82_FR_17710 82 FR 17641 - 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)

82 FR 17641 - 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)

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17641-17644
FR Document2017-07350

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.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17641-17644]
From the Federal Register Online  [www.thefederalregister.org]
[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 
[email protected].

FOR FURTHER INFORMATION CONTACT: Dr. Cleo Redline by telephone at 202-
245-7695 (this is not a toll-free number); by email at 
[email protected]; 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



                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                                 17641

                                                  information, including each proposed                       5. Personally identifiable information                Average Number of Respondents per
                                                  extension of an existing collection of                  (PII) is collected only to the extent                 Activity: 225.
                                                  information, before submitting the                      necessary and is not retained;                           Annual Responses: 450.
                                                  collection of information to OMB for                       6. Information gathered will be used                  Frequency of Response: Once per
                                                  approval. To comply with this                           only internally for general service                   request.
                                                  requirement, CSOSA on behalf of its                     improvement and program management                       Average Minutes per Response: 13.
                                                  sister agency, PSA, is publishing notice                purposes and is not intended for release                 Burden Hours: 146.
                                                  of the proposed collection of                           outside of the agency;                                   Request for Comments: Comments
                                                  information set forth in this document.                                                                       submitted in response to this notice will
                                                                                                             7. Information gathered will not be
                                                                                                                                                                be summarized and/or included in the
                                                  The proposed information collection                     used for the purpose of substantially
                                                                                                                                                                request for OMB approval. Comments
                                                  activity provides a means to garner                     informing influential policy decisions;
                                                                                                                                                                are invited on: (a) Whether the
                                                  qualitative customer and stakeholder                    and
                                                                                                                                                                collection of information is necessary
                                                  feedback in an efficient, timely manner,                   8. Information gathered will yield
                                                                                                                                                                for the proper performance of the
                                                  in accordance with the Administration’s                 qualitative information; the collections              functions of the agency, including
                                                  commitment to improving service                         will not be designed or expected to                   whether the information shall have
                                                  delivery. By qualitative feedback we                    yield statistically reliable results or used          practical utility; (b) the accuracy of the
                                                  mean information that provides useful                   as though the results are generalizable to            agency’s estimate of the burden of the
                                                  insights on perceptions and opinions,                   the population of study.                              collection of information; (c) ways to
                                                  but are not statistical surveys that yield                 Feedback collected under this generic              enhance the quality, utility, and clarity
                                                  quantitative results that can be                        clearance provides useful information,                of the information to be collected; (d)
                                                  generalized to the population of study.                 but it does not yield data that can be                ways to minimize the burden of the
                                                  This feedback will provide insights into                generalized to the overall population.                collection of information on
                                                  customer or stakeholder perceptions,                    This type of generic clearance for                    respondents, including through the use
                                                  experiences and expectations, provide                   qualitative information will not be used              of automated collection techniques or
                                                  an early warning of issues with service,                for quantitative information collections              other forms of information technology;
                                                  or focus attention on areas where                       that are designed to yield reliably                   and (e) estimates of capital or start-up
                                                  communication, training or changes in                   actionable results, such as monitoring                costs and costs of operation,
                                                  operations might improve delivery of                    trends over time or documenting                       maintenance, and purchase of services
                                                  products or services. These collections                 program performance. Such data uses                   to provide information. Burden means
                                                  will allow for ongoing, collaborative and               require more rigorous designs that                    the total time, effort, or financial
                                                  actionable communications between the                   address: The target population to which               resources expended by persons to
                                                  Agency and its customers and                            generalizations will be made, the                     generate, maintain, retain, disclose or
                                                  stakeholders. It will also allow feedback               sampling frame, the sample design                     provide information to or for a Federal
                                                  to contribute directly to the                           (including stratification and clustering),            agency. This includes the time needed
                                                  improvement of program management.                      the precision requirements or power                   to review instructions; to develop,
                                                     The solicitation of feedback will target             calculations that justify the proposed                acquire, install and utilize technology
                                                  areas such as: Timeliness,                              sample size, the expected response rate,              and systems for the purpose of
                                                  appropriateness, accuracy of                            methods for assessing potential non-                  collecting, validating and verifying
                                                  information, courtesy, efficiency of                    response bias, the protocols for data                 information, processing and
                                                  service delivery, and resolution of                     collection, and any testing procedures                maintaining information, and disclosing
                                                  issues with service delivery. Responses                 that were or will be undertaken prior to              and providing information; to train
                                                  will be assessed to plan and inform                     fielding the study. Depending on the                  personnel and to be able to respond to
                                                  efforts to improve or maintain the                      degree of influence the results are likely            a collection of information, to search
                                                  quality of service offered to the public.               to have, such collections may still be                data sources, to complete and review
                                                  If this information is not collected, vital             eligible for submission for other generic             the collection of information; and to
                                                  feedback from customers and                             mechanisms that are designed to yield                 transmit or otherwise disclose the
                                                  stakeholders on the Agency’s services                   quantitative results.                                 information.
                                                  will be unavailable.                                       As a general matter, information
                                                     The Agency will only submit a                        collections will not result in any new                Rochelle Durant,
                                                  collection for approval under this                      system of records containing privacy                  Program Analyst, Court Services and Offender
                                                  generic clearance if it meets the                       information and will not ask questions                Supervision Agency, on behalf of Pretrial
                                                                                                                                                                Services for the District of Columbia.
                                                  following conditions:                                   of a sensitive nature, such as sexual
                                                                                                          behavior and attitudes, religious beliefs,            [FR Doc. 2017–07342 Filed 4–11–17; 8:45 am]
                                                     1. The collections are voluntary;
                                                                                                          and other matters that are commonly                   BILLING CODE 3129–07–P
                                                     2. The collections are low-burden for
                                                  respondents (based on considerations of                 considered private.
                                                  total burden hours, total number of                        Current Actions: New collection of
                                                  respondents, or burden-hours per                        information.                                          DEPARTMENT OF EDUCATION
                                                  respondent) and are low-cost for both                      Type of Review: New Collection.
                                                                                                                                                                Notice of Revision of the National
                                                  the respondents and the federal                            (1) Affected Public: Individuals
                                                                                                                                                                Center for Education Statistics (NCES)
                                                  government;                                             currently under PSA supervision. PSA
                                                                                                                                                                Confidentiality Pledges Under
                                                     3. The collections are non-                          stakeholders including criminal justice
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                Confidential Information Protection
                                                  controversial and do not raise issues of                system (e.g., judges).
                                                                                                                                                                and Statistical Efficiency Act (CIPSEA)
                                                  concern to other federal agencies;                         Estimated Number of Respondents:
                                                                                                                                                                and Education Sciences Reform Act of
                                                     4. Any collection is targeted to the                 450.
                                                                                                                                                                2002 (ESRA 2002)
                                                  solicitation of opinions from                              Below we provide projected average
                                                  respondents who have experience with                    estimates for the next three years:                   AGENCY:   National Center for Education
                                                  the program or may have experience                         Average Expected Annual Number of                  Statistics (NCES), Department of
                                                  with the program in the near future;                    Activities: 2.                                        Education (ED).


                                             VerDate Sep<11>2014   18:45 Apr 11, 2017   Jkt 241001   PO 00000   Frm 00017   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1


                                                  17642                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  ACTION:   Notice.                                       Confidential Information and                             Accordingly, DHS and Federal
                                                                                                          Protection and Statistical Efficiency Act             statistical agencies, in cooperation with
                                                  SUMMARY:   Under 44 U.S.C. 3506(e), and                 (CIPSEA)                                              their parent departments, have
                                                  44 U.S.C. 3501 (note), the National                       Strong and trusted confidentiality and              developed a Memorandum of
                                                  Center for Education Statistics (NCES) is               exclusively statistical use pledges under             Agreement for the installation of
                                                  announcing revisions to the                             the Confidential Information Protection               Einstein 3A cybersecurity protection
                                                  confidentiality pledge(s) it provides to                and Statistical Efficiency Act (CIPSEA)               technology to monitor their Internet
                                                  its respondents under the Confidential                  and similar statistical confidentiality               traffic.
                                                  Information Protection and Statistical                  pledges are effective and necessary in                   However, many current CIPSEA and
                                                  Efficiency Act (44 U.S.C. 3501 (note))                  honoring the trust that businesses,                   similar statistical confidentiality
                                                  (CIPSEA) and under the Education                        individuals, and institutions, by their               pledges promise that respondents’ data
                                                  Sciences Reform Act of 2002 (ESRA                       responses, place in statistical agencies.             will be seen only by statistical agency
                                                  2002). These revisions are required by                  Under CIPSEA and similar statistical                  personnel or their sworn agents. Since
                                                  the passage and implementation of                       confidentiality protection statutes, many             it is possible that DHS personnel could
                                                  provisions of the Federal Cybersecurity                 Federal statistical agencies make                     see some portion of those confidential
                                                  Enhancement Act of 2015 (6 U.S.C.                       statutory pledges that the information                data in the course of examining the
                                                  151), which permits and requires the                    respondents provide will be seen only                 suspicious Internet packets identified by
                                                  Secretary of Homeland Security to                       by statistical agency personnel or their              Einstein 3A sensors, statistical agencies
                                                  provide Federal civilian agencies’                      sworn agents, and will be used only for               need to revise their confidentiality
                                                  information technology systems with                     statistical purposes. CIPSEA and similar              pledges to reflect this process change.
                                                  cybersecurity protection for their                      statutes protect the confidentiality of
                                                                                                          information that agencies collect solely                 Therefore, the National Center for
                                                  Internet traffic. More details on this
                                                                                                          for statistical purposes and under a                  Education Statistics (NCES) is providing
                                                  announcement are presented in the
                                                                                                          pledge of confidentiality. These acts                 this notice to alert the public to these
                                                  SUPPLEMENTARY INFORMATION section
                                                                                                          protect such statistical information from             confidentiality pledge revisions in an
                                                  below.
                                                                                                          administrative, law enforcement,                      efficient and coordinated fashion.
                                                  DATES:These revisions become effective                  taxation, regulatory, or any other non-                  Under CIPSEA, the following is the
                                                  upon publication of this notice in the                  statistical use and immunize the                      revised statistical confidentiality pledge
                                                  Federal Register.                                       information submitted to statistical                  for applicable NCES data collections,
                                                                                                          agencies from legal process. Moreover,                with the new line added to address the
                                                  ADDRESSES:   Questions about this notice
                                                                                                          many of these statutes carry criminal                 new cybersecurity monitoring activities
                                                  should be addressed to Dr. Cleo Redline,
                                                                                                          penalties of a Class E felony (fines up to            bolded for reference only:
                                                  National Center for Education Statistics,
                                                                                                          $250,000, or up to five years in prison,
                                                  Potomac Center Plaza, 550 12th Street                                                                           The information you provide will be used
                                                                                                          or both) for conviction of a knowing and
                                                  SW., Washington, DC 20202 or by email                                                                         for statistical purposes only. In accordance
                                                                                                          willful unauthorized disclosure of                    with the Confidential Information Protection
                                                  at cleo.redline@ed.gov.
                                                                                                          covered information.                                  provisions of Title V, Subtitle A, Public Law
                                                  FOR FURTHER INFORMATION CONTACT:      Dr.                 As part of the Consolidated
                                                                                                                                                                107–347 and other applicable Federal laws,
                                                  Cleo Redline by telephone at 202–245–                   Appropriations Act for Fiscal Year 2016
                                                                                                                                                                your responses will be kept confidential and
                                                  7695 (this is not a toll-free number); by               signed on December 17, 2015, the                      will not be disclosed in identifiable form to
                                                  email at cleo.redline@ed.gov; or by mail                Congress included the Federal                         anyone other than employees or agents. By
                                                  at the National Center for Education                    Cybersecurity Enhancement Act of 2015                 law, every NCES employee as well as every
                                                  Statistics, Potomac Center Plaza, 550                   (6 U.S.C. 151). This Act, among other                 agent, such as contractors and NAEP
                                                  12th Street SW., Washington, DC 20202.                  provisions, permits and requires the                  coordinators, has taken an oath and is subject
                                                  Because of delays in the receipt of                     Secretary of Homeland Security to                     to a jail term of up to 5 years, a fine of
                                                  regular mail related to security                        provide Federal civilian agencies’                    $250,000, or both if he or she willfully
                                                  screening, respondents are encouraged                   information technology systems with                   discloses ANY identifiable information about
                                                  to use electronic communications.                       cybersecurity protection for their                    you. Electronic submission of your
                                                                                                          Internet traffic. The technology                      information will be monitored for viruses,
                                                  SUPPLEMENTARY INFORMATION:      Federal                 currently used to provide this protection             malware, and other threats by Federal
                                                  statistics provide key information that                 against cyber malware is known as                     employees and contractors in accordance
                                                  the Nation uses to measure its                          Einstein 3A; it electronically searches               with the Cybersecurity Enhancement Act of
                                                  performance and make informed                           Internet traffic in and out of Federal                2015.
                                                  choices about education, employment,                    civilian agencies in real time for
                                                  health, investments, budgets, taxes, and                malware signatures.                                     The following listing shows the
                                                  a host of other significant topics. The                   When such a signature is found, the                 current NCES Paperwork Reduction Act
                                                  overwhelming majority of Federal                        Internet packets that contain the                     (PRA) OMB number and information
                                                  surveys are conducted on a voluntary                    malware signature are shunted aside for               collection title whose CIPSEA
                                                  basis. Respondents, ranging from                        further inspection by Department of                   confidentiality pledge will change to
                                                  businesses to households to institutions,               Homeland Security (DHS) personnel.                    reflect the statutory implementation of
                                                  may choose whether or not to provide                    Because it is possible that such packets              DHS’ Einstein 3A monitoring for
                                                  the requested information. Many of the                  entering or leaving a statistical agency’s            cybersecurity protection purposes:
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                                                  most valuable Federal statistics come                   information technology system may
                                                  from surveys that ask for highly                        contain a small portion of confidential                 OMB control       Information collection title
                                                  sensitive information such as                           statistical data, statistical agencies can               number
                                                  proprietary business data from                          no longer promise their respondents
                                                  companies or particularly personal                      that their responses will be seen only by              1850–0928 .....   National Assessment of Edu-
                                                                                                                                                                                     cational Progress (NAEP)
                                                  information or practices from                           statistical agency personnel or their                                      2017.
                                                  individuals.                                            sworn agents.


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                                                                                      Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                            17643

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



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                                                  17644                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                       OMB control number                                                                 Information collection title

                                                  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                   will include election officials and                     37 CFR 404.7(a)(1)(i). The Department of
                                                  to applicable NCES information                           stakeholders, and representatives from                  Energy (DOE) hereby gives notice that
                                                  collections.                                             the Counsel of State Governments                        DOE intends to grant an exclusive
                                                     Total Respondents: Unchanged from                     (CSG), the Federal Voting Assistance                    license to practice the inventions
                                                  current collections.                                     Program (FVAP), the United States                       described and claimed in four U.S.
                                                     Frequency: Unchanged from current                     Postal Service (USPS), and the                          Patents to Mack IV, LLC., having its
                                                  collections.                                             Department of Homeland Security                         principal place of business at Hapeville,
                                                     Total Responses: Unchanged from                       (DHS). The Standards Board will receive                 Georgia. The four Patents are titled:
                                                  current collections.                                     updates on the recommendations from                     Multi-Robot Control Interface (patent
                                                     Average Time per Response:                            EAC’s Technical Guidelines                              #8,073,564); Hardware Device to
                                                  Unchanged from current collections.                      Development Committee (TGDC) on the                     Physical Structure Binding and
                                                     Estimated Total Burden Hours:                         Voluntary Voting System Guidelines                      Authentication (patent #8,516,269);
                                                  Unchanged from current collections.                      (VVSG) 2.0. The Standards Board will                    Quantum Key Management (patent
                                                     Estimated Total Cost: Unchanged                       hold a discussion on the TGDC’s VVSG                    #9,509,506); and Handheld Portable
                                                  from current collections.                                recommendations.                                        Real-Time Tracking and
                                                    Dated: April 7, 2017.                                    The Standards Board will conduct                      Communications Device (patent
                                                  Kate Mullan,                                             committee breakout sessions and hear                    #8,185,101). The patents are owned by
                                                  Acting Director, Information Collection                  committee reports. The Standards Board                  United States of America, as represented
                                                  Clearance Division, Office of the Chief Privacy          will fill vacancies on the Executive                    by DOE. The prospective exclusive
                                                  Officer, Office of Management.                           Board of the Standards Board. The                       license complies with the requirements
                                                  [FR Doc. 2017–07350 Filed 4–11–17; 8:45 am]              Standards Board will elect new officers,                of 35 U.S.C. 209 and 37 CFR 404.7.
                                                  BILLING CODE 4000–01–P                                   and the Executive Board will appoint                    DATES: Written comments, objections, or
                                                                                                           Standards Board committee members                       nonexclusive license applications must
                                                                                                           and chairs, and consider other                          be received at the address listed no later
                                                  ELECTION ASSISTANCE COMMISSION                           administrative matters.                                 than April 27, 2017.
                                                                                                           SUPPLEMENTARY: Members of the public
                                                                                                                                                                   ADDRESSES: Comments, applications for
                                                  Meeting Notice; EAC Standards Board                      may submit relevant written statements                  nonexclusive licenses, or objections
                                                                                                           to the Standards Board with respect to                  relating to the prospective exclusive
                                                  AGENCY: U.S. Election Assistance
                                                                                                           the meeting no later than 5:00 p.m. EDT                 license should be submitted to Office of
                                                  Commission.
                                                                                                           on Thursday, April 20, 2017. Statements                 the Assistant General Counsel for
                                                  ACTION: Notice of public meeting for                     may be sent via email at facaboards@
                                                  EAC Standards Board.                                                                                             Technology Transfer and Intellectual
                                                                                                           eac.gov, via standard mail addressed to                 Property, U.S. Department of Energy,
                                                                                                           the U.S. Election Assistance                            Room 6F–067, 1000 Independence Ave.
                                                  DATE AND TIME:   Thursday, April 27,                     Commission, 1335 East West Highway,
                                                  2017, 8:30 a.m.–5:00 p.m. and Friday,                                                                            SW., Washington, DC 20585.
                                                                                                           Suite 4300, Silver Spring, MD 20910, or
                                                  April 28, 2017, 8:00–11:00 a.m.                          by fax at 301–734–3108.                                 FOR FURTHER INFORMATION CONTACT:
                                                  [Executive Board Session: Thursday,                        This meeting will be open to the                      Marianne Lynch, Office of the Assistant
                                                  April 27, 2017, 7:30 p.m.                                public.                                                 General Counsel for Technology
                                                  (administrative business only)]                                                                                  Transfer and Intellectual Property, U.S.
                                                                                                           PERSON TO CONTACT FOR INFORMATION:
                                                  PLACE: The Westin Riverwalk, 420 West
                                                                                                           Bryan Whitener, Telephone: (301) 563–                   Department of Energy, Room 6F–067,
                                                  Market Street, San Antonio, TX 78205,                    3961.                                                   1000 Independence Ave. SW.,
                                                  Phone: (210) 224–6500.                                                                                           Washington, DC 20585; Email:
                                                  PURPOSE: In accordance with the                          Bryan Whitener,                                         marianne.lynch@hq.doe.gov; and
                                                  Federal Advisory Committee Act                           Director, National Clearinghouse on                     Phone: (202) 586–3815.
                                                  (FACA), Public Law 92–463, as                            Elections, U.S. Election Assistance                     SUPPLEMENTARY INFORMATION: 35 U.S.C.
                                                  amended (5 U.S.C. Appendix 2), the                       Commission.
                                                                                                                                                                   209(c) gives DOE the authority to grant
                                                  U.S. Election Assistance Commission                      [FR Doc. 2017–07401 Filed 4–11–17; 8:45 am]
                                                                                                                                                                   exclusive or partially exclusive licenses
                                                  (EAC) Standards Board will meet to                       BILLING CODE 6820–KF–P                                  in federally-owned inventions where a
                                                  address its responsibilities under the                                                                           determination is made, among other
                                                  Help America Vote Act of 2002 (HAVA),                                                                            things, that the desired practical
                                                  to present its views on issues in the                    DEPARTMENT OF ENERGY                                    application of the invention has not
                                                  administration of Federal elections,                                                                             been achieved, or is not likely to be
                                                  formulate recommendations to the EAC,                    Notice of Intent To Grant Exclusive                     achieved expeditiously, under a
                                                  and receive updates on EAC activities.                   License                                                 nonexclusive license. The statute and
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                                                  AGENDA: The Standards Board will                         AGENCY: Office of the General Counsel,                  implementing regulations (37 CFR 404)
                                                  receive an overview and updates on                       Department of Energy.                                   require that the necessary
                                                  EAC agency operations. The Board will                    ACTION: Notice of intent to grant                       determinations be made after public
                                                  receive panel briefings on issues                        exclusive patent license.                               notice and opportunity for filing written
                                                  associated with military and overseas                                                                            comments and objections.
                                                  voters, vote-by-mail balloting, and                      SUMMARY: This notice is issued in                          Mack IV has applied for an exclusive
                                                  election cyber security. Panel members                   accordance with 35 U.S.C. 209(c)(1) and                 license to practice the inventions


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Document Created: 2017-04-12 00:23:39
Document Modified: 2017-04-12 00:23:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThese revisions become effective upon publication of this notice in the Federal Register.
ContactDr. Cleo Redline by telephone at 202- 245-7695 (this is not a toll-free number); by email at [email protected]; 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.
FR Citation82 FR 17641 

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