Privacy Act of 1974; System of Records, 52308-52311 [2020-18660]
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
6. A record in this system of records
may be disclosed, as a routine use, to a
contractor of the Department having
need for the information in the
performance of the contract, but not
operating a system of records within the
meaning of 5 U.S.C. 552a(m).
7. A record in this system of records
may be disclosed to approved persons at
the state or interstate level within the
applicable Marine Fisheries
Commission for the purpose of comanaging a fishery or for making
determinations about eligibility for
permits when state data are all or part
of the basis for the permits.
8. A record in this system of records
may be disclosed to the applicable
Fishery Management Council (Council)
staff and contractors tasked with the
development of analyses to support
Council decisions about Fishery
Management Programs.
9. A record in this system of records
may be disclosed to the applicable
NMFS Observer Program for purposes of
identifying current permit owners and
vessels and making a random
assignment of observers to vessels in a
given fishing season.
10. A record in this system of records
may be disclosed to the applicable
regional or international fisheries
management body for the purposes of
identifying current permit owners and
vessels pursuant to applicable statutes
or regulations and/or conservation and
management measures adopted by a
regional or international fisheries
management body, such as: The Food
and Agriculture Organization of the
United Nations, Commission for the
Conservation of Antarctic Marine Living
Resources, Inter-American Tropical
Tuna Commission, International Pacific
Halibut Commission, and International
Commission for the Conservation of
Atlantic Tunas.
11. A record in this system of records
may be disclosed to appropriate
agencies, entities, and persons when (1)
the Department suspects confirmed that
there has been a breach of the system of
records; (2) the Department has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Department (including its information
systems, programs, and operations), the
Federal Government, or national
security; and (3) the disclosure made to
such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
12. A record in this system of records
may be disclosed to another Federal
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agency or Federal entity, when the
Department determines that information
from this system of records is
reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
13. A record in this system of records
may be disclosed to student volunteers,
individuals working under a personal
services contract, and other workers
who technically do not have the status
of Federal employees, when they are
performing work for the Department
and/or its agencies, as authorized by
law, as needed to perform their assigned
Agency functions.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Computerized database; CDs; back-up
files stored on tape, paper records stored
in file folders in locked metal cabinets
and/or locked rooms.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are organized and retrieved
by NMFS internal identification
number, name of entity, permit number,
vessel name or identification number, or
processing plant name. Records can be
accessed by any file element or any
combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
All records are retained and disposed
of in accordance with National Archive
and Records Administration regulations
(36 CFR Chapter XII, Subchapter B—
Records Management); Departmental
directives and comprehensive records
schedules; NOAA Administrative Order
205–01; and the NMFS Records
Disposition Schedule, Chapter 1500.
All electronic information
disseminated by NOAA adheres to the
standards set out in Appendix III,
Security of Automated Information
Resources, OMB Circular A–130; the
Computer Security Act (15 U.S.C. 278g–
3 and 278g–4); and the Government
Information Security Reform Act, Public
Law 106–398; and follows NIST SP
800–18, Guide for Developing Security
Plans for Federal Information Systems;
NIST SP 800–26, Security SelfAssessment Guide for Information
Technology Systems; and NIST SP 800–
53, Recommended Security Controls for
Federal Information Systems.
RECORD ACCESS PROCEDURES:
Requests from individuals should be
addressed to: Assistant Administrator
for Management and Budget, NOAA,
1315 East-West Highway, Silver Spring,
MD 20910.
CONTESTING RECORD PROCEDURES:
The Department’s rules for access, for
contesting contents, and appealing
initial determinations by the individual
concerned appear in 15 CFR part 4b.
Use address cited in Record Access
Procedures above.
NOTIFICATION PROCEDURES:
Requester should provide name
pursuant to the inquiry provisions of the
Department’s rules which appear in 15
CFR part 4b. Use address cited in
Record Access Procedures above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
80 FR 47457, August 7, 2015, Notice
of Proposed Amendment.
Dated: July 21, 2020.
Catrina D. Purvis,
Department of Commerce, Chief Privacy
Officer, Director of Open Government.
[FR Doc. 2020–18659 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–22–P
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DEPARTMENT OF COMMERCE
The system of records is stored in
buildings with doors that are locked
during and after business hours. Visitors
to the facilities must register with
security guards and must be
accompanied by Federal personnel at all
times. Records are stored in a locked
room and/or a locked file cabinet.
Electronic records containing Privacy
Act information are protected by a user
identification/password. The user
identification/password is issued to
individuals as authorized by authorized
personnel.
[Docket No. 200302–0069]
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Privacy Act of 1974; System of
Records
U.S. Department of Commerce,
U.S. Census Bureau.
ACTION: Notice of a modified privacy act
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974, and Office of
Management and Budget (OMB)
Circular A–108, ‘‘Federal Agency
Responsibilities for Review, Reporting,
SUMMARY:
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
and Publication under the Privacy Act,’’
the Department of Commerce
(Department) is issuing this notice of
intent to modify a system of records,
COMMERCE/CENSUS–5, Decennial
Census Programs.
DATES: To be considered, written
comments must be submitted on or
before August 21, 2020. This amended
system of records will become effective
on July 22, 2020, unless the modified
system of records notice needs to be
changed as a result of public comment.
Newly proposed routine uses in the
paragraph entitled ‘‘ROUTINE USES OF
RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES’’ will become effective on July 27,
2020, unless the modified system of
records notice needs to be changed as a
result of public comment.
If the modified system of records
notice needs to be changed, the
Department will publish a subsequent
notice in the Federal Register by
September 5, 2020, stating that the
current system of records will remain in
effect until a revised notice is published
in the Federal Register.
ADDRESSES: Please address comments
to: Byron Crenshaw, Privacy
Compliance Branch, Room 8H021, U.S.
Census Bureau, Washington, DC 20233–
3700 or by email (Byron.Crenshaw@
census.gov).
FOR FURTHER INFORMATION CONTACT:
Chief, Privacy Compliance Branch,
Policy Coordination Office, Room HQ–
8H021, U.S. Census Bureau,
Washington, DC 20233–3700 or by
email (Byron.Crenshaw@census.gov).
SUPPLEMENTARY INFORMATION: This
update makes six program-related
changes. The first proposed change to
program related provisions updates the
location of the system to account for
records temporarily stored in the
Amazon Web Services (AWS), a Federal
Risk and Authorization Management
Program (FedRAMP) approved cloud
service provider (CSP), which is an
external hosting infrastructure and
platform-as-a-service. FedRAMP is a
government-wide program that provides
a standardized approach to security
assessment, authorization, and
continuous monitoring for cloud
products and services. The AWS CSP
will maintain decennial census records
(including testing information) during
decennial census operations; no records
that are a part of the U.S. Census Bureau
(Census Bureau) American Community
Survey (as described more fully in
‘‘Purpose(s) of the System’’ below)
records will be maintained by the CSP.
The second proposed change updates
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the authorities to remove the antiwiretapping law. The third proposed
change updates the categories of
individuals to include subjects of tests,
focus groups, and cognitive interviews.
The fourth proposed change updates the
categories of records to provide new
detail regarding the information that
may be contained in the population
information category, including
citizenship, date of birth, ethnicity, and
number of weeks worked, etc.; and, in
the housing information category,
including data on amenities and
utilities, home ownership, and number
of vehicles kept or used, etc. Note that
the Decennial Census of Population and
Housing (the Decennial Census) does
not collect citizenship information from
respondents; for this system of records;
only the ACS collects citizenship
information from respondents. The fifth
proposed change clarifies the record
source categories to include direct
responses of individuals in surveys,
censuses, focus groups, cognitive
interviews, and tests and comparable
data that may be obtained from records
covered by COMMERCE/CENSUS–8,
Statistical Administrative Records
System, including data from third-party
entities. The sixth proposed change
updates the policies and practices for
storing the records to include temporary
storage by the cloud service provider
during decennial census operations.
This amendment also provides minor
administrative updates, including nonsubstantive changes to the description
of routine uses of records maintained in
the system. This notice does not contain
any newly proposed or significantly
modified routine uses.
The changes are being made in
accordance with OMB Circular A–108
which requires agencies to periodically
review systems of records notices for
accuracy and completeness, paying
special attention to changes in the
manner in which records are organized,
indexed, or retrieved that results in a
change in the nature or scope of these
records; and, the Privacy Act which
requires agencies to publish in the
Federal Register a notice that describes
the changes to the system of records.
The Privacy Act also requires each
agency that proposes to establish or
significantly modify a system of records
to provide adequate advance notice of
any such proposal to the OMB, the
Committee on Oversight and
Government Reform of the House of
Representatives, and the Committee on
Homeland Security and Governmental
Affairs of the Senate (5 U.S.C 552a(r)).
Significant modifications include
adding a new routine use. The purpose
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52309
of providing the advance notice to OMB
and Congress is to permit an evaluation
of the potential effect of the proposal on
the privacy and other rights of
individuals. The Department filed a
report describing the modified system of
records covered by this notice with the
Chair of the Senate Committee on
Homeland Security and Governmental
Affairs, the Chair of the House
Committee on Oversight and
Government Reform, and the Deputy
Administrator of the Office of
Information and Regulatory Affairs,
OMB on May 18, 2020.
SYSTEM NAME AND NUMBER:
COMMERCE/CENSUS–5, Decennial
Census Programs.
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; and at Amazon
Web Services (AWS), located at 410
Terry Ave. N, Seattle, WA 98109.
SYSTEM MANAGER(S):
Associate Director for Decennial
Census Programs, U.S. Census Bureau,
4600 Silver Hill Road, Washington, DC
20233–8000.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
13 U.S.C. 6(c), 141 and 193.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
collect statistical information from
respondents for Decennial Census
Programs using responses to questions
in order to provide key social, housing,
and economic data for the nation. This
system of records for Decennial Census
Programs records is comprised of the
Decennial Census of Population and
Housing (the Decennial Census) records
and American Community Survey
(ACS) records. The primary uses of ACS
data include: Supporting the federal
government in administration of
programs; providing public officials,
planners, and entrepreneurs with
information they can use to assess the
past and plan for the future; providing
information for community planning for
hospitals and schools, supporting
school lunch programs, improving
emergency services, building bridges;
and, informing businesses looking to
add jobs and expand to new markets.
The primary uses of decennial census
data include: Apportioning the
representation among states as
mandated by Article I, Section 2 of the
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
United States Constitution; drawing
congressional and state legislative
districts, school districts and voting
precincts; enforcing voting rights and
civil rights legislation; providing data
for federal, state, local and tribal
governments to use in distributing
federal dollars to states; informing
federal, tribal, state, and local
government planning decisions;
informing business and nonprofit
organization decisions (e.g., where to
locate and size of the market); and,
providing population benchmarks for
nearly every other U.S. survey. Census
and survey records from the Decennial
Census Programs are also maintained to
conduct research and analysis with
survey and administrative data for
projects and to undertake
methodological evaluations and
enhancements by the Census Bureau to
improve data collection and quality
control. Also, information collected by
the decennial census is used to provide
official census transcripts of the results
to the named person(s), their heirs, or
legal representatives as described in
COMMERCE/CENSUS–6, Population
Census Personal Service Records for
1910 and All Subsequent Decennial
Censuses (this does not apply to the
ACS and test census or survey records).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
All individuals responding to
Decennial Census Programs, which
include the ongoing ACS, the Decennial
Census, as well as the test censuses,
focus groups, cognitive interviews and
surveys related to the ACS and the
Decennial Census, are covered by the
system. Participation in Decennial
Census Programs is mandatory. Data
collected directly from respondents may
be supplemented with data from
administrative record files received
from other federal, state, or local
agencies, and third-party entities (e.g.,
commercial sources) collected and
processed under COMMERCE/
CENSUS–8, Statistical Administrative
Records System. Please see
COMMERCE/CENSUS–8, Statistical
Administrative Records System for more
information.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records collected by the ACS and its
test surveys contains information such
as: Population information—name,
address, email address, telephone
number (both landline and cell phone
number), age, sex, race, date of birth,
Hispanic origin, ethnicity, relationships,
housing tenure, number of persons in
the household, as well as more detailed
information on topics such as marital
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status and history, fertility, income and
sources, employment and history (e.g.,
number of weeks worked), citizenship,
education, transportation type, health
insurance or health coverage plans,
disability, grandparents as care-givers,
military status and history, etc.; Housing
information—year built, structure
description, uses, features, amenities,
number of rooms, utilities including
type of fuel, purchase type (e.g.,
mortgage or deed of trust), number of
vehicles kept or used, and financial
characteristics (e.g., ownership, home
value, property taxes).
Records collected during the
Decennial Census and its test 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. Note that the Decennial
Census of Population and Housing (the
Decennial Census) does not collect
citizenship information from
respondents. In accordance with 13
U.S.C 6(c), information in the Decennial
Census Programs may, under specific
circumstances and arrangements, also
come from administrative records
obtained from federal, states, counties,
cities, or other units of government. For
instance, the Census Bureau works with
all Federal agencies to obtain counts
from their records of Federally affiliated
persons living overseas. The 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. Please see
COMMERCE/CENSUS–8, Statistical
Administrative Records for more
information. Test censuses, surveys, and
research study records may contain
information on individuals similar to
that included in the ACS and Decennial
Census. Field Representative and
interviewer characteristics as well as
paradata collected during the Decennial
Census Programs (including data
obtained during recordings) may also be
collected. Paradata maintained in this
system of records includes: Method of
interview; time and date stamps; deleted
changes; audit trail and trace files; item
non-response, refusals, and don’t know
responses; Global Positioning System
coordinates; all internet paradata,
including internet Protocol address;
mobile device identification, etc.
RECORD SOURCE CATEGORIES:
In general, the records in this system
come from the subject individuals
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covered by Census Bureau decennial
censuses and the ACS as well as
subjects from tests, focus groups, and
cognitive interviews. Data collected
directly from respondents may be
supplemented with information from
administrative records for person-level
characteristics or address updates
obtained from federal, states, counties,
cities, or other units of. Please see
COMMERCE/CENSUS–8, Statistical
Administrative Records System for more
information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
There are no routine uses for the
COMMERCE/CENSUS–5, Decennial
Census Programs. Access to records
maintained in the system is restricted to
Census Bureau employees and certain
individuals authorized by Title 13, U.S.
Code (designated as Special Sworn
Status individuals). Although there are
no routine uses for the COMMERCE/
CENSUS–5, Decennial Census
Programs, access to records maintained
in the system is restricted to Census
Bureau employees and certain
individuals authorized by Title 13, U.S.
Code (designated as Special Sworn
Status individuals). These individuals
are subject to the same confidentiality
requirements as regular Census Bureau
employees.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
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. Decennial Census records
may also be stored at the AWS cloud
service provider (CSP). The AWS CSP
will maintain Decennial Census records
(including testing information) during
decennial census operations; no ACS
records will be maintained by the AWS
CSP. The AWS CSP has no access to
Decennial Census records including
incidental access. After decennial
operations, the records maintained by
the AWS CSP will be archived at the
Census Bureau.
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information collected by the
Decennial Census Programs may be
retrieved by direct identifiers such as
name and address. However, only a
limited number of sworn Census Bureau
staff will be permitted to retrieve
records containing direct identifiers for
authorized work-related 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 Census Bureau.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
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Respondent data collected through
the Decennial Census Programs,
including personally identifiable data,
are in some cases captured as images
suitable for computer processing.
Original paper data sources are
destroyed, according to the record
disposal procedures, after confirmation
of successful electronic data capture and
secure data transmission of the images
to Census Bureau headquarters. For the
ACS, personally identifiable data are
scheduled for permanent retention
(excluding sound and video files) in
accordance with the General Records
Schedule and Census Bureau records
control schedules that are approved by
NARA. For the Decennial Census, 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 are
scheduled for permanent retention
(excluding sound and video files that
are retained in accordance with the
General Records Schedule and 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 when two years old or when
no longer needed for Census Bureau
program or evaluation purposes,
whichever is later. Unless otherwise
specified, all records are retained in
accordance with the General Records
Schedule and Census Bureau records
control schedules that are approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The Census Bureau is committed to
respecting respondent privacy and
protecting confidentiality. Through the
Data Stewardship Program, the Census
Bureau has implemented management,
operational, and technical controls and
practices to ensure high-level data
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protection to respondents of our
censuses and surveys.
(1) A policy against unauthorized
browsing protects respondent
information from casual or
inappropriate use by any person with
access to Census Bureau data.
Unauthorized browsing is defined as the
act of searching or looking through, for
other than work-related purposes,
protected personal or business-related
information that directly or indirectly
identifies individual persons or
businesses. Unauthorized browsing is
prohibited.
(2) All Census Bureau employees and
persons with Special Sworn Status
permitted to access the system are
subject to the restrictions, penalties, and
prohibitions of 13 U.S.C. 9 and 214, as
modified by 18 U.S.C. 3551 et seq.; and
provisions of the Privacy Act, as
applicable. Employees of FedRAMPapproved cloud service providers do not
have access to Census Bureau data
maintained in this system of records.
The Census Bureau’s security measures
ensure that only a restricted number of
authorized people have access to Title
13 information and that access is only
granted to conduct our work and for no
other purposes. Every person who
works with the confidential information
collected by the Census Bureau is sworn
for life to uphold the law.
(3) All Census Bureau employees and
persons with Special Sworn Status will
be regularly advised of regulations
governing the confidentiality of the data
and will be required to complete an
annual Data Stewardship Awareness
program.
(4) All Census Bureau and FedRAMPapproved computer systems that
maintain sensitive information are in
compliance with the Federal
Information Security Management Act,
as amended (44 U.S.C. 3551–3559),
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 Census Bureau’s
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52311
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.
RECORD ACCESS PROCEDURES:
None.
CONTESTING RECORD PROCEDURES:
None.
NOTIFICATION PROCEDURES:
None.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(4), this
system of records is exempted from
subsections (c)(3); (d); (e)(l); (e)(4)(G),
(H), and (I); and (t) of the Privacy Act.
These subsections include, but are not
limited to, certain requirements
concerning notification, access, and
contest procedures. This exemption is
applicable because the data are
maintained by the Census Bureau solely
as statistical records, as required under
Title 13, 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
15 CFR part 4 subpart B.
HISTORY:
81 FR 76557, November 3, 2016,
Notice of Amendment of Privacy Act
System of Records.
Dated: July 21, 2020.
Catrina D. Purvis,
Department of Commerce, Chief Privacy
Officer, Director of Open Government.
[FR Doc. 2020–18660 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–26–2020]
Foreign-Trade Zone (FTZ) 116—Port
Arthur, Texas; Authorization of
Production Activity; Golden Pass LNG
Terminal, LLC (Liquified Natural Gas
Processing), Port Arthur, Texas
On April 21, 2020, Golden Pass LNG
Terminal, LLC submitted a notification
of proposed production activity to the
FTZ Board for its facility within FTZ
116, in Port Arthur, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (85 FR 27206, May 7,
2020). On August 19, 2020, the
applicant was notified of the FTZ
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]]>Agencies
[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52308-52311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18660]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[Docket No. 200302-0069]
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Commerce, U.S. Census Bureau.
ACTION: Notice of a modified privacy act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, and Office of
Management and Budget (OMB) Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting,
[[Page 52309]]
and Publication under the Privacy Act,'' the Department of Commerce
(Department) is issuing this notice of intent to modify a system of
records, COMMERCE/CENSUS-5, Decennial Census Programs.
DATES: To be considered, written comments must be submitted on or
before August 21, 2020. This amended system of records will become
effective on July 22, 2020, unless the modified system of records
notice needs to be changed as a result of public comment.
Newly proposed routine uses in the paragraph entitled ``ROUTINE
USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS
AND PURPOSES OF SUCH USES'' will become effective on July 27, 2020,
unless the modified system of records notice needs to be changed as a
result of public comment.
If the modified system of records notice needs to be changed, the
Department will publish a subsequent notice in the Federal Register by
September 5, 2020, stating that the current system of records will
remain in effect until a revised notice is published in the Federal
Register.
ADDRESSES: Please address comments to: Byron Crenshaw, Privacy
Compliance Branch, Room 8H021, U.S. Census Bureau, Washington, DC
20233-3700 or by email ([email protected]).
FOR FURTHER INFORMATION CONTACT: Chief, Privacy Compliance Branch,
Policy Coordination Office, Room HQ-8H021, U.S. Census Bureau,
Washington, DC 20233-3700 or by email ([email protected]).
SUPPLEMENTARY INFORMATION: This update makes six program-related
changes. The first proposed change to program related provisions
updates the location of the system to account for records temporarily
stored in the Amazon Web Services (AWS), a Federal Risk and
Authorization Management Program (FedRAMP) approved cloud service
provider (CSP), which is an external hosting infrastructure and
platform-as-a-service. FedRAMP is a government-wide program that
provides a standardized approach to security assessment, authorization,
and continuous monitoring for cloud products and services. The AWS CSP
will maintain decennial census records (including testing information)
during decennial census operations; no records that are a part of the
U.S. Census Bureau (Census Bureau) American Community Survey (as
described more fully in ``Purpose(s) of the System'' below) records
will be maintained by the CSP. The second proposed change updates the
authorities to remove the anti-wiretapping law. The third proposed
change updates the categories of individuals to include subjects of
tests, focus groups, and cognitive interviews. The fourth proposed
change updates the categories of records to provide new detail
regarding the information that may be contained in the population
information category, including citizenship, date of birth, ethnicity,
and number of weeks worked, etc.; and, in the housing information
category, including data on amenities and utilities, home ownership,
and number of vehicles kept or used, etc. Note that the Decennial
Census of Population and Housing (the Decennial Census) does not
collect citizenship information from respondents; for this system of
records; only the ACS collects citizenship information from
respondents. The fifth proposed change clarifies the record source
categories to include direct responses of individuals in surveys,
censuses, focus groups, cognitive interviews, and tests and comparable
data that may be obtained from records covered by COMMERCE/CENSUS-8,
Statistical Administrative Records System, including data from third-
party entities. The sixth proposed change updates the policies and
practices for storing the records to include temporary storage by the
cloud service provider during decennial census operations. This
amendment also provides minor administrative updates, including non-
substantive changes to the description of routine uses of records
maintained in the system. This notice does not contain any newly
proposed or significantly modified routine uses.
The changes are being made in accordance with OMB Circular A-108
which requires agencies to periodically review systems of records
notices for accuracy and completeness, paying special attention to
changes in the manner in which records are organized, indexed, or
retrieved that results in a change in the nature or scope of these
records; and, the Privacy Act which requires agencies to publish in the
Federal Register a notice that describes the changes to the system of
records. The Privacy Act also requires each agency that proposes to
establish or significantly modify a system of records to provide
adequate advance notice of any such proposal to the OMB, the Committee
on Oversight and Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate (5 U.S.C 552a(r)). Significant modifications include adding a
new routine use. The purpose of providing the advance notice to OMB and
Congress is to permit an evaluation of the potential effect of the
proposal on the privacy and other rights of individuals. The Department
filed a report describing the modified system of records covered by
this notice with the Chair of the Senate Committee on Homeland Security
and Governmental Affairs, the Chair of the House Committee on Oversight
and Government Reform, and the Deputy Administrator of the Office of
Information and Regulatory Affairs, OMB on May 18, 2020.
SYSTEM NAME AND NUMBER:
COMMERCE/CENSUS-5, Decennial Census Programs.
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; and at Amazon Web Services (AWS),
located at 410 Terry Ave. N, Seattle, WA 98109.
SYSTEM MANAGER(S):
Associate Director for Decennial Census Programs, U.S. Census
Bureau, 4600 Silver Hill Road, Washington, DC 20233-8000.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
13 U.S.C. 6(c), 141 and 193.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to collect statistical information
from respondents for Decennial Census Programs using responses to
questions in order to provide key social, housing, and economic data
for the nation. This system of records for Decennial Census Programs
records is comprised of the Decennial Census of Population and Housing
(the Decennial Census) records and American Community Survey (ACS)
records. The primary uses of ACS data include: Supporting the federal
government in administration of programs; providing public officials,
planners, and entrepreneurs with information they can use to assess the
past and plan for the future; providing information for community
planning for hospitals and schools, supporting school lunch programs,
improving emergency services, building bridges; and, informing
businesses looking to add jobs and expand to new markets. The primary
uses of decennial census data include: Apportioning the representation
among states as mandated by Article I, Section 2 of the
[[Page 52310]]
United States Constitution; drawing congressional and state legislative
districts, school districts and voting precincts; enforcing voting
rights and civil rights legislation; providing data for federal, state,
local and tribal governments to use in distributing federal dollars to
states; informing federal, tribal, state, and local government planning
decisions; informing business and nonprofit organization decisions
(e.g., where to locate and size of the market); and, providing
population benchmarks for nearly every other U.S. survey. Census and
survey records from the Decennial Census Programs are also maintained
to conduct research and analysis with survey and administrative data
for projects and to undertake methodological evaluations and
enhancements by the Census Bureau to improve data collection and
quality control. Also, information collected by the decennial census is
used to provide official census transcripts of the results to the named
person(s), their heirs, or legal representatives as described in
COMMERCE/CENSUS-6, Population Census Personal Service Records for 1910
and All Subsequent Decennial Censuses (this does not apply to the ACS
and test census or survey records).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All individuals responding to Decennial Census Programs, which
include the ongoing ACS, the Decennial Census, as well as the test
censuses, focus groups, cognitive interviews and surveys related to the
ACS and the Decennial Census, are covered by the system. Participation
in Decennial Census Programs is mandatory. Data collected directly from
respondents may be supplemented with data from administrative record
files received from other federal, state, or local agencies, and third-
party entities (e.g., commercial sources) collected and processed under
COMMERCE/CENSUS-8, Statistical Administrative Records System. Please
see COMMERCE/CENSUS-8, Statistical Administrative Records System for
more information.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records collected by the ACS and its test surveys contains
information such as: Population information--name, address, email
address, telephone number (both landline and cell phone number), age,
sex, race, date of birth, Hispanic origin, ethnicity, 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 and sources, employment and history (e.g., number of
weeks worked), citizenship, education, transportation type, health
insurance or health coverage plans, disability, grandparents as care-
givers, military status and history, etc.; Housing information--year
built, structure description, uses, features, amenities, number of
rooms, utilities including type of fuel, purchase type (e.g., mortgage
or deed of trust), number of vehicles kept or used, and financial
characteristics (e.g., ownership, home value, property taxes).
Records collected during the Decennial Census and its test 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. Note that the Decennial Census of
Population and Housing (the Decennial Census) does not collect
citizenship information from respondents. In accordance with 13 U.S.C
6(c), information in the Decennial Census Programs may, under specific
circumstances and arrangements, also come from administrative records
obtained from federal, states, counties, cities, or other units of
government. For instance, the Census Bureau works with all Federal
agencies to obtain counts from their records of Federally affiliated
persons living overseas. The 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. Please see COMMERCE/CENSUS-8, Statistical
Administrative Records for more information. Test censuses, surveys,
and research study records may contain information on individuals
similar to that included in the ACS and Decennial Census. Field
Representative and interviewer characteristics as well as paradata
collected during the Decennial Census Programs (including data obtained
during recordings) may also be collected. Paradata maintained in this
system of records includes: Method of interview; time and date stamps;
deleted changes; audit trail and trace files; item non-response,
refusals, and don't know responses; Global Positioning System
coordinates; all internet paradata, including internet Protocol
address; mobile device identification, etc.
RECORD SOURCE CATEGORIES:
In general, the records in this system come from the subject
individuals covered by Census Bureau decennial censuses and the ACS as
well as subjects from tests, focus groups, and cognitive interviews.
Data collected directly from respondents may be supplemented with
information from administrative records for person-level
characteristics or address updates obtained from federal, states,
counties, cities, or other units of. Please see COMMERCE/CENSUS-8,
Statistical Administrative Records System for more information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
There are no routine uses for the COMMERCE/CENSUS-5, Decennial
Census Programs. Access to records maintained in the system is
restricted to Census Bureau employees and certain individuals
authorized by Title 13, U.S. Code (designated as Special Sworn Status
individuals). Although there are no routine uses for the COMMERCE/
CENSUS-5, Decennial Census Programs, access to records maintained in
the system is restricted to Census Bureau employees and certain
individuals authorized by Title 13, U.S. Code (designated as Special
Sworn Status individuals). These individuals are subject to the same
confidentiality requirements as regular Census Bureau employees.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
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. Decennial Census records may also be stored at the AWS
cloud service provider (CSP). The AWS CSP will maintain Decennial
Census records (including testing information) during decennial census
operations; no ACS records will be maintained by the AWS CSP. The AWS
CSP has no access to Decennial Census records including incidental
access. After decennial operations, the records maintained by the AWS
CSP will be archived at the Census Bureau.
[[Page 52311]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information collected by the Decennial Census Programs may be
retrieved by direct identifiers such as name and address. However, only
a limited number of sworn Census Bureau staff will be permitted to
retrieve records containing direct identifiers for authorized work-
related 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
Census Bureau.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Respondent data collected through the Decennial Census Programs,
including personally identifiable data, are in some cases captured as
images suitable for computer processing. Original paper data sources
are destroyed, according to the record disposal procedures, after
confirmation of successful electronic data capture and secure data
transmission of the images to Census Bureau headquarters. For the ACS,
personally identifiable data are scheduled for permanent retention
(excluding sound and video files) in accordance with the General
Records Schedule and Census Bureau records control schedules that are
approved by NARA. For the Decennial Census, 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 are scheduled for
permanent retention (excluding sound and video files that are retained
in accordance with the General Records Schedule and 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 when two years old or when no longer needed for
Census Bureau program or evaluation purposes, whichever is later.
Unless otherwise specified, all records are retained in accordance with
the General Records Schedule and Census Bureau records control
schedules that are approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The Census Bureau is committed to respecting respondent privacy and
protecting confidentiality. Through the Data Stewardship Program, the
Census Bureau has implemented management, operational, and technical
controls and practices to ensure high-level data protection to
respondents of our censuses and surveys.
(1) A policy against unauthorized browsing protects respondent
information from casual or inappropriate use by any person with access
to Census Bureau data. Unauthorized browsing is defined as the act of
searching or looking through, for other than work-related purposes,
protected personal or business-related information that directly or
indirectly identifies individual persons or businesses. Unauthorized
browsing is prohibited.
(2) All Census Bureau employees and persons with Special Sworn
Status permitted to access the system are subject to the restrictions,
penalties, and prohibitions of 13 U.S.C. 9 and 214, as modified by 18
U.S.C. 3551 et seq.; and provisions of the Privacy Act, as applicable.
Employees of FedRAMP-approved cloud service providers do not have
access to Census Bureau data maintained in this system of records. The
Census Bureau's security measures ensure that only a restricted number
of authorized people have access to Title 13 information and that
access is only granted to conduct our work and for no other purposes.
Every person who works with the confidential information collected by
the Census Bureau is sworn for life to uphold the law.
(3) All Census Bureau employees and persons with Special Sworn
Status will be regularly advised of regulations governing the
confidentiality of the data and will be required to complete an annual
Data Stewardship Awareness program.
(4) All Census Bureau and FedRAMP-approved computer systems that
maintain sensitive information are in compliance with the Federal
Information Security Management Act, as amended (44 U.S.C. 3551-3559),
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 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.
RECORD ACCESS PROCEDURES:
None.
CONTESTING RECORD PROCEDURES:
None.
NOTIFICATION PROCEDURES:
None.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(4), this system of records is exempted
from subsections (c)(3); (d); (e)(l); (e)(4)(G), (H), and (I); and (t)
of the Privacy Act. These subsections include, but are not limited to,
certain requirements concerning notification, access, and contest
procedures. This exemption is applicable because the data are
maintained by the Census Bureau solely as statistical records, as
required under Title 13, 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 15
CFR part 4 subpart B.
HISTORY:
81 FR 76557, November 3, 2016, Notice of Amendment of Privacy Act
System of Records.
Dated: July 21, 2020.
Catrina D. Purvis,
Department of Commerce, Chief Privacy Officer, Director of Open
Government.
[FR Doc. 2020-18660 Filed 8-24-20; 8:45 am]
BILLING CODE 3510-07-P
