[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13076-13079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5943]
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DEPARTMENT OF COMMERCE
[Docket No. 100226117-0125-01]
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-10 and 5, combining the American Community Survey, and the
Population and Housing Census Records of the 2000 Census Including
Preliminary Statistics for the 2010 Decennial Census, into the
COMMERCE/CENSUS-5, Decennial Census Program.
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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
[[Page 13077]]
Department of Commerce is issuing notice of intent to update the system
of records titled COMMERCE/CENSUS-5, Population and Housing Census
Records of the 2000 Census Including Preliminary Statistics for the
2010 Decennial Census, by combining the system of records under
COMMERCE/CENSUS-10 American Community Survey with the updated COMMERCE/
CENSUS-5 Population and Housing Census Records of the 2000 Census
Including Preliminary Statistics for the 2010 Decennial Census system
and renaming the newly combined system notice to COMMERCE/CENSUS-5,
Decennial Census Program. Accordingly, the COMMERCE/CENSUS-5,
Population and Housing Census Records of the 2000 Census Including
Preliminary Statistics for the 2010 Decennial Census system notice
published in the Federal Register on February 21, 2006 (71 FR 8839) is
amended as below. The system of records entitled COMMERCE/CENSUS-10,
American Community Survey, published in the Federal Register on January
17, 2007 (72 FR1979), will be abolished upon final publication of the
Federal Register notice for the newly amended and renamed system of
records entitled COMMERCE/CENSUS-5, Decennial Census Program. We invite
public comment on the system amendment announced in this publication.
DATES: Comment Date: To be considered, written comments on the proposed
amended system must be submitted on or before April 19, 2010.
Effective Date: Unless comments dictate otherwise, the amendments
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: Delete and replace with the following
language: ``This amendment combines two systems into one, thereby
integrating the mandatory data collections required for the decennial
census program. This includes the detailed characteristics information
now collected on an ongoing basis by the American Community Survey as
well as the decennial collection of the basic characteristics
information required for apportionment and redistricting counts.
Therefore, this amendment updates the purpose of the system, categories
of records in the system, policies and practices for retrieving,
retaining, and disposing of records in the system, and other
administrative information. This system is renamed ``Decennial Census
Program'' and includes the information collected by the American
Community Survey, as well as information collected during the Decennial
Census of Population and Housing. The American Community Survey is an
ongoing survey with an annual sample of approximately 3 million
residential addresses in the U.S.; approximately 36,000 residential
addresses in Puerto Rico; approximately 20,000 group quarters
facilities in the U.S.; and approximately 100 group quarters facilities
in Puerto Rico. The Decennial Census of Population and Housing is one
of the few federal activities for which authority rests in the
Constitution (Article 1, Section 2). Decennial census data collection
processes touch the lives of every person in the United States.
Decennial census data products provide the basis for apportioning among
the states the seats in the U.S. House of Representatives, for
developing the districts that members of Congress, state legislators,
and other elected individuals represent, for the distribution of
billions of dollars each year to governmental entities at all levels,
and for untold numbers of governmental and business decisions.
As an example of the scope of the Decennial Census of Population
and Housing, in 2010, the Census Bureau will be contacting over 130
million addresses in order to enumerate over 300 million people in an
increasingly more complex demographic and technological environment.
The Census Bureau conducts a census of population and housing, and
disseminates the data to the President, the states, and to the American
people. The 2010 Census will cover the 50 states, the District of
Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the
Northern Mariana Islands, Guam, the Pacific Island Area of American
Samoa, and Federally-Affiliated Americans Overseas. The Census Day for
the 2010 Census will be April 1, 2010, have a boundary reference date
of January 1, 2010, apportionment counts will be delivered to the
President by December 31, 2010, and redistricting counts will be
delivered to the states by April 1, 2011.''
COMMERCE/CENSUS-5
System Name:
Delete and replace with the following language: ``COMMERCE/CENSUS-
5, Decennial Census Program''
Security Classification:
None.
System Location:
Delete and replace with the following language: ``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:
Delete and replace with the following language: ``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 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.''
Categories of Records in the System:
Delete and replace with the following language: ``Records collected
by the American Community Survey and its pilot censuses obtain
population information such as name, address, telephone 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. In addition, the American Community Survey and its pilot
censuses contain housing information on topics such as year built,
structure description, uses, features, amenities, and 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 contain population information such as name, address, telephone
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.
In accordance with 13 U.S.C., Section 6(c), information in the
American Community Survey and Decennial Census of Population and
Housing may also come from administrative records from federal, states,
counties, cities, or other units of government, or from
[[Page 13078]]
private persons and agencies. For instance, external sources used for
information include: 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 the U.S.
Postal Service for address and road updates.
Pilot census records may contain information similar to that
included in the American Community Survey and Decennial Census of
Population and Housing.''
Authorities for Maintenance of the System:
Delete and replace with the following language: ``13 U.S.C.,
Sections 141 and 193.''
Purpose(s):
Delete and replace with the following language: ``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, in
order to provide key infrastructure data for the nation. The American
Community Survey, the Decennial Census of Population and Housing, and
pilot census records are maintained to conduct research and analysis
with survey and administrative data for projects as authorized by Title
13 of the U.S.C., Sections 141 and 193 and the U.S. Census Bureau; and
to undertake methodological evaluations and enhancements leading to
improved data collection and quality control studies. 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 authorized by Title
13 of the U.S.C., Section 8 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 records).''
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: ``These records are
maintained and used solely for statistical purposes and are
confidential under Title 13 of the U.S.C., Sections 9 and 214.
Publications do not contain data that could identify any particular
household or individual.''
Disclosure to Consumer Reporting Agencies:
Delete and replace with the following language: ``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: ``Information for
the Decennial Census of Population and Housing and for the American
Community Survey may be retrieved by name and address. Additionally,
information may be retrieved only by authorized access and in
accordance with other security controls.''
Safeguards:
Delete and replace with the following language: ``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) All U.S. Census Bureau sworn individuals are
subject to the restrictions, penalties, and prohibitions of Title 13 of
the U.S.C., and all employees are annually certified through training
concerning confidentiality of data; (2) data sets released by the U.S.
Census Bureau have been subjected to and have successfully met criteria
established by an internal Disclosure Review Board to ensure no
personally identifiable data are released; (3) an unauthorized browsing
policy protects respondent information from casual or inappropriate use
by any person with access to Title 13 protected data; (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; and (5) paper copies that
contain sensitive information are stored in secure facilities in a
locked drawer or file cabinet behind a locked door.''
Retention and Disposal:
Delete and replace with the following language: ``American
Community Survey, Decennial Census of Population and Housing, and pilot
census respondent data, including personally identifying data, are
captured as images suitable for computer processing. Original data
sources are destroyed, according to the disposal procedures for Title
13 records, after confirmation of successful data capture and data
transmission to U.S. Census Bureau headquarters. For the American
Community Survey, personally identifying data are scheduled for
permanent retention. For the Decennial Census of Population and
Housing, a unified record of individual response, including all names
and other written 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 to
meet the National Archives and Records Administration (NARA) archiving
requirements. Pilot data collections, data capture, and data processing
records are destroyed within two years or when no longer needed for
program or evaluation purposes, whichever is later. These requirements
are laid out in the Records Schedule established in conjunction with
NARA (Title 44, U.S.C., Section 2108).
System Manager and Address:
Delete and replace with the following language: ``Associate
Director for Decennial Census, U.S. Census Bureau, 4600 Silver Hill
Road, Washington, DC 20233-8000.''
Notification Procedure:
Delete and replace with the following language: ``None.''
Record Access Procedures:
Delete and replace with the following language: ``None.''
Contesting Record Procedures:
Delete and replace with the following language: ``None.''
Record Source Categories:
Delete and replace with the following language: ``Individuals
covered by selected administrative records systems and Census Bureau
censuses and surveys.''
Exemptions Claimed for System:
Delete and replace with the following language: ``Pursuant to 5
U.S.C. 552a (k)(4), this system of records is exempted from the
notification, access, and contest requirements of the agency procedures
(under 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I) and
(f)). This exemption is applicable because the data are maintained by
the U.S.
[[Page 13079]]
Census Bureau 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: March 12, 2010.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2010-5943 Filed 3-17-10; 8:45 am]
BILLING CODE 3510-07-P