Privacy Act of 1974; System of Records-National Center for Education Statistics (NCES) Longitudinal and Cross-Sectional Studies, 56831-56834 [2018-24847]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
DEPARTMENT OF EDUCATION
[Docket ID ED–2017–IES–0131]
Privacy Act of 1974; System of
Records–National Center for Education
Statistics (NCES) Longitudinal and
Cross-Sectional Studies
National Center for Education
Statistics, Institute of Education
Sciences, Department of Education.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a modified system of records
entitled ‘‘National Center for Education
Statistics (NCES) Longitudinal and
Cross-sectional Studies’’ (18–13–01).
This system is used to fulfill NCES’s
legislative mandate to collect, report,
analyze, and disseminate statistical data
on the condition and progress of
education in the United States and other
nations at the early childhood,
preschool, elementary, secondary,
postsecondary, and adult levels,
including data on the critical influences,
contexts, and transitions of: Students in
elementary, secondary, postsecondary,
and graduate education, and into
employment and adult experiences;
children at early childhood stage;
homeschooled students; the general
adult population; and participants in
career training.
DATES: The Department seeks comment
on the modified system of records
described in this notice in accordance
with the requirements of the Privacy
Act. We must receive your comments on
or before December 14, 2018.
This modified system of records will
become applicable upon publication in
the Federal Register on November 14,
2018, unless the modified system of
records notice needs to be changed as a
result of public comment. Modified
routine uses (1) and (2) in the ROUTINE
USES OF RECORDS MAINTAINED IN
THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND
PURPOSES OF SUCH USES section will
become applicable upon the expiration
of the 30-day period of public comment
on December 14, 2018, unless any of the
modified routine uses in the system of
records notice need to be changed as a
result of public comment. The
Department will publish any significant
changes resulting from public comment.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
SUMMARY:
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comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘help’’ tab.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this modified
system of records, address them to:
Commissioner, National Center for
Education Statistics, Institute of
Education Sciences, U.S. Department of
Education, Potomac Center Plaza (PCP),
550 12th Street SW, 4th Floor,
Washington, DC 20202–4160.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request, we will
supply an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Kashka Kubzdela, National Center for
Education Statistics, Institute of
Education Sciences, U.S. Department of
Education, PCP, 550 12th Street SW, 4th
Floor, Washington, DC 20202–4160.
Telephone: (202) 245–7377. Email:
NCES.Information.Collections@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), you may call the
Federal Relay Service (FRS) toll free at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: This
system of records is used to fulfill
NCES’s legislative mandate to collect,
report, analyze, and disseminate
statistical data on the condition and
progress of education in the United
States and other nations at the early
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childhood, preschool, elementary,
secondary, postsecondary, and adult
levels. These data must be timely,
objective, and non-ideological; free of
political influence and bias; and
relevant and useful to practitioners,
researchers, policymakers, and the
public.
The Department previously published
the NCES Longitudinal Studies and the
School and Staffing Surveys system of
records in the Federal Register on June
4, 1999 (64 FR 30181–82). This
modified system of records notice is
updating:
(a) The name of the system and the
system’s security classification to
indicate that it is unclassified.
(b) The system location to provide the
current address of the Department’s
Institute of Education Sciences’
National Center for Education Statistics
office and the locations of its contractors
and subcontractors serving as additional
system locations;
(c) The system manager to reflect the
location of the National Center for
Education Statistics;
(d) The section entitled
‘‘AUTHORITY FOR MAINTENANCE
OF THE SYSTEM’’ to reflect the
updated authorizing law for collecting
and maintaining the records in this
system of records;
(e) The section entitled
‘‘PURPOSES(S) OF THE SYSTEM’’ to
align the purpose with the legislative
mandate set in the Education Sciences
Reform Act of 2002 (ESRA) (20 U.S.C.
9541 and 9543);
(f) The section entitled
‘‘CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM’’ to
provide a streamlined description and
updated list of studies for which records
are maintained (the categories of
individuals in the system were neither
expanded nor reduced), and to add that
minors’ participation in the listed
studies is subject to ‘‘implicit or explicit
parental or legal guardian consent to
participate . . . depending on school or
school district requirements and on the
Department’s Protection of Human
Subjects regulations (34 CFR part 97).’’;
(g) The section entitled
‘‘CATEGORIES OF RECORDS IN THE
SYSTEM’’ to provide a streamlined
description of the collected records;
(h) The section entitled ‘‘RECORD
SOURCE CATEGORIES’’ to clarify and
update the description to reflect that
information in the records comes from
responses to survey and assessment
instruments and from administrative
records maintained by K–12 schools and
school districts, postsecondary
institutions, the Department, and thirdparties, including State and Federal
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
agencies, as well as vendors, such as the
National Student Clearinghouse (NSC);
(i) The section entitled ‘‘ROUTINE
USES OF RECORDS MAINTAINED IN
THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND
PURPOSES OF SUCH USES’’ to modify
both of the routine uses (Contract
Disclosure and Research Disclosure) to
replace the statement: ‘‘will be required
to maintain safeguards under the
Privacy Act of 1974 and under section
406(d)(4) of [the General Education
Provisions Act] GEPA (20 U.S.C. 1221e–
1(d)(4)) with respect to such records’’
with: ‘‘must agree to safeguards to
protect the security and confidentiality
of the records disclosed from this
system, consistent with ESRA (20 U.S.C.
9573);’’ to add a citation for ‘‘the
Individuals with Disabilities Education
Act (IDEA) (20 U.S.C. 1417(c); 34 CFR
300.610–300.611, 300.613–300.623, and
300.625–300.627)’’ as applicable to the
disclosure of records in this system by
NCES; and to clarify for the Research
Disclosure routine use that directly
personally identifiable respondent
information, such as name and contact
information, is stored separately from
the rest of the data collected in this
system, and is not made available as
part of a research disclosure, and add
that the researcher must agree to use the
information for statistical purposes
only, not redisclose any data in
identifiable form, and permit NCES’
periodic inspection;
(j) The section entitled ‘‘POLICIES
AND PRACTICES FOR STORAGE OF
RECORDS’’ to reflect updated electronic
storage practices on secure servers and
other secure electronic storage media,
and to state that directly personally
identifiable contact information is
stored separately from the rest of the
data collected in this system;
(k) The section entitled ‘‘POLICIES
AND PRACTICES FOR RETRIEVAL OF
RECORDS’’ to include that records are
retrieved by title of survey and the
unique number, and are indexed by a
unique number assigned to each
individual, which can be crossreferenced when needed with the
separately stored direct personal
identifiers to allow the records to be
retrieved by name and contact
information;
(l) The section entitled ‘‘POLICIES
AND PRACTICES FOR RETENTION
AND DISPOSAL OF RECORDS’’ to
indicate that the Department will
submit a retention and disposition
schedule to the National Archives and
Records Administration (NARA) for
review; and, that the records contained
in this system will not be destroyed
until NARA approves said schedule;
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(m) The section entitled
‘‘ADMINISTRATIVE, TECHNICAL,
AND PHYSICAL SAFEGUARDS’’ to
more accurately describe the various
safeguards NCES and the Department
employ to protect the data in this
system; and
(n) The sections entitled ‘‘RECORD
ACCESS PROCEDURES’’ and
‘‘NOTIFICATION PROCEDURES’’ to
specify which necessary particulars are
required for an individual to provide
when requesting to be notified if the
system of records contains a record
pertaining to him or her or when
accessing a record.
(o) A new section entitled
‘‘HISTORY’’ also has been added to the
system of records notice to comply with
the requirements of Office of
Management and Budget Circular No.
A–108.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations via the
Federal Digital System at: www.gpo.gov/
fdsys. At this site you can view this
document, as well as all other
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: November 7, 2018.
Mark Schneider,
Director, Institute of Education Sciences.
SYSTEM NAME AND NUMBER:
National Center for Education
Statistics (NCES) Longitudinal and
Cross-sectional Studies (18–13–01).
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
National Center for Education
Statistics (NCES), Institute of Education
Sciences, U.S. Department of Education
(Department), Potomac Center Plaza
(PCP), 550 12th Street SW, 4th Floor,
Washington, DC 20202–4160. See the
Appendix at the end of this system
notice for additional system locations.
SYSTEM MANAGER(S):
Commissioner, National Center for
Education Statistics, Institute of
Education Sciences, U.S. Department of
Education, PCP, 550 12th Street SW, 4th
Floor, Washington, DC 20202.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The data collections being
administered and their maintenance are
authorized under the Education
Sciences Reform Act of 2002 (ESRA) (20
U.S.C. 9541–9547 and 9571–9576).
PURPOSE(S) OF THE SYSTEM:
This system is used to fulfill NCES’s
legislative mandate to collect, report,
analyze, and disseminate statistical data
on the condition and progress of
education in the United States and other
nations at the early childhood,
preschool, elementary, secondary,
postsecondary, and adult levels. These
data must be timely, objective, and nonideological; free of political influence
and bias; and relevant and useful to
practitioners, researchers, policymakers,
and the public.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system maintains records about
individuals randomly selected from
their respective populations of
particular subgroups of children and
adults (pre-Kindergarten children, preKindergarten through graduate school
students, parents or legal guardians,
teachers, administrators, service
providers, and general population
adults) who voluntarily agree to
participate (with implicit or explicit
parental or legal guardian consent to
participate for minors, depending on
school or school district requirements
and on the Department’s Protection of
Human Subjects regulations (34 CFR
part 97)) in one of the NCES studies
categorized below (with example
studies provided for each category):
1. National household studies [e.g.,
National Household Education Survey
(NHES) including the current Early
Childhood Education/Program
Participation (ECPP) and Parent and
Family Involvement in Education (PFI),
and with past PFI-Enrolled and PFIHomeschooled modules, the Adult
Training and Education Survey (ATES)
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studies, and the past Adult Education
(AE), Adult Education for Work-Related
Reasons (AEWR), Adult Education and
Lifelong Learning (AELL), Before- and
After-School Programs and Activities
(ASPA), School Readiness (SR), Civic
Engagement (CE), School Safety and
Discipline (SS&D), and Household and
Library Use (HHL)];
2. National and international K–12
school and staff studies [e.g., Schools
and Staffing Survey (SASS) and its
follow-ups Teacher Follow-Up Survey
(TFS), Principal Follow-Up Survey
(PFS), and Beginning Teacher
Longitudinal Study (BTLS); redesigned
SASS—National Teacher and Principal
Surveys (NTPS); and studies not related
to SASS, such as Teacher Compensation
Survey (TCS)*, Teacher Pilot Study
(TPS), School Survey of Crime and
Safety (SSOCS), Teaching and Learning
International Survey (TALIS) and its
associated Video Studies, and ED
School Climate Surveys (EDSCLS)];
3. National early childhood
longitudinal studies [e.g., Early
Childhood Longitudinal Study, Birth
Cohort (ECLS–B); and Early Childhood
Longitudinal Study, Kindergarten Class
studies (ECLS–K)];
4. International K–12 assessments
studies [e.g., International Early
Learning Study (IELS); Progress in
International Reading Literacy Study
(PIRLS); Civic Education Study (CivEd);
Program for International Student
Assessment (PISA); Program for
International Student Assessment
(PISA) Young Adult Follow-up (YAF)
Study; Trends in International
Mathematics and Science Study
(TIMSS) and its associated Video
Studies; and International Computer
and Information Literacy Study (ICILS)];
5. National middle grades
longitudinal studies [e.g., Middle
Grades Longitudinal Study (MGLS)];
6. National high school longitudinal
studies [e.g., National Longitudinal
Study of the High School Class of 1972
(NLS); National Education Longitudinal
Study of 1988 (NELS); Education
Longitudinal Study of 2002 (ELS); High
School Longitudinal Study of 2009
(HSLS); and High School and Beyond
Longitudinal studies (HS&B)];
7. National postsecondary studies
[e.g., Recent College Graduates (RCG);
National Postsecondary Student Aid
Study (NPSAS) and its follow-ups
Beginning Postsecondary Students
Longitudinal Study (BPS) and
Baccalaureate and Beyond Longitudinal
Study (B&B); National Postsecondary
Student Aid Study, Administrative
Collection (NPSAS–AC); National
Postsecondary Education Cooperative—
Sample Surveys (NPEC–S); National
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Study of Postsecondary Faculty
(NSOPF); and National Center for
Education Research NCER–NPSAS
Grant Studies];
8. National and international adult
assessment studies [e.g., International
Adult Literacy Survey (IALS); Adult
Literacy and Lifeskills Survey (ALL);
National Assessment of Adult Literacy
(NAAL); and Program for the
International Assessment of Adult
Competencies (PIAAC)];
9. National quick response studies
[e.g., Quick Response Information
System (QRIS) made up of prepostsecondary Fast Response Survey
System (FRSS) and Postsecondary
Education Quick Information System
(PEQIS)]; and
10. NCES national and international
developmental studies [e.g., cognitive
interviews, focus groups, feasibility
studies, usability tests, pilot tests, web
tests, etc., utilized to develop new or to
improve current data collection
methodologies and instruments for
particular existing or multiple current
and future data collection programs].
* TCS is an administrative records
survey that collected between Fiscal
Years (FY) 2007–2011 total
compensation, teacher status, and
demographic data about all teachers
from multiple States.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of responses
from students, their parents or legal
guardians, teachers, administrators,
service providers, and other adults to
data collection instruments including
information such as background and
demographic data, functional measures
(reports of children’s functioning in
cognitive, social, emotional, and
physical domains), family
characteristics, education and/or
employment experiences, finances,
aspirations, plans, and attitudes.
Cognitive assessment scores,
administrative and financial aid records,
and high school and college transcripts
are also appended to the records. The
appended administrative records
contain data such as attendance,
program participation, and other
information.
The records for service providers,
schools/institutions, and local
educational agencies contain
information on numbers and
characteristics of students, teaching
staff, and administrators; data on
facilities, programs, services, and
finances; and information related to
student enrollment, persistence,
completion, and performance. The
records related to teachers and
administrators contain, in addition to
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the above, data on certifications,
training, experience, staff evaluations,
salary, benefits, and attitudes and
opinions related to various aspects of
education and operations.
RECORD SOURCE CATEGORIES:
Information in the records comes from
responses to survey and assessment
instruments and from administrative
records maintained by K–12 schools and
school districts, postsecondary
institutions, the Department, and thirdparties, including State and Federal
agencies, as well as vendors, such as the
National Student Clearinghouse (NSC).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
The Department may disclose
information contained in a record in
this system of records under the routine
uses listed in this system of records
without the consent of the individual if
the disclosure is compatible with the
purpose for which the record was
collected. Any disclosure of
individually identifiable information
from a record in this system must also
comply with the requirements of
Section 183 of the ESRA (20 U.S.C.
9573) and its confidentiality standards
that apply to all collection, reporting,
and publication of data by NCES. Any
disclosure of personally identifiable
information (PII) from students’
education records that were obtained
from schools, school districts,
postsecondary institutions, and other
sources must also comply with the
requirements of the Individuals with
Disabilities Education Act (IDEA) (20
U.S.C. 1417(c); 34 CFR 300.610–
300.611, 300.613–300.623, and 300.625–
300.627) and the Family Educational
Rights and Privacy Act (20 U.S.C. 1232g;
34 CFR part 99), which protect the
privacy of student education records
and the PII contained therein.
(1) Contract Disclosure. When NCES
contracts with a private firm for the
purpose of collating, analyzing,
aggregating, maintaining, appending, or
otherwise refining records in this
system, the Commissioner of Education
Statistics may release relevant records to
the contractor. The contractor must
agree to safeguards to protect the
security and confidentiality of the
records disclosed from this system,
consistent with Section 183 of the ESRA
(20 U.S.C. 9573).
(2) Research Disclosure. Where the
Commissioner of Education Statistics
determines that an individual or
organization is qualified to carry out
specific research, the Commissioner
may disclose information from the
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
system of records to that researcher
solely for the purpose of carrying out
that research. Directly personally
identifiable respondent information,
such as name and contact information,
are stored separately from the rest of the
data collected in this system, and are
not made available as part of a research
disclosure. The researcher must agree to
safeguards to protect the security and
confidentiality of the records disclosed
from this system, consistent with
Section 183 of the ESRA (20 U.S.C.
9573). Furthermore, the researcher must
agree to use the information for
statistical purposes only, not redisclose
any data in identifiable form, and
permit NCES’ periodic inspection.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in a database
on NCES’ or its contractors’ or
subcontractors’ secure servers and in
other secure electronic storage media.
Directly personally identifiable
respondent information, such as name
and contact information, is stored
separately from the rest of the data
collected in this system.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in the location file are
indexed by a unique number assigned to
each individual, which can be crossreferenced when needed with the
separately stored direct personal
identifiers. Records are retrieved by title
of survey and the unique number.
The computer systems employed offer
a high degree of resistance to tampering
and circumvention. Security systems
limit data access to contract staff on a
‘‘need to know’’ basis, and control each
individual user’s ability to access and
alter records within the system.
The NCES, contractor, and
subcontractor employees who
‘‘maintain’’ (including collect, maintain,
use, or disseminate) data in this system
of records must comply with the
requirements of the confidentiality
standards under Section 183 of the
ESRA (20 U.S.C. 9573).
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record
that exists regarding you in this system
of records, contact the system manager
at the address listed above. You must
provide necessary particulars such as
the study in question, your name,
current address, the date and place of
your birth, and any other identifying
information requested by the
Department, while processing the
request, to distinguish between
individuals with the same name. Your
request must meet the requirements in
34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest content of a
record regarding you in this system of
records, contact the system manager.
Your request must meet the
requirements in 34 CFR 5b.7.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
NOTIFICATION PROCEDURES:
The Department shall submit a
retention and disposition schedule that
covers the records contained in this
system to the National Archives and
Records Administration (NARA) for
review. The records will not be
destroyed until such time as NARA
approves said schedule.
If you wish to determine whether a
record exists regarding you in this
system of records, contact the system
manager at the address listed above.
You must provide necessary particulars
such as the study in question, your
name, current address, the date and
place of your birth, and any other
identifying information requested by the
Department, while processing the
request, to distinguish between
individuals with the same name. Your
request must meet the requirements in
34 CFR 5b.5, including proof of identity.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to the records is limited to
authorized personnel who are briefed
regarding confidentiality of the data, are
required to sign a written statement
attesting to their understanding of the
significance of the confidentiality
requirement and penalties for noncompliance, and have received
Department security clearances.
All physical access to the NCES,
contractor, and subcontractor sites
where this system of records is
maintained, is controlled and monitored
by security personnel who check each
individual entering the buildings for his
or her employee or visitor badge.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
Appendix to 18–13–01
Additional System Locations
• ABT Associates, 4550 Montgomery
Ave., Suite 800 North, Bethesda, MD
20815–3343
• Activate Research, 1001
Connecticut Ave. NW, #515,
Washington, DC 20036
• American Institutes for Research
(AIR), 1000 and 1025 Thomas Jefferson
St. NW, Washington, DC 20007
• Branch Associates, 1628 John F.
Kennedy Blvd., #800, Philadelphia, PA
19103
• Child Trends, 7315 Wisconsin Ave.,
#1200w, Bethesda, MD 20814
• Educational Testing Service (ETS),
660 Rosedale Rd., Princeton, NJ 08541
• EurekaFacts, 51 Monroe St., Plaza
East 10, Rockville, MD 20850
• Fors Marsh Group, 1010 N Glebe
Rd., #510, Arlington, VA 22201
• Hager Sharp, 1030 15th St. NW,
Suite 600E, Washington, DC 20005
• Mathematica Policy Research, 1100
First St. NE, #1200, Washington, DC
20002
• National Opinion Research Center
(NORC), 1155 E 60th St., Chicago,
Illinois 60637; 55 E Monroe, Suite 3000,
Chicago, IL 60603; 4350 East-West
Hwy., 8th Fl., Bethesda, MD 20814
• Pearson Inc., 2510 N Dodge St.,
Iowa City, Iowa 52245
• Research Support Services, 906
Ridge Ave., Evanston, IL 60202
• RTI International, 3040 E
Cornwallis Rd., Research Triangle Park,
NC 27709–2194
• Sanametrix, 1120 20th St. NW,
South Tower, Suite 200, Washington,
DC 20036; 506 Wonderwood Drive,
Charlotte, NC 28211; 24574 Spriggs
Court, Hollywood, MD 20636
• Shugoll Research, 7475 Wisconsin
Ave., #200, Bethesda, MD 20814; 1800
Diagonal Rd., #300, Alexandria, VA
22314
• SRI International, 1100 Wilson
Boulevard, #2800, Arlington, VA 22209
• Strategic Analytics Inc., 6503
Shipyard Place, Falls Church, VA 22043
• Synergy Enterprises, 8757 Georgia
Ave., Silver Spring, MD 20910
• U.S. Census Bureau, 4600 Silver
Hill Rd., Suitland, MD 20746; 1201 E
10th St., Jeffersonville, IN 47190
• WESTAT, 1600 Research Blvd.,
Rockville, MD 20850.
[FR Doc. 2018–24847 Filed 11–13–18; 8:45 am]
HISTORY:
BILLING CODE 4000–01–P
The system of records previously
entitled ‘‘National Center for Education
Statistics Longitudinal Studies and the
School and Staffing Surveys’’ (18–13–
01) was last published in the Federal
Register at 64 FR 30181–30182 (June 4,
1999).
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DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Hanford
AGENCY:
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Department of Energy (DOE).
14NON1
Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56831-56834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24847]
[[Page 56831]]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2017-IES-0131]
Privacy Act of 1974; System of Records-National Center for
Education Statistics (NCES) Longitudinal and Cross-Sectional Studies
AGENCY: National Center for Education Statistics, Institute of
Education Sciences, Department of Education.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice of a modified system of records entitled ``National Center for
Education Statistics (NCES) Longitudinal and Cross-sectional Studies''
(18-13-01). This system is used to fulfill NCES's legislative mandate
to collect, report, analyze, and disseminate statistical data on the
condition and progress of education in the United States and other
nations at the early childhood, preschool, elementary, secondary,
postsecondary, and adult levels, including data on the critical
influences, contexts, and transitions of: Students in elementary,
secondary, postsecondary, and graduate education, and into employment
and adult experiences; children at early childhood stage; homeschooled
students; the general adult population; and participants in career
training.
DATES: The Department seeks comment on the modified system of records
described in this notice in accordance with the requirements of the
Privacy Act. We must receive your comments on or before December 14,
2018.
This modified system of records will become applicable upon
publication in the Federal Register on November 14, 2018, unless the
modified system of records notice needs to be changed as a result of
public comment. Modified routine uses (1) and (2) in the ROUTINE USES
OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES section will become applicable upon the
expiration of the 30-day period of public comment on December 14, 2018,
unless any of the modified routine uses in the system of records notice
need to be changed as a result of public comment. The Department will
publish any significant changes resulting from public comment.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this modified system of records,
address them to: Commissioner, National Center for Education
Statistics, Institute of Education Sciences, U.S. Department of
Education, Potomac Center Plaza (PCP), 550 12th Street SW, 4th Floor,
Washington, DC 20202-4160.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request, we will supply an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Kashka Kubzdela, National Center for
Education Statistics, Institute of Education Sciences, U.S. Department
of Education, PCP, 550 12th Street SW, 4th Floor, Washington, DC 20202-
4160. Telephone: (202) 245-7377. Email:
[email protected].
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), you may call the Federal Relay Service (FRS) toll free
at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: This system of records is used to fulfill
NCES's legislative mandate to collect, report, analyze, and disseminate
statistical data on the condition and progress of education in the
United States and other nations at the early childhood, preschool,
elementary, secondary, postsecondary, and adult levels. These data must
be timely, objective, and non-ideological; free of political influence
and bias; and relevant and useful to practitioners, researchers,
policymakers, and the public.
The Department previously published the NCES Longitudinal Studies
and the School and Staffing Surveys system of records in the Federal
Register on June 4, 1999 (64 FR 30181-82). This modified system of
records notice is updating:
(a) The name of the system and the system's security classification
to indicate that it is unclassified.
(b) The system location to provide the current address of the
Department's Institute of Education Sciences' National Center for
Education Statistics office and the locations of its contractors and
subcontractors serving as additional system locations;
(c) The system manager to reflect the location of the National
Center for Education Statistics;
(d) The section entitled ``AUTHORITY FOR MAINTENANCE OF THE
SYSTEM'' to reflect the updated authorizing law for collecting and
maintaining the records in this system of records;
(e) The section entitled ``PURPOSES(S) OF THE SYSTEM'' to align the
purpose with the legislative mandate set in the Education Sciences
Reform Act of 2002 (ESRA) (20 U.S.C. 9541 and 9543);
(f) The section entitled ``CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM'' to provide a streamlined description and updated list of
studies for which records are maintained (the categories of individuals
in the system were neither expanded nor reduced), and to add that
minors' participation in the listed studies is subject to ``implicit or
explicit parental or legal guardian consent to participate . . .
depending on school or school district requirements and on the
Department's Protection of Human Subjects regulations (34 CFR part
97).'';
(g) The section entitled ``CATEGORIES OF RECORDS IN THE SYSTEM'' to
provide a streamlined description of the collected records;
(h) The section entitled ``RECORD SOURCE CATEGORIES'' to clarify
and update the description to reflect that information in the records
comes from responses to survey and assessment instruments and from
administrative records maintained by K-12 schools and school districts,
postsecondary institutions, the Department, and third-parties,
including State and Federal
[[Page 56832]]
agencies, as well as vendors, such as the National Student
Clearinghouse (NSC);
(i) The section entitled ``ROUTINE USES OF RECORDS MAINTAINED IN
THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES''
to modify both of the routine uses (Contract Disclosure and Research
Disclosure) to replace the statement: ``will be required to maintain
safeguards under the Privacy Act of 1974 and under section 406(d)(4) of
[the General Education Provisions Act] GEPA (20 U.S.C. 1221e-1(d)(4))
with respect to such records'' with: ``must agree to safeguards to
protect the security and confidentiality of the records disclosed from
this system, consistent with ESRA (20 U.S.C. 9573);'' to add a citation
for ``the Individuals with Disabilities Education Act (IDEA) (20 U.S.C.
1417(c); 34 CFR 300.610-300.611, 300.613-300.623, and 300.625-
300.627)'' as applicable to the disclosure of records in this system by
NCES; and to clarify for the Research Disclosure routine use that
directly personally identifiable respondent information, such as name
and contact information, is stored separately from the rest of the data
collected in this system, and is not made available as part of a
research disclosure, and add that the researcher must agree to use the
information for statistical purposes only, not redisclose any data in
identifiable form, and permit NCES' periodic inspection;
(j) The section entitled ``POLICIES AND PRACTICES FOR STORAGE OF
RECORDS'' to reflect updated electronic storage practices on secure
servers and other secure electronic storage media, and to state that
directly personally identifiable contact information is stored
separately from the rest of the data collected in this system;
(k) The section entitled ``POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS'' to include that records are retrieved by title of survey and
the unique number, and are indexed by a unique number assigned to each
individual, which can be cross-referenced when needed with the
separately stored direct personal identifiers to allow the records to
be retrieved by name and contact information;
(l) The section entitled ``POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS'' to indicate that the Department will submit a
retention and disposition schedule to the National Archives and Records
Administration (NARA) for review; and, that the records contained in
this system will not be destroyed until NARA approves said schedule;
(m) The section entitled ``ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS'' to more accurately describe the various safeguards NCES
and the Department employ to protect the data in this system; and
(n) The sections entitled ``RECORD ACCESS PROCEDURES'' and
``NOTIFICATION PROCEDURES'' to specify which necessary particulars are
required for an individual to provide when requesting to be notified if
the system of records contains a record pertaining to him or her or
when accessing a record.
(o) A new section entitled ``HISTORY'' also has been added to the
system of records notice to comply with the requirements of Office of
Management and Budget Circular No. A-108.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other
documents of the Department published in the Federal Register, in text
or Portable Document Format (PDF). To use PDF you must have Adobe
Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: November 7, 2018.
Mark Schneider,
Director, Institute of Education Sciences.
SYSTEM NAME AND NUMBER:
National Center for Education Statistics (NCES) Longitudinal and
Cross-sectional Studies (18-13-01).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Center for Education Statistics (NCES), Institute of
Education Sciences, U.S. Department of Education (Department), Potomac
Center Plaza (PCP), 550 12th Street SW, 4th Floor, Washington, DC
20202-4160. See the Appendix at the end of this system notice for
additional system locations.
SYSTEM MANAGER(S):
Commissioner, National Center for Education Statistics, Institute
of Education Sciences, U.S. Department of Education, PCP, 550 12th
Street SW, 4th Floor, Washington, DC 20202.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The data collections being administered and their maintenance are
authorized under the Education Sciences Reform Act of 2002 (ESRA) (20
U.S.C. 9541-9547 and 9571-9576).
PURPOSE(S) OF THE SYSTEM:
This system is used to fulfill NCES's legislative mandate to
collect, report, analyze, and disseminate statistical data on the
condition and progress of education in the United States and other
nations at the early childhood, preschool, elementary, secondary,
postsecondary, and adult levels. These data must be timely, objective,
and non-ideological; free of political influence and bias; and relevant
and useful to practitioners, researchers, policymakers, and the public.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains records about individuals randomly selected
from their respective populations of particular subgroups of children
and adults (pre-Kindergarten children, pre-Kindergarten through
graduate school students, parents or legal guardians, teachers,
administrators, service providers, and general population adults) who
voluntarily agree to participate (with implicit or explicit parental or
legal guardian consent to participate for minors, depending on school
or school district requirements and on the Department's Protection of
Human Subjects regulations (34 CFR part 97)) in one of the NCES studies
categorized below (with example studies provided for each category):
1. National household studies [e.g., National Household Education
Survey (NHES) including the current Early Childhood Education/Program
Participation (ECPP) and Parent and Family Involvement in Education
(PFI), and with past PFI-Enrolled and PFI-Homeschooled modules, the
Adult Training and Education Survey (ATES)
[[Page 56833]]
studies, and the past Adult Education (AE), Adult Education for Work-
Related Reasons (AEWR), Adult Education and Lifelong Learning (AELL),
Before- and After-School Programs and Activities (ASPA), School
Readiness (SR), Civic Engagement (CE), School Safety and Discipline
(SS&D), and Household and Library Use (HHL)];
2. National and international K-12 school and staff studies [e.g.,
Schools and Staffing Survey (SASS) and its follow-ups Teacher Follow-Up
Survey (TFS), Principal Follow-Up Survey (PFS), and Beginning Teacher
Longitudinal Study (BTLS); redesigned SASS--National Teacher and
Principal Surveys (NTPS); and studies not related to SASS, such as
Teacher Compensation Survey (TCS)*, Teacher Pilot Study (TPS), School
Survey of Crime and Safety (SSOCS), Teaching and Learning International
Survey (TALIS) and its associated Video Studies, and ED School Climate
Surveys (EDSCLS)];
3. National early childhood longitudinal studies [e.g., Early
Childhood Longitudinal Study, Birth Cohort (ECLS-B); and Early
Childhood Longitudinal Study, Kindergarten Class studies (ECLS-K)];
4. International K-12 assessments studies [e.g., International
Early Learning Study (IELS); Progress in International Reading Literacy
Study (PIRLS); Civic Education Study (CivEd); Program for International
Student Assessment (PISA); Program for International Student Assessment
(PISA) Young Adult Follow-up (YAF) Study; Trends in International
Mathematics and Science Study (TIMSS) and its associated Video Studies;
and International Computer and Information Literacy Study (ICILS)];
5. National middle grades longitudinal studies [e.g., Middle Grades
Longitudinal Study (MGLS)];
6. National high school longitudinal studies [e.g., National
Longitudinal Study of the High School Class of 1972 (NLS); National
Education Longitudinal Study of 1988 (NELS); Education Longitudinal
Study of 2002 (ELS); High School Longitudinal Study of 2009 (HSLS); and
High School and Beyond Longitudinal studies (HS&B)];
7. National postsecondary studies [e.g., Recent College Graduates
(RCG); National Postsecondary Student Aid Study (NPSAS) and its follow-
ups Beginning Postsecondary Students Longitudinal Study (BPS) and
Baccalaureate and Beyond Longitudinal Study (B&B); National
Postsecondary Student Aid Study, Administrative Collection (NPSAS-AC);
National Postsecondary Education Cooperative--Sample Surveys (NPEC-S);
National Study of Postsecondary Faculty (NSOPF); and National Center
for Education Research NCER-NPSAS Grant Studies];
8. National and international adult assessment studies [e.g.,
International Adult Literacy Survey (IALS); Adult Literacy and
Lifeskills Survey (ALL); National Assessment of Adult Literacy (NAAL);
and Program for the International Assessment of Adult Competencies
(PIAAC)];
9. National quick response studies [e.g., Quick Response
Information System (QRIS) made up of pre-postsecondary Fast Response
Survey System (FRSS) and Postsecondary Education Quick Information
System (PEQIS)]; and
10. NCES national and international developmental studies [e.g.,
cognitive interviews, focus groups, feasibility studies, usability
tests, pilot tests, web tests, etc., utilized to develop new or to
improve current data collection methodologies and instruments for
particular existing or multiple current and future data collection
programs].
* TCS is an administrative records survey that collected between
Fiscal Years (FY) 2007-2011 total compensation, teacher status, and
demographic data about all teachers from multiple States.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of responses from students, their parents or
legal guardians, teachers, administrators, service providers, and other
adults to data collection instruments including information such as
background and demographic data, functional measures (reports of
children's functioning in cognitive, social, emotional, and physical
domains), family characteristics, education and/or employment
experiences, finances, aspirations, plans, and attitudes. Cognitive
assessment scores, administrative and financial aid records, and high
school and college transcripts are also appended to the records. The
appended administrative records contain data such as attendance,
program participation, and other information.
The records for service providers, schools/institutions, and local
educational agencies contain information on numbers and characteristics
of students, teaching staff, and administrators; data on facilities,
programs, services, and finances; and information related to student
enrollment, persistence, completion, and performance. The records
related to teachers and administrators contain, in addition to the
above, data on certifications, training, experience, staff evaluations,
salary, benefits, and attitudes and opinions related to various aspects
of education and operations.
RECORD SOURCE CATEGORIES:
Information in the records comes from responses to survey and
assessment instruments and from administrative records maintained by K-
12 schools and school districts, postsecondary institutions, the
Department, and third-parties, including State and Federal agencies, as
well as vendors, such as the National Student Clearinghouse (NSC).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with the purpose for which the record was collected. Any
disclosure of individually identifiable information from a record in
this system must also comply with the requirements of Section 183 of
the ESRA (20 U.S.C. 9573) and its confidentiality standards that apply
to all collection, reporting, and publication of data by NCES. Any
disclosure of personally identifiable information (PII) from students'
education records that were obtained from schools, school districts,
postsecondary institutions, and other sources must also comply with the
requirements of the Individuals with Disabilities Education Act (IDEA)
(20 U.S.C. 1417(c); 34 CFR 300.610-300.611, 300.613-300.623, and
300.625-300.627) and the Family Educational Rights and Privacy Act (20
U.S.C. 1232g; 34 CFR part 99), which protect the privacy of student
education records and the PII contained therein.
(1) Contract Disclosure. When NCES contracts with a private firm
for the purpose of collating, analyzing, aggregating, maintaining,
appending, or otherwise refining records in this system, the
Commissioner of Education Statistics may release relevant records to
the contractor. The contractor must agree to safeguards to protect the
security and confidentiality of the records disclosed from this system,
consistent with Section 183 of the ESRA (20 U.S.C. 9573).
(2) Research Disclosure. Where the Commissioner of Education
Statistics determines that an individual or organization is qualified
to carry out specific research, the Commissioner may disclose
information from the
[[Page 56834]]
system of records to that researcher solely for the purpose of carrying
out that research. Directly personally identifiable respondent
information, such as name and contact information, are stored
separately from the rest of the data collected in this system, and are
not made available as part of a research disclosure. The researcher
must agree to safeguards to protect the security and confidentiality of
the records disclosed from this system, consistent with Section 183 of
the ESRA (20 U.S.C. 9573). Furthermore, the researcher must agree to
use the information for statistical purposes only, not redisclose any
data in identifiable form, and permit NCES' periodic inspection.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in a database on NCES' or its contractors'
or subcontractors' secure servers and in other secure electronic
storage media. Directly personally identifiable respondent information,
such as name and contact information, is stored separately from the
rest of the data collected in this system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in the location file are indexed by a unique number
assigned to each individual, which can be cross-referenced when needed
with the separately stored direct personal identifiers. Records are
retrieved by title of survey and the unique number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The Department shall submit a retention and disposition schedule
that covers the records contained in this system to the National
Archives and Records Administration (NARA) for review. The records will
not be destroyed until such time as NARA approves said schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the records is limited to authorized personnel who are
briefed regarding confidentiality of the data, are required to sign a
written statement attesting to their understanding of the significance
of the confidentiality requirement and penalties for non-compliance,
and have received Department security clearances.
All physical access to the NCES, contractor, and subcontractor
sites where this system of records is maintained, is controlled and
monitored by security personnel who check each individual entering the
buildings for his or her employee or visitor badge.
The computer systems employed offer a high degree of resistance to
tampering and circumvention. Security systems limit data access to
contract staff on a ``need to know'' basis, and control each individual
user's ability to access and alter records within the system.
The NCES, contractor, and subcontractor employees who ``maintain''
(including collect, maintain, use, or disseminate) data in this system
of records must comply with the requirements of the confidentiality
standards under Section 183 of the ESRA (20 U.S.C. 9573).
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record that exists regarding you in
this system of records, contact the system manager at the address
listed above. You must provide necessary particulars such as the study
in question, your name, current address, the date and place of your
birth, and any other identifying information requested by the
Department, while processing the request, to distinguish between
individuals with the same name. Your request must meet the requirements
in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest content of a record regarding you in this
system of records, contact the system manager. Your request must meet
the requirements in 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
this system of records, contact the system manager at the address
listed above. You must provide necessary particulars such as the study
in question, your name, current address, the date and place of your
birth, and any other identifying information requested by the
Department, while processing the request, to distinguish between
individuals with the same name. Your request must meet the requirements
in 34 CFR 5b.5, including proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The system of records previously entitled ``National Center for
Education Statistics Longitudinal Studies and the School and Staffing
Surveys'' (18-13-01) was last published in the Federal Register at 64
FR 30181-30182 (June 4, 1999).
Appendix to 18-13-01
Additional System Locations
ABT Associates, 4550 Montgomery Ave., Suite 800 North,
Bethesda, MD 20815-3343
Activate Research, 1001 Connecticut Ave. NW, #515,
Washington, DC 20036
American Institutes for Research (AIR), 1000 and 1025
Thomas Jefferson St. NW, Washington, DC 20007
Branch Associates, 1628 John F. Kennedy Blvd., #800,
Philadelphia, PA 19103
Child Trends, 7315 Wisconsin Ave., #1200w, Bethesda, MD
20814
Educational Testing Service (ETS), 660 Rosedale Rd.,
Princeton, NJ 08541
EurekaFacts, 51 Monroe St., Plaza East 10, Rockville, MD
20850
Fors Marsh Group, 1010 N Glebe Rd., #510, Arlington, VA
22201
Hager Sharp, 1030 15th St. NW, Suite 600E, Washington, DC
20005
Mathematica Policy Research, 1100 First St. NE, #1200,
Washington, DC 20002
National Opinion Research Center (NORC), 1155 E 60th St.,
Chicago, Illinois 60637; 55 E Monroe, Suite 3000, Chicago, IL 60603;
4350 East-West Hwy., 8th Fl., Bethesda, MD 20814
Pearson Inc., 2510 N Dodge St., Iowa City, Iowa 52245
Research Support Services, 906 Ridge Ave., Evanston, IL
60202
RTI International, 3040 E Cornwallis Rd., Research
Triangle Park, NC 27709-2194
Sanametrix, 1120 20th St. NW, South Tower, Suite 200,
Washington, DC 20036; 506 Wonderwood Drive, Charlotte, NC 28211; 24574
Spriggs Court, Hollywood, MD 20636
Shugoll Research, 7475 Wisconsin Ave., #200, Bethesda, MD
20814; 1800 Diagonal Rd., #300, Alexandria, VA 22314
SRI International, 1100 Wilson Boulevard, #2800,
Arlington, VA 22209
Strategic Analytics Inc., 6503 Shipyard Place, Falls
Church, VA 22043
Synergy Enterprises, 8757 Georgia Ave., Silver Spring, MD
20910
U.S. Census Bureau, 4600 Silver Hill Rd., Suitland, MD
20746; 1201 E 10th St., Jeffersonville, IN 47190
WESTAT, 1600 Research Blvd., Rockville, MD 20850.
[FR Doc. 2018-24847 Filed 11-13-18; 8:45 am]
BILLING CODE 4000-01-P