Privacy Act of 1974; System of Records, 12834-12836 [E9-6557]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12834-12836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6557]


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DEPARTMENT OF COMMERCE

[Docket No. 090220220-9295-01]


Privacy Act of 1974; System of Records

AGENCY: U.S. Census Bureau, Department of Commerce.

ACTION: Notice of Amendment, Privacy Act System of Records; COMMERCE/
CENSUS-8, Statistical Administrative Records System.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' 
the Department of Commerce is issuing notice of intent to amend the 
system of records under COMMERCE/CENSUS-8, Statistical Administrative 
Records System, to update administrative information concerning the 
purpose of the system of records, categories of individuals and records 
covered by the system, retrievability, and safeguards for the records 
in the system; in addition to minor administrative updates. 
Accordingly, the COMMERCE/CENSUS-8, Statistical Administrative Records 
System notice published in the Federal Register on January 20, 2000 (65 
FR 3202), is amended as below. We invite public comment on the system 
amendment announced in this publication.

DATES: Comment Date: To be considered, written comments on the proposed 
amended system must be submitted on or before April 24, 2009.
    Effective Date: Unless comments are received, the amended system of 
records will become effective as proposed on the date of publication of 
a subsequent notice in the Federal Register.

ADDRESSES: Please address comments to: Chief Privacy Officer, Privacy 
Office, Room HQ--8H168, U.S. Census Bureau, 4600 Silver Hill Road, 
Washington, DC 20233-3700.

SUPPLEMENTARY INFORMATION: The Statistical Administrative Records 
System (StARS) supports the Census Bureau's core mission of producing 
economic and demographic statistics in accordance with Title 13, United 
States Code (U.S.C.) 41, 61, 81, 91, 101, 102, 131, 141, 181, 182, 193 
and Title 15, United States Code (U.S.C.) 1525. Further, to the maximum 
extent possible and consistent with the kind, timeliness, quality and 
scope of the statistics required, the Census Bureau is mandated by 13 
U.S.C. 6 to acquire information from public and private sources to 
ensure the efficient and economical conduct of its censuses and surveys 
by using that information instead of conducting direct inquiries. To 
provide the information on which the American public, businesses, 
policymakers, and analysts rely, the StARS organizes data from a 
variety of sources, thereby eliminating the need to collect information 
again. Avoiding new collections precludes duplication, enhances 
efficiency, significantly reduces the burden on respondents, and lowers 
the cost to taxpayers. Doing so also increases the quality, timeliness, 
and relevance of the information available to those making policy 
decisions that impact the public and private sectors. The information 
that StARS organizes comes from federal and state administrative record 
systems, private entities, current demographic and economic surveys, 
quinquennial Economic Censuses, and decennial Censuses of Population 
and Housing. The amended system also expands protections on access, 
storage, and use of personally identifiable data. The StARS is a 
statistical information system whose uses will not directly affect any 
individual. In order to protect personally identifiable information, 
the StARS is logically organized into three

[[Page 12835]]

components. The first component houses data sets with personal 
identifiers (Social Security Numbers and names) in a secure 
environment, with access restricted to fewer than ten sworn Census 
Bureau staff. The sole purpose of this component is to provide a 
controlled environment to remove and replace the identifying 
information (names and Social Security Numbers) contained in source 
files with unique non-identifying codes. No data containing Social 
Security Numbers are released from this environment. The second 
component consists of data sets that contain the unique non-identifying 
codes, with the personal identifiers removed. Records from them are 
extracted or combined as needed, based on the unique non-identifying 
codes, to prepare numerous statistical products. These extracts are 
only provided in conjunction with approved Census Bureau projects and 
programs. Each proposed use is reviewed by an in-house Project Review 
Board to ensure the data are used only for authorized purposes. 
Furthermore, individuals cannot access the extracts until their 
managers have assured that they have taken all required security and 
data stewardship training. The third component of StARS houses two 
types of data sets that contain the unique non-identifying codes that 
replaced the Social Security Numbers, but retain some name information. 
The first type contains business information including the names of 
businesses, some of which are the same as the name of the owner--``John 
Doe Consulting,'' for example. The second type is used solely for the 
purpose of providing contact information for respondents involved in 
the Census Bureau's surveys and censuses. The same safeguards on the 
use of these data sets as described for the second component apply here 
as well.
COMMERCE/CENSUS-8

SYSTEM NAME:
    Delete and replace with the following language:
    ``Statistical Administrative Records System.''

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Delete and replace with the following language:
    ``Bowie Computer Center, Bureau of the Census, 17101 Melford Blvd., 
Bowie, Maryland 20715.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete and replace with the following language:
    ``This system covers the population of the United States. In order 
to approximate coverage of the population in support of its statistical 
programs, the Census Bureau will acquire administrative record files 
from the Departments of Agriculture, Education, Health and Human 
Services, Homeland Security, Housing and Urban Development, Labor, 
Treasury, Veterans Affairs and from the Office of Personnel Management, 
the Social Security Administration, the Selective Service System, and 
the U.S. Postal Service. Comparable data may also be sought from state 
agencies and commercial sources.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete and replace with the following language:
    ``The first category contains records with personal identifiers 
(names and Social Security Numbers), with access restricted to fewer 
than ten sworn Census Bureau staff. The records are maintained in a 
secure restricted-access environment. They are used solely during a 
brief period while the personal identifiers are replaced with unique 
non-identifying codes. The second category contains records that are 
maintained on unique data sets that are extracted or combined on an as-
needed basis using the unique non-identifying codes but with the 
original identifiers removed. These records may contain: Demographic 
information--date of birth, sex, race, ethnicity, household and family 
characteristics, education, marital status, tribal affiliation, and 
veteran's status; Geographical information--address and geographic 
codes; Mortality information--cause of death and hospitalization 
information; Health information--type of provider, services provided, 
cost of services, and quality indicators; Economic information--housing 
characteristics, income, occupation, employment and unemployment 
information, health insurance coverage, federal program participation, 
assets, and wealth. The third category contains two types of records 
that are maintained on unique data sets that are extracted or combined 
on an as-needed basis using the unique non-identifying codes but with 
some name information retained. One type of records contains: Business 
information--business name, revenues, number of employees, and industry 
codes in support of economic statistical products. The other type 
contains: Respondent contact information--name, address, telephone 
number, age, and sex in support of survey and census data collection 
efforts.''

AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
    Delete and replace with the following language:
    ``13 U.S.C. 6.''

PURPOSE(S):
    Delete and replace with the following language:
    ``The purpose of this system is to centralize and control the use 
of personally identifiable information by providing a secure repository 
that supports statistical operations through the removal of personal 
identifiers (Social Security Numbers and names), prior to delivery to 
other Census Bureau operating units. By combining current demographic 
and economic survey and census data with administrative record data 
from other agencies, and data procured from commercial sources on an 
as-needed basis, the Census Bureau will improve the quality and 
usefulness of its statistics and reduce the respondent burden 
associated with direct data collection efforts. The system will also be 
used to plan, evaluate, and enhance survey operations; improve 
questionnaire design and selected survey data products; and produce 
research and statistical products such as estimates of the demographic, 
social, and economic characteristics of the population.''

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete and replace with the following language:
    ``None. The StARS will be used only for statistical purposes. No 
disclosures which permit the identification of individual respondents, 
and no determinations affecting individual respondents, will be made.''
    Add the following language:

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    ``None.''

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Delete and replace with the following language:
    ``Records will be stored in a secure computerized system and on 
magnetic media; output data will be either electronic or paper copies. 
Source data sets containing personal identifiers will be maintained in 
a secure restricted-access environment.''

[[Page 12836]]

RETRIEVABILITY:
    Delete and replace with the following language:
    ``Staff producing statistical products will have access only to 
data sets from which Social Security Numbers have been deleted and 
replaced by unique non-identifying codes internal to the Census Bureau. 
Fewer than ten sworn Census Bureau staff, who work within a secure 
restricted-access environment, will be permitted to retrieve records 
containing Social Security Numbers.''

SAFEGUARDS:
    Delete and replace with the following language:
    ``Each project must be approved by an in-house Project Review Board 
to ensure that data relating to the project will be used only for 
authorized purposes. All uses of the data will be only for statistical 
purposes, which by definition means that uses will not directly affect 
any individual. Once the Project Review Board has approved a project, 
construction of statistical extracts with information from one or more 
of the source data sets may occur. Extract data sets will be based on 
unique non-identifying codes and will only be released to designated 
sworn Census Bureau staff with a need-to-know. The data in the extracts 
for these projects will not be made publicly available. Any 
publications based on the StARS will be cleared for release under the 
direction of the Census Bureau's Disclosure Review Board, which will 
confirm that all the required disclosure protection procedures have 
been implemented. No information will be released that identifies any 
individual. All employees are subject to the restrictions, penalties, 
and prohibitions of 13 U.S.C. 9 and 214; 5 U.S.C. 552a(b)(4); 18 U.S.C. 
1905; 26 U.S.C. 7213; and 42 U.S.C. 1306. When confidentiality or 
penalty provisions differ, the most stringent provisions apply to 
protect the data. Employees are regularly advised of the regulations 
issued pursuant to 13 U.S.C. 9 and 214 and other relevant statutes 
governing confidentiality of the data. For example, 13 U.S.C. 214 
provides for penalties of up to five years in prison, and applicable 
criminal statutes could impose fines up to $250,000, for releases of 
confidential data. The restricted-access environment has been 
established to limit the number of Census Bureau employees with direct 
access to the personal identifiers in this system, so as to protect the 
confidentiality of the data and to prevent unauthorized use or access. 
These safeguards provide a level and scope of security that meet the 
level and scope of security established by the Office of Management and 
Budget in OMB Circular No. A-130, Appendix III, Security of Federal 
Automated Information Resources. Furthermore, the use of unsecured 
telecommunications to transmit individually identifiable information is 
prohibited.''

RETENTION AND DISPOSAL:
    Delete and replace with the following language:
    ``Records are to be retained in accordance with the unit's Records 
Control Schedule, which is based on separate agreements with each 
source entity. Retention is not to exceed 10 years, unless, by 
agreement with the source entity, it is determined that a longer period 
is necessary for statistical purposes. At the end of the retention 
period or upon demand, all original data sets, extracts, and paper 
copies, from each source entity will be returned or destroyed as 
mandated by the agreements.''

SYSTEM MANAGER AND ADDRESS:
    Delete and replace with the following language:
    ``Associate Director for Demographic Programs, U.S. Census Bureau, 
4600 Silver Hill Road, Washington, DC 20233-8000.''

NOTIFICATION PROCEDURE:
    Delete and replace with the following language:
    ``For the Census Bureau's records, information may be obtained 
from: Assistant Division Chief for Data Management, Data Integration 
Division, Demographic Directorate, U.S. Census Bureau, 4600 Silver Hill 
Road, Washington, DC 20233-8100.''
    Add the following information:

RECORD ACCESS PROCEDURES:
    See ``Record Notification Procedure'' above.
    Add the following information:

CONTESTING RECORD PROCEDURES:
    ``None.''

RECORD SOURCE CATEGORIES:
    Delete and replace with the following language:
    ``Individuals covered by selected administrative record systems and 
Census Bureau censuses and surveys.''

EXEMPTIONS CLAIMED FOR SYSTEM:
    Delete and replace with the following language:
    ``Pursuant to 5 U.S.C. 552a(k)(4), this system of records is 
exempted from the notification, access, and contest requirements of the 
agency procedures (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 
(H), and (I), and (f)). This exemption is applicable as the data are 
maintained by the Bureau of the Census solely as statistical records, 
as required under Title 13 U.S.C., and are not used in whole or in part 
in making any determination about an identifiable individual. This 
exemption is made in accordance with agency rules published in the 
rules section of this Federal Register.''

    Dated: March 19, 2009.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. E9-6557 Filed 3-24-09; 8:45 am]
BILLING CODE 3510-07-P