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]
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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;
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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.
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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:
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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.
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SUPPLEMENTARY INFORMATION:
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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.
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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.
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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 .................
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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
.................
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.................
.................
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1850–0803 v.175 .................
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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
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DATE AND TIME:
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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:
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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
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]]>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]
=======================================================================
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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
