Privacy Act of 1974; Altered System of Records, 10090-10093 [2014-03860]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10090-10093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03860]


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DEPARTMENT OF COMMERCE

 [Docket No. 131202999-3999-01]


Privacy Act of 1974; Altered System of Records

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

ACTION: Notice of Amendment, Privacy Act System of Records, COMMERCE/
CENSUS-5, Decennial Census Program.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 
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-5, Decennial Census Program. This amendment would update: The 
categories of individuals and records covered by the system of records; 
the authorities for maintenance of the system of records; the system 
manager and address; the policies and practices for storage, retention, 
disposal, and safeguarding the system of records; and record source 
categories. This amendment also makes other minor administrative 
updates. Accordingly, the COMMERCE/CENSUS-5, Decennial Census Program 
notice published in the Federal Register on March 18, 2010 (75 FR 
13076), is amended as below. We invite public comment on the system 
amendment announced in this publication.

DATES: To be considered, written comments on the proposed amendments 
must be submitted on or before March 26, 2014.
    Effective Date: Unless comments are received which necessitate 
modification, 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: Byron Crenshaw, Privacy 
Compliance Branch, Room--8H021, U.S. Census Bureau, Washington, DC 
20233-3700.

SUPPLEMENTARY INFORMATION: This update makes six program-related 
changes. The first of six proposed changes to program-related 
provisions updates the categories of individuals covered by the system 
to provide additional information and detail including information 
regarding employee data and paradata. Census Bureau employee 
characteristics and auxiliary data known as paradata also collected 
during census and survey interviews, pilot tests, and cognitive 
interviews are covered under the authority of 5 U.S.C. 301 as described 
in Systems of Record Notice covered under SORN COMMERCE/Census-2, 
Performance Measurement Records. The second proposed change updates the 
categories of records in the system to provide additional categories 
including categories associated with new technologies, e.g., GPS 
coordinates,

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mobile device ID, etc. The third proposed change updates the 
authorities to add the anti-wire tapping law due to the inclusion of 
recordings of census and survey interviews, cognitive interviews and 
pilot tests. The fourth proposed change updates the policies and 
practices for storing (including recordings of the American Community 
Survey and the Decennial Census of Population and Housing, cognitive 
and pilot test interviews), retaining and disposing, and safeguarding 
the records. The fifth proposed change updates the system manager and 
address. The sixth proposed change updates the record source categories 
to provide more information and detail regarding external source 
records. This amendment also provides minor administrative updates to 
the purpose, routine uses and retrievability of the system of records. 
The entire resulting system of records notice, as amended, appears 
below.
COMMERCE/CENSUS-5

System Name:
    Decennial Census Program.

Security Classification:
    None.

System Location:
    U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233-
8100; Bureau of the Census, Bowie Computer Center, 17101 Medford 
Boulevard, Bowie, Maryland 20715.

Categories of Individuals Covered by the System:
    All persons surveyed during the ongoing American Community Survey 
and all persons counted during the Decennial Census of Population and 
Housing as well as all persons counted in any pilot census and survey 
tests of procedures related to the American Community Survey and the 
Decennial Census of Population and Housing are covered by the system. 
Participation in the decennial censuses (the American Community Survey 
and the Decennial Census of Population and Housing) as well as all of 
the pilot censuses is mandatory. Data collected directly from 
respondents may be supplemented with data from administrative record 
files received from other federal, state, or local agencies. Comparable 
data may also be obtained from private persons and commercial sources. 
These are collected and processed under the Statistical Administrative 
Records System. Please see the COMMERCE/CENSUS-8, Statistical 
Administrative Records System SORN for more information. Field 
Representative (FR) and interviewer characteristics as well as paradata 
collected during the American Community Survey and the Decennial Census 
of Population and Housing (including the same data obtained during 
recordings) are covered under SORN COMMERCE/Census-2, Performance 
Measurement Records.

Categories of Records in the System:
    Records collected by the American Community Survey and its pilot 
surveys may contain information such as: Population information--name, 
address, email address, telephone number (both landline and cell phone 
number), driver's license number, age, sex, race, Hispanic origin, 
relationships, housing tenure, number of persons in the household, as 
well as more detailed information on topics such as, marital status and 
history, fertility, income, employment, education, health insurance or 
health coverage plans, disability, grandparents as care-givers, and 
military status and history; Housing information--year built, structure 
description, uses, features, amenities, number of rooms, utilities, 
purchase type (e.g., mortgage or deed of trust), and financial 
characteristics (e.g., home value, property taxes, etc.). Records 
collected during the Decennial Census of Population and Housing and its 
pilot censuses may contain information such as: Population 
information--name, address, email address, telephone number (both 
landline and cell phone number), age, sex, race, Hispanic origin, 
relationship, housing tenure, number of persons in the household, 
number of persons in the household not permanent residents, and whether 
residents sometimes live somewhere else. Additionally, records 
collected by the Decennial Census of Population and Housing, the 
American Community Survey, and their cognitive interviews and pilot 
tests may collect other information including: GPS coordinates, IP 
address, mobile device ID, and record identification number. GPS 
coordinates, IP addresses, and mobile device ID may be collected when a 
mobile device is used to respond to the Decennial Census of Population 
and Housing, the American Community Survey, and pilot tests. In 
accordance with 13 U.S.C., Section 6(c), information in the American 
Community Survey and Decennial Census of Population and Housing may, 
under specific circumstances and arrangements, also come from 
administrative records obtained from federal, states, counties, cities, 
or other units of government. Comparable data may also be obtained from 
private persons and commercial sources. For instance, the U.S. Census 
Bureau works with all Federal agencies to obtain counts from their 
records of federally affiliated Americans overseas. The U.S. Census 
Bureau also makes arrangements with certain types of facilities (e.g., 
prisons, long-term care facilities, colleges) to obtain administrative 
records data on individuals when direct enumeration of those people is 
not feasible for safety, health, or other reasons. Additional 
information may be obtained from systems of records notice COMMERCE/
CENSUS-8, Statistical Administrative Records. Pilot censuses, surveys, 
and research study records may contain information on individuals 
similar to that included in the American Community Survey and Decennial 
Census of Population and Housing. Field Representative (FR) and 
interviewer characteristics as well as paradata collected during the 
American Community Survey and the Decennial Census of Population and 
Housing (including data obtained during recordings) are covered under 
SORN COMMERCE/Census-2, Performance Measurement Records.

Authorities for Maintenance of the System
    13 U.S.C., Sections 6 (c), 141 and 193 and (18 U.S.C. 2510-2521).

Purpose(s):
    The purpose of this system is to collect statistical information 
from respondents for the Decennial Census Program, which includes both 
the American Community Survey and the Decennial Census of Population 
and Housing using responses to questions in order to provide key 
social, housing, and economic data for the nation. The American 
Community Survey, the Decennial Census of Population and Housing, and 
pilot census and survey records also are maintained to conduct research 
and analysis with survey and administrative data for projects and to 
undertake methodological evaluations and enhancements by the U.S. 
Census Bureau improving data collection and quality control. Also, 
information collected by the Decennial Census of Population and Housing 
is used to provide official census transcripts of the results to the 
named person(s), their heirs, or legal representatives as described in 
the system of records notice, COMMERCE/CENSUS-6, Population Census 
Personal Service Records for 1910 and All Subsequent Decennial Censuses 
(this does not apply to the American Community Survey and pilot census 
or survey records).

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Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The data 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.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records (including, but not limited to, sound and video files of 
survey and cognitive interviews, and pilot tests) are stored in a 
secure computerized system and on magnetic media; output data will be 
either electronic or paper copies (including transcripts of sound 
files). Paper copies or magnetic media are stored in a secure area 
within a locked drawer or cabinet. Datasets may be accessed only by 
authorized personnel. Control lists will be used to limit access to 
those employees with a need to know; rights will be granted based on 
job functions.

Retrievability:
    Information for the Decennial Census of Population and Housing and 
for the American Community Survey and their pilot tests may be 
retrieved by direct identifiers such as name and address. However, a 
limited number of sworn U.S. Census Bureau staff will be permitted to 
retrieve records containing direct identifiers (such as name or 
address) for authorized purposes. Staff producing final statistical 
products will have access only to data sets from which direct 
identifiers have been deleted and replaced by unique non-identifying 
codes internal to the U.S. Census Bureau.

Safeguards:
    The U.S. Census Bureau is committed to respecting respondent 
privacy and protecting confidentiality. Through the Data Stewardship 
Program, we have implemented management, operational, and technical 
controls and practices to ensure high-level data protection to 
respondents of our census and surveys. (1) An unauthorized browsing 
policy Federal Register/Vol. 77, No. 17/Thursday, January 26, 2012/
Notices protects respondent information from casual or inappropriate 
use by any person with access to Title 13 protected data. (2) All 
employees permitted to access the system are subject to the 
restriction, penalties, and prohibitions of 13 U.S.C. 9 and 214, as 
modified by Title 18 U.S.C. 3551, et seq.; the Privacy Act of 1974 (5 
U.S.C. 552a(b)(4)). (3) All U.S. Census Bureau employees and persons 
with special sworn status will be regularly advised of regulations 
issued pursuant to Title 13 U.S.C. governing the confidentiality of the 
data, and will be required to complete an annual Title 13 awareness 
program. (4) All computer systems that maintain sensitive information 
are in compliance with the Federal Information Security Management Act, 
which includes auditing and controls over access to restricted data. 
(5) The use of unsecured telecommunications to transmit individually 
identifiable information is prohibited. (6) Paper copies that contain 
sensitive information are stored in secure facilities in a locked 
drawer or file cabinet behind a locked door. (7) Additional data files 
containing direct identifiers will be maintained solely for the purpose 
of data collection activities, such as respondent contact and 
preloading an instrument for a continued interview, and will not be 
transferred to, or maintained on, working statistical files. (8) Any 
publications based on this system will be cleared for release under the 
direction of the U.S. Census Bureau's Disclosure Review Board, which 
will confirm that all the required disclosure avoidance procedures have 
been implemented and no information that identifies any individual is 
released.

Retention and Disposal:
    American Community Survey, Decennial Census of Population and 
Housing, and pilot census or survey respondent data, including 
personally identifying data, are generally captured as images suitable 
for computer processing. Original paper data sources are destroyed, 
according to the disposal procedures for Title 13 records, after 
confirmation of successful electronic data capture and data 
transmission of the images to U.S. Census Bureau headquarters. For the 
American Community Survey, personally identifying data are scheduled 
for permanent retention (excluding sound and video files that are 
retained in accordance with the General Records Schedule and U.S. 
Census Bureau records control schedules that are approved by the 
National Archives and Records Administration (NARA).
    For the Decennial Census of Population and Housing, a record of 
individual responses, including all names and other entries provided by 
the respondent, and all associated address and geographic information 
for each housing unit or person living in group quarters is scheduled 
for permanent retention (excluding sound and video files that are 
retained in accordance with the General Records Schedule and U.S. 
Census Bureau records control schedules that are approved by the NARA). 
Pilot and cognitive test data collections, data capture, and data 
processing records are destroyed within two years or when no longer 
needed for U. S. Census Bureau program or evaluation purposes, 
whichever is later. All records are retained in accordance with the 
General Records Schedule and U.S. Census Bureau records control 
schedules that are approved by the NARA (Title 44, U.S.C., Section 
2108).

System Manager(s) and Address:
    Associate Director for Decennial Census, U.S. Census Bureau, 4600 
Silver Hill Road, Washington, DC 20233-8000.
    Associate Director for 2020 Census, U.S. Census Bureau, 4600 Silver 
Hill Road, Washington, DC 20233-8000.

Notification Procedure:
    None.

Record Access Procedures:
    None.

Contesting Record Procedures:
    None.

Record Source Categories:
    Information in the Decennial Census of Population and Housing and 
the American Community Survey may come from administrative records from 
federal, states, counties, cities, or other units of government such 
as: The U.S. Department of Defense and the U.S. Office of Personal 
Management for enumeration of federally affiliated Americans overseas; 
tribal, State, and local governments for service-based enumeration of 
persons without permanent shelter and for address and road updates; the 
Federal Bureau of Prisons for inmate enumeration; the U.S. Postal 
Service for address updates; as well as the Departments of Agriculture, 
Education, Health and Human Services, Homeland Security, Housing and 
Urban Development, Labor, Treasury, Veterans Affairs, the Office of 
Personnel Management, the Social Security Administration, the Selective 
Service System, and the U.S. Postal Service. Comparable data may also 
be obtained from private persons and commercial sources.

Exemptions Claimed for System:
    Pursuant to 5 U.S.C. 552a (k)(4), this system of records is 
exempted from the otherwise applicable notification, access, and 
contest requirements of the

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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 because the data are 
maintained by the U.S. Census Bureau solely as statistical records, as 
required under Title 13 U.S.C., to be used solely as statistical 
records 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.

    Dated: February 10, 2014.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2014-03860 Filed 2-21-14; 8:45 am]
BILLING CODE 3510-07-P