81 FR 76557 - Privacy Act of 1974, Amended System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 81, Issue 213 (November 3, 2016)

In accordance with the Privacy Act of 1974, as amended, and Office of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' the Department of Commerce (Department) is issuing a notice of intent to amend the system of records under COMMERCE/CENSUS- 5, Decennial Census Programs. This amendment would update: The location of the records covered by the system of records; the categories of individuals and records covered by the system of records; the routine uses; the purpose; the system manager and address; and the policies and practices for storage and safeguarding the system of records. This amendment also makes other minor administrative updates. Accordingly, the COMMERCE/CENSUS-5, Decennial Census Program notice published in the Federal Register on February 24, 2014 (79 FR 10090), is amended as below. We invite public comment on the system amendment announced in this publication.

[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76557-76560]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26516]


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DEPARTMENT OF COMMERCE

[Docket No. 160616531-6531-01]


Privacy Act of 1974, Amended System of Records

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

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

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, and 
Office of Management and Budget (OMB) Circular A-130, Appendix I, 
``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' the Department of Commerce (Department) is issuing a 
notice of intent to amend the system of records under COMMERCE/CENSUS-
5, Decennial Census Programs. This amendment would update: The location 
of the records covered by the system of records; the categories of 
individuals and records covered by the system of records; the routine 
uses; the purpose; the system manager and address; and the policies and 
practices for storage and safeguarding the system of records. This 
amendment also makes other minor administrative updates. Accordingly, 
the COMMERCE/CENSUS-5, Decennial Census Program notice published in the 
Federal Register on February 24, 2014 (79 FR 10090), is amended as 
below. We invite public comment on the system amendment announced in 
this publication.

DATES: To be considered, written comments must be submitted on or 
before December 5, 2016. Unless comments are received, the amended 
system of records will become effective as proposed on December 13, 
2016. If comments are received, the Department will publish a 
subsequent notice in the Federal Register within 10 days after the 
comment period closes, stating that the current system of records will 
remain in effect until publication of a final action 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.

SUPPLEMENTARY INFORMATION: This update makes eight program-related 
changes. The first of eight proposed changes to program-related 
provisions updates the location of the system to account for records 
maintained by a Federal Risk and Authorization Management Program 
(FedRAMP)-approved cloud service provider. FedRAMP is a government-wide 
program that provides a standardized approach to security assessment, 
authorization, and continuous monitoring for cloud products and 
services. The second proposed change clarifies the categories of 
individuals covered by the system. The third proposed change updates 
the categories of records regarding Decennial Census records and 
clarifies the collection of paradata. Census Bureau employee 
characteristics and auxiliary data known as paradata also collected 
during census and survey interviews, pilot tests, and cognitive 
interviews, are collected under Title 13, U.S.C. and are covered under 
this Systems of Record Notice (SORN). Paradata covered under Title 5, 
U.S.C. are covered under SORN COMMERCE/Census-2, Performance 
Measurement Records. The fourth proposed change updates the routine 
uses. The fifth proposed change updates the purpose of the system to 
provide additional information and detail. The sixth proposed change 
updates the policies and practices for storing the records to include 
storage by a cloud service provider. The seventh proposed change 
updates the policies and practices for safeguarding the records in the 
system. The eighth proposed change updates the system manager and 
address. This amendment also provides minor administrative updates. The 
entire resulting system of records notice, as amended, appears below.
COMMERCE/CENSUS-5

System Name:
    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 a FedRAMP-approved cloud 
services facility.

Categories of Individuals Covered by the System:
    All persons surveyed during the Decennial Census Programs, which 
include the ongoing American Community Survey (ACS), the Decennial 
Census of Population and Housing (the Decennial Census), as well as 
persons participating in the pilot census and survey tests of 
procedures 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

[[Page 76558]]

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 Decennial Census Programs 
(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 ACS and its pilot surveys may contain 
information such as: Population information--name, address, email 
address, telephone number (both landline and cell phone 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 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. 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. 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 ACS and Decennial Census. 
FR and interviewer characteristics as well as paradata collected during 
the Decennial Census Programs (including data obtained during 
recordings) may also be collected. Paradata fall into two categories: 
(1) Paradata protected by Title 13, U.S.C. (``Title 13''), which are 
covered under this SORN (e.g., method of interview; time and date 
stamps; deleted changes; audit trail and trace files; item non-
response, refusals, and don't know responses; all Internet paradata, 
including Internet Protocol (IP) address; Global Positioning System 
(GPS) coordinates; mobile device ID; etc.) and (2) paradata protected 
by Title 5, U.S.C. (``Title 5''), which are covered under SORN Census-
2, Performance Measurement Records (e.g., hours worked on a case, miles 
driven on a case, survey response rates, cost information, hourly rates 
for field staff, FR codes, control numbers, login hours, etc.).

Authorities for Maintenance of the System:
    13 U.S.C. 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 Programs using responses to 
questions in order to provide key social, housing, and economic data 
for the nation. 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, and 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 1, Section 2 of the 
United States Constitution; drawing congressional and state legislative 
districts, school districts and voting precincts; enforcing voting 
rights and civil rights legislation; 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, size of the market); and providing population 
benchmarks for nearly every other United States survey. 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 
U.S. Census Bureau improving 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 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 ACS and pilot census or survey records).

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Access to records maintained in the system is restricted to Census 
Bureau employees and individuals with Special Sworn Status, as defined 
in Title 13 of the United States Code.

Disclosure to Consumer Reporting Agencies:
    None.
    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. Records may also be stored by or at a secure FedRAMP-
approved cloud service provider or facility. FedRAMP is a government-
wide program that provides a standardized approach to security 
assessment, authorization, and continuous monitoring for cloud products 
and services.

[[Page 76559]]

Retrievability:
    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 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 censuses and surveys.
     A policy against unauthorized policy protects respondent 
information from casual or inappropriate use by any person with access 
to Title 13 protected 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.
     All Census Bureau employees and persons with special sworn 
status permitted to access the system are subject to the restriction, 
penalties, and prohibitions of 13 U.S.C. 9 and 214, as modified by 18 
U.S.C. 3551 et seq.; the Privacy Act of 1974 (5 U.S.C. 552a(b)(4)). 
Employees of FedRAMP-approved cloud service providers do not have 
access to Title 13 protected data covered by this system of records. 
The U.S. Census Bureau's security measures ensure that only a 
restricted number of authorized people have access to Title 13 
protected information and that access is only granted to conduct our 
work and for no other purposes. Every person who works with the census 
confidential information collected by the U.S. Census Bureau is sworn 
for life to uphold the law.
     All U.S. Census Bureau employees and persons with special 
sworn status will be regularly advised of regulations issued pursuant 
to Title 13 governing the confidentiality of the data, and will be 
required to complete an annual Data Stewardship Awareness program.
     All U.S. Census Bureau and FedRAMP-approved 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. The FedRAMP is a 
government-wide program that provides a standardized approach to 
security assessment, authorization, and continuous monitoring for cloud 
products and services.
     The use of unsecured telecommunications to transmit 
individually identifiable information is prohibited.
     Paper copies that contain sensitive information are stored 
in secure facilities in a locked drawer or file cabinet behind a locked 
door.
     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.
     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:
    Respondent data collected through the Decennial Census Programs, 
including personally identifying data, are in some cases 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 ACS, 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, 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 when two years old 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 (44 U.S.C. 2108).

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

Notification Procedure:
    None.

Record Access Procedure:
    None.

Contesting Record Procedure:
    None.

Record Source Categories:
    Information in the Decennial Census Programs 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 agency procedures (under 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G)-(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, 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

[[Page 76560]]

accordance with 15 CFR part 4 subpart B.

Michael J. Toland,
Department of Commerce, Deputy Chief FOIA Officer, Department Privacy 
Act Officer.
[FR Doc. 2016-26516 Filed 11-2-16; 8:45 am]
BILLING CODE 3510-DT-P