Agency Information Collection Activities; Comment Request; 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), 18289-18291 [2017-07741]

Download as PDF Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices relevant to the Board’s mission and/or the topics to be addressed in this public meeting. A 15-minute period near the end of the meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three (3) minutes during this period, and will be invited to speak in the order in which their requests were received by the DFO and ADFO. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 2017–07671 Filed 4–17–17; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF EDUCATION [Docket No. ED–2017–ICCD–0052] Agency Information Collection Activities; Comment Request; 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). ACTION: Notice. AGENCY: 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 (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, 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: Interested persons are invited to submit comments on or before June 19, 2017. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED– 2017–ICCD–0052. Comments submitted sradovich on DSK3GMQ082PROD with NOTICES DATES: VerDate Sep<11>2014 16:55 Apr 17, 2017 Jkt 241001 in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 224–84, Washington, DC 20202–4537. 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 18289 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. 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. E:\FR\FM\18APN1.SGM 18APN1 18290 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices 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, OMB control No. 1850–0928 ........................... 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: Information collection title National Assessment of Educational Progress (NAEP) 2017. 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 No. 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. sradovich on DSK3GMQ082PROD with NOTICES 1850–0755 1850–0852 1850–0870 1850–0888 1850–0911 ........................... ........................... ........................... ........................... ........................... 1850–0923 ........................... 1850–0929 ........................... 1850–0931 ........................... 1850–0932 ........................... 1850–0934 ........................... 1850–0803 v.174 ................. VerDate Sep<11>2014 16:55 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices 18291 OMB control No. Information collection title 1850–0803 v.176 ................. 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. 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. 1850–0803 v.177 ................. 1850–0803 v.178 ................. 1850–0803 v.179 ................. 1850–0803 v.180 ................. 1850–0803 v.181 ................. 1850–0803 v.182 ................. 1850–0803 v.186 ................. 1850–0803 v.187 ................. v.189 v.191 v.190 v.164 v.170 ................. ................. ................. ................. ................. 1850–0803 1850–0803 1850–0803 1850–0803 sradovich on DSK3GMQ082PROD with NOTICES 1850–0803 1850–0803 1850–0803 1850–0803 1850–0803 v.175 v.184 v.183 v.185 ................. ................. ................. ................. Title of Collection: 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). OMB Control Number: 1850–0937. Type of Review: An extension of an existing information collection. 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. Abstract: 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 VerDate Sep<11>2014 16:55 Apr 17, 2017 Jkt 241001 provide Federal civilian agencies’ information technology systems with cybersecurity protection for their Internet traffic. Dated: April 12, 2017. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2017–07741 Filed 4–17–17; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9961–46–OARM] National Advisory Council for Environmental Policy and Technology Environmental Protection Agency (EPA). ACTION: Notice of Federal Advisory Committee Meeting. AGENCY: Under the Federal Advisory Committee Act, Environmental Protection Agency (EPA) gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, industry, nongovernmental organizations, and state, local and tribal governments. The purpose of this meeting is for NACEPT to develop a framework for its next SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 report addressing how to best integrate citizen science work at EPA through effective collaboration and partnerships. In addition, the Assumable Waters Subcommittee under NACEPT will provide an overview of its draft recommendations on how the EPA can best clarify which waters a state or tribe assumes permitting responsibility under the Clean Water Act (CWA) section 404 program. A copy of the meeting agenda will be posted at http://www2.epa.gov/ faca/nacept. DATES: NACEPT will hold a two-day public meeting on May 10, 2017, from 8:30 a.m. to 5:00 p.m. (EST) and May 11, 2017, from 8:30 a.m. to 1:00 p.m. (EST). ADDRESSES: The meeting will be held at the NC Museum of Natural Sciences, William G. Ross Environmental Conference Center, 11 West Jones Street, Raleigh, North Carolina 27601. FOR FURTHER INFORMATION, CONTACT: Eugene Green, Designated Federal Officer, green.eugene@epa.gov, (202) 564–2432, U.S. EPA, Office of Resources, Operations and Management, Federal Advisory Committee Management Division (MC1601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide written comments to NACEPT should be sent to Eugene Green at green.eugene@ epa.gov by May 3, 2017. The meeting is open to the public, with limited seating available on a first-come, first-served basis. Members of the public wishing to attend should contact Eugene Green via E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18289-18291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07741]


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

DEPARTMENT OF EDUCATION

[Docket No. ED-2017-ICCD-0052]


Agency Information Collection Activities; Comment Request; 
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).

ACTION: Notice.

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

SUMMARY: 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 (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, 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: Interested persons are invited to submit comments on or before 
June 19, 2017.

ADDRESSES: To access and review all the documents related to the 
information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-
0052. Comments submitted in response to this notice should be submitted 
electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal 
mail, commercial delivery, or hand delivery. Please note that comments 
submitted by fax or email and those submitted after the comment period 
will not be accepted. Written requests for information or comments 
submitted by postal mail or delivery should be addressed to the 
Director of the Information Collection Clearance Division, U.S. 
Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-84, 
Washington, DC 20202-4537.

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.

[[Page 18290]]

    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 No.                Information collection title
------------------------------------------------------------------------
1850-0928....................  National Assessment of Educational
                                Progress (NAEP) 2017.
------------------------------------------------------------------------

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 No.                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.

[[Page 18291]]

 
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.
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.
------------------------------------------------------------------------

    Title of Collection: 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).
    OMB Control Number: 1850-0937.
    Type of Review: An extension of an existing information collection.
    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.
    Abstract: 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.

    Dated: April 12, 2017.
Kate Mullan,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer, Office of Management.
[FR Doc. 2017-07741 Filed 4-17-17; 8:45 am]
 BILLING CODE 4000-01-P