Privacy Act of 1974; System of Records, 66061-66064 [2010-27216]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66061-66064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27216]


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DEPARTMENT OF COMMERCE

[Docket No. 101019526-0526-01]


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 an amendment to a notice of 
intent to amend the system of records under COMMERCE/CENSUS-8, 
Statistical Administrative Records System published previously on March 
25, 2009. This amendment would change certain provisions 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 November 26, 2010.
    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, Washington, DC 20233-3700.

SUPPLEMENTARY INFORMATION: On March 25, 2009, the Department of 
Commerce published and requested comments on a proposed Privacy Act 
System of Records notice entitled COMMERCE/CENSUS-8, Statistical 
Administrative Records System (74 FR 12834). No comments were received 
by Commerce, but that notice was not published as final because a 
careful review of the proposed changes revealed that two technical 
changes were needed and two other program-related changes were needed 
because of work associated with the Statistical Administrative System 
(StARS).
    The first proposed technical change is the insertion of a reference 
to 13 U.S.C. 8(b) after ``* * * in accordance with Title 13, United 
States Codes (U.S.C.) * * *'' under the Supplementary Information 
heading to more thoroughly reflect the authorities under which the 
Census Bureau collects data including our reimbursable work for other 
agencies and the authority for the release of summary tabulations. The 
second proposed change is the insertion of the phrase ``* * * in 
accordance with the Department's rules which appear in 15 CFR part 4 
subpart B and * * *'' after ``This exemption is made'' under the 
section entitled ``Exemptions Claimed for System.'' This change is 
being made to more accurately convey that the Census Bureau, as part of 
the Department of Commerce, is subject to Commerce Department rules.
    The first of the two changes made to program-related provisions of 
the March 25, 2009 notice is to language that attempted to clearly 
describe the strict limitations to be placed on access to records 
containing direct identifiers by sworn Census Bureau staff. In that 
notice, the Census Bureau proposed a change to the access limitation 
provision from ``a limited number'' to ``fewer than ten'' under the 
heading ``Categories of Records in the System; Retrievability''. This 
change was proposed to describe the proposed

[[Page 66062]]

enhanced control of data that contain direct identifiers. However, 
after review of the proposed language, the Census Bureau concluded that 
this restriction is not operationally feasible and cannot be 
implemented. Thus, the most accurate description of the limitation on 
access to direct identifiers is the original description of ``a limited 
number'' as reflected in the January 20, 2000 published version of the 
SORN. The second proposed change is being made to establish that the 
list of categories of sources of records is representative of the types 
of agencies that the Census Bureau receives records from, but that it 
is not an exhaustive list. Thus the phrase ``relevant to those programs 
from agencies including,'' has been inserted after ``In order to * * * 
the Census Bureau will acquire administrative record files'' under the 
heading ``Categories of Individuals Covered by the System.'' This 
change clarifies that the Census Bureau will acquire administrative 
record files from other agencies that maintain files relevant to Census 
Bureau statistical programs, including those that are listed.
    The Census Bureau invites comments on the changes proposed above. 
If no comments are submitted, the Census Bureau will finalize the above 
proposed changes, as well as those changes proposed in the March 25, 
2009 notice that were not modified herein.
    The 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.) 8(b), 41, 61, 81, 91, 101, 102, 131, 141, 181, 
182, 193 and Title 15, 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 Title 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 
components. The first component houses data sets with personal 
identifiers (Social Security Numbers and names) in a secure 
environment, with access restricted to a limited number of 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 
relevant to those programs from agencies including, 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 a 
limited number of 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

[[Page 66063]]

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 contain: 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:
    ``Title 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.''

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. 
Only a limited number of 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 any 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.''

[[Page 66064]]

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., Section 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 the Department's 
rules which appear in 15 CFR part 4 subpart B and in accordance with 
agency rules published in the rules section of this Federal Register.''

    Dated: October 21, 2010.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2010-27216 Filed 10-26-10; 8:45 am]
BILLING CODE 3510-07-P