[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]


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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.

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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.

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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