[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