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2026-18481·DEPARTMENT OF COMMERCE

Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions

Proposed RuleComment Period OpenComments open
Published
Sep 10, 2026
Comments close
Oct 13, 2026
Citation
91 FR 57524
Docket
Docket No. 260903-0005
Agencies
DEPARTMENT OF COMMERCE, Census Bureau

Proposed rule; request for comments.

Summary

The Commerce Department’s Census Bureau is proposing two new rules that would clarify how the 2030 decennial count determines each person’s “usual residence” and set limits on what demographic questions can appear on the short‑form questionnaire. By spelling out the residence criteria, the agency aims to ensure that every individual is counted in the state where they normally live, a requirement for the constitutional apportionment of congressional seats. The demographic‑question standards are intended to keep the core census focused on headcount rather than on personal characteristics that do not affect representation, thereby protecting the integrity and efficiency of the count. The proposed regulations are issued by the U.S. Department of Commerce, specifically the Census Bureau, and they affect anyone who will be enumerated in the 2030 census—essentially all residents of the United States, as well as the agencies and researchers that use census data. The rules would become part of the Code of Federal Regulations once finalized, guiding how census workers and contractors collect and process residence information and which demographic items may be included in the short‑form questionnaire. The notice was published on September 10, 2026, and the public has until October 13, 2026, to submit comments. After the comment period, the Census Bureau will review the feedback, possibly revise the proposals, and then issue a final rule. Once finalized, the new residence criteria and question limits will be applied during the 2030 census operations.

AI-generated summary — verify against the Federal Register text.

Official abstract

The Census Bureau is proposing to add two new parts to the Code of Federal Regulations governing the decennial census of population and housing. First, the Census Bureau is proposing to add a part outlining the residence criteria used for identifying each person's "usual residence," as needed to determine whether and where to count them in the census of the population throughout the United States. Second, the Census Bureau is proposing to add a part establishing standards and restrictions for the inclusion of certain demographic questions on the decennial census short-form questionnaire and any other questionnaire used for the enumeration of the population. The Census Bureau is considering these two additions to better prioritize and fulfill its Constitutional mandate to count for apportionment the "whole number of persons in each State" based on the concept of "usual residence"--a process that factors in an element of allegiance but otherwise should be colorblind and should not be distorted in any way by questions about immaterial personal characteristics, such as race. Although these two parts are somewhat related and complementary, each is being proposed independently based on its own merits. These proposals are intended to ensure fidelity to the Constitution, improve and protect the core decennial census data, and promote efficiency.

Topics

Civil RightsVoting Rights

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