2026-18481Proposed RuleWallet

Census Redefines Where You Live for 2030 Headcount

Published Date: 9/10/2026

Proposed Rule

Summary

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.

Analyzed Economic Effects

9 provisions identified: 1 benefits, 1 costs, 7 mixed.

New definition of "usual residence"

The Census Bureau would define a person's "usual residence" as the place where they lawfully spent the greatest number of days during the census enumeration period running from January 3 to April 1. A day counts if you were lawfully and physically present for at least one hour, and the Bureau may use tax records (for example, tax returns or W-2s) as evidence of your usual residence.

Non-citizen non-LPRs excluded from apportionment

The proposal says that foreign citizens who are not U.S. citizens or lawful permanent residents as of April 1 of a decennial census year are not counted for apportionment purposes.

Expanded use of administrative records

The Census Bureau proposes to rely heavily on administrative records (for example, Treasury, DHS, State Department, USPS, and other federal, state, local, tribal, and commercial data) and data-linkage to determine people's usual residence and legal status. The Bureau also invites comments on adding a legal-status question to the short-form questionnaire.

Race/ethnicity/sexual-orientation questions banned

The proposal would prohibit any question about race, ethnicity, or sexual orientation from appearing on the decennial census short-form or any questionnaire used for the enumeration. Only questions about biological sex, date of birth, and household relationships may appear on the short form.

Limits on publishing demographic data

The Census Bureau would not disclose or publish any individual demographic data if doing so would require introducing uncertainty into the population count data at the national or state level. The Bureau will prioritize accurate population counts for apportionment (subject to confidentiality law).

People in correctional facilities counted at facility

Persons confined at correctional or detention facilities, including juvenile facilities, are counted at the facility for the decennial census.

Military and overseas personnel counting rules

The proposal specifies that U.S. military and certain civilian federal employees deployed outside the U.S. on April 1 who are assigned from the United States will be counted as part of the U.S. federally affiliated overseas population, whereas military or civilian employees deployed outside but stationed or assigned in the U.S. (i.e., deployed temporarily) are counted at their U.S. usual residence using tax and administrative records. U.S. military personnel inside the U.S. are counted at their usual residence, except those in military disciplinary barracks or jails who are counted at the facility.

How dependents are counted

Dependents who have a consistent usual residence separate from their provider(s) during the census enumeration period are counted at that separate residence; all other dependents are counted at the usual residence of their provider(s) where they spend the most days during January 3 to April 1.

Babies and deaths around Census Day

Babies born on or before Census Day (April 1) are counted at their parent(s)' or guardian(s)' usual residence where they will spend the most days during January 3 to April 1; babies born after April 1 are not counted. Persons who die before April 1 are not counted; persons who die on or after April 1 are counted at their usual residence as of April 1.

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Key Dates

Published Date
Comments Due
9/10/2026
10/13/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
Census Bureau
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