
confidential data in the course of examining the suspicious Internet 
packets identified by Einstein 3A sensors, statistical agencies need to 
revise their confidentiality pledges to reflect this process change.
    Therefore, the National Center for Education Statistics (NCES) is 
providing this notice to alert the public to these confidentiality 
pledge revisions in an efficient and coordinated fashion.
    Under CIPSEA, the following is the revised statistical 
confidentiality pledge for applicable NCES data collections, with the 
new line added to address the new cybersecurity monitoring activities 
bolded for reference only:

    The information you provide will be used for statistical 
purposes only. In accordance with the Confidential Information 
Protection provisions of Title V, Subtitle A, Public Law 107-347 and 
other applicable Federal laws, your responses will be kept 
confidential and will not be disclosed in identifiable form to 
anyone other than employees or agents. By law, every NCES employee 
as well as every agent, such as contractors and NAEP coordinators, 
has taken an oath and is subject to a jail term of up to 5 years, a 
fine of $250,000, or both if he or she willfully discloses ANY 
identifiable information about you. Electronic submission of your 
information will be monitored for viruses, malware, and other 
threats by Federal employees and contractors in accordance with the 
Cybersecurity Enhancement Act of 2015.

    The following listing shows the current NCES Paperwork Reduction 
Act (PRA) OMB number and information collection title whose CIPSEA 
confidentiality pledge will change to reflect the statutory 
implementation of DHS' Einstein 3A monitoring for cybersecurity 
protection purposes:

------------------------------------------------------------------------
           OMB control number              Information collection title
------------------------------------------------------------------------
1850-0928..............................  National Assessment of
                                          Educational Progress (NAEP)
                                          2017.
------------------------------------------------------------------------


[[Page 17643]]

Education Sciences Reform Act of 2002 (ESRA 2002)

    NCES sample surveys are governed by additional laws, one of which 
is the Education Sciences Reform Act of 2002 (ESRA 2002) (20 U.S.C. 
9573). Under ESRA 2002, the information respondents provide can be seen 
only by statistical agency personnel or their sworn agents, and may not 
be disclosed, or used, in identifiable form for any other purpose, 
except in the case of an authorized investigation or prosecution of an 
offense concerning national or international terrorism. Under ESRA 
2002, the Attorney General is permitted to petition a court of 
competent jurisdiction for an ex parte order requiring the Secretary of 
Education to provide data relevant to an authorized investigation or 
prosecution of an offense concerning national or international 
terrorism. Thus, ESRA 2002 affords many of the same protections as 
CIPSEA, that is, surveys conducted under ESRA 2002 are protected from 
administrative, taxation, regulatory, and many other non-statistical 
uses and the disclosure of information carries criminal penalties of a 
Class E felony (fines up to $250,000, or up to five years in prison, or 
both) for conviction of a knowing and willful unauthorized disclosure 
of covered information for any non-statistical uses, except as noted 
previously, in the case of an authorized investigation concerning 
national or international terrorism.
    As part of the Consolidated Appropriations Act for Fiscal Year 2016 
signed on December 17, 2015, the Congress included the Federal 
Cybersecurity Enhancement Act of 2015 (6 U.S.C. 151). This Act, among 
other provisions, permits and requires the Secretary of Homeland 
Security to provide Federal civilian agencies' information technology 
systems with cybersecurity protection for their Internet traffic. Since 
it is possible that DHS personnel could see some portion of the 
confidential data collected under ESRA 2002 in the course of examining 
the suspicious Internet packets identified by Einstein 3A sensors, the 
National Center for Education Statistics needs to revise the 
confidentiality pledges made under ESRA 2002 to reflect this process 
change.
    Therefore, the National Center for Education Statistics (NCES) is 
providing this notice to alert the public to these confidentiality 
pledge revisions in an efficient and coordinated fashion.
    Under ESRA 2002, the following is the revised statistical 
confidentiality pledge for applicable NCES data collections, with the 
new line added to address the new cybersecurity monitoring activities 
bolded for reference only:
    All of the information you provide may be used only for statistical 
purposes and may not be disclosed, or used, in identifiable form for 
any other purpose except as required by law (20 U.S.C. 9573 and 6 
U.S.C. 151).
    The following listing shows the current NCES Paperwork Reduction 
Act (PRA) OMB numbers and information collection titles whose ESRA 2002 
confidentiality pledge will change to reflect the statutory 
implementation of DHS' Einstein 3A monitoring for cybersecurity 
protection purposes:

------------------------------------------------------------------------
      OMB control number              Information collection title
------------------------------------------------------------------------
1850-0631....................  2012/17 Beginning Postsecondary Students
                                Longitudinal Study (BPS:12/17).
1850-0695....................  Trends in International Mathematics and
                                Science Study (TIMSS 2019) Pilot Test.
1850-0733....................  Fast Response Survey System (FRSS) 108:
                                Career and Technical Education (CTE)
                                Programs in Public School Districts.
1850-0755....................  Program for International Student
                                Assessment (PISA 2018) Field Test.
1850-0852....................  High School Longitudinal Study of 2009
                                (HSLS:09) Second Follow-up Main Study.
1850-0870....................  Program for the International Assessment
                                of Adult Competencies (PIAAC) 2017
                                National Supplement.
1850-0888....................  2018 Teaching and Learning International
                                Survey (TALIS 2018) Field Test.
1850-0911....................  Middle Grades Longitudinal Study of 2017-
                                18 (MGLS:2017) Operational Field Test
                                (OFT) and Recruitment for Main Study
                                Base-year.
1850-0923....................  ED School Climate Surveys (EDSCLS)
                                National Benchmark Study.
1850-0929....................  International Computer and Information
                                Literacy Study (ICILS 2018) Field Test.
1850-0931....................  NCER-NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017:
                                Testing the Effectiveness of FAFSA
                                Interventions on College Outcomes.
1850-0932....................  NCER-NPSAS Grant Study--Financial Aid
                                Nudges 2017: A National Experiment to
                                Increase Retention of Financial Aid and
                                College Persistence.
1850-0934....................  Principal Follow-Up Survey (PFS 2016-17)
                                to the National Teacher and Principal
                                Survey (NTPS 2015-16).
1850-0803 v.174..............  The National Assessment of Educational
                                Progress (NAEP) Oral Reading Fluency
                                Pilot Study 2017.
1850-0803 v.176..............  National Assessment of Educational
                                Progress (NAEP) Survey Assessments
                                Innovations Lab (SAIL) English Language
                                Arts (ELA) Collaboration and Inquiry
                                Study 2017.
1850-0803 v.177..............  2017 Integrated Postsecondary Education
                                Data System (IPEDS) Time Use and Burden
                                Cognitive Interviews Round 1.
1850-0803 v.178..............  ED School Climate Surveys (EDSCLS)
                                Additional Item Cognitive Interviews--
                                Set 2 Round 2.
1850-0803 v.179..............  National Assessment of Educational
                                Progress (NAEP) Pretesting of Survey and
                                Cognitive Items for Pilot in 2017 and
                                2018.
1850-0803 v.180..............  National Assessment of Educational
                                Progress (NAEP) 2017 Feasibility Study
                                of Middle School Transcript Study
                                (MSTS).
1850-0803 v.181..............  National Assessment of Educational
                                Progress (NAEP) Digitally Based
                                Assessments (DBA) Usability Study 2017-
                                18.
1850-0803 v.182..............  2017 National Household Education Survey
                                (NHES) Web Data Collection Test.
1850-0803 v.186..............  National Household Education Surveys
                                Program 2019 (NHES:2019) Focus Groups
                                with Parents of Students using Virtual
                                Education.
1850-0803 v.187..............  National Household Education Surveys
                                Program (NHES) 2017 Web Test Debriefing
                                Interviews for Parents of Homeschoolers.
1850-0803 v.189..............  2017-2018 National Teacher and Principal
                                Survey (NTPS) Portal Usability Testing.
1850-0803 v.191..............  NCER-NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017
                                Cognitive Testing.
1850-0803 v.190..............  International Early Learning Study (IELS
                                2018) Cognitive Items Trial.
1850-0803 v.164..............  National Assessment of Educational
                                Progress (NAEP) 2019 Science Items
                                Pretesting.
1850-0803 v.170..............  National Assessment of Educational
                                Progress (NAEP) Survey Assessments
                                Innovations Lab (SAIL) Pretesting
                                Activities: Virtual World for English
                                Language Arts Assessment.
1850-0803 v.175..............  National Assessment of Educational
                                Progress (NAEP) Science Questionnaire
                                Cognitive Interviews 2017.

[[Page 17644]]

 
1850-0803 v.184..............  NCER-NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017
                                Focus Groups.
1850-0803 v.183..............  NCER-NPSAS Grant Study--Financial Aid
                                Nudges 2017 Focus Groups.
1850-0803 v.185..............  The School Survey on Crime and Safety
                                (SSOCS) Principals Focus Groups.
------------------------------------------------------------------------

    Affected Public: Survey respondents to applicable NCES information 
collections.
    Total Respondents: Unchanged from current collections.
    Frequency: Unchanged from current collections.
    Total Responses: Unchanged from current collections.
    Average Time per Response: Unchanged from current collections.
    Estimated Total Burden Hours: Unchanged from current collections.
    Estimated Total Cost: Unchanged from current collections.

    Dated: April 7, 2017.
Kate Mullan,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer, Office of Management.
[FR Doc. 2017-07350 Filed 4-11-17; 8:45 am]
BILLING CODE 4000-01-P