Proposed Rule on the 2030 Census: What Counties Need to Know
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This analysis helps counties understand the proposed rule to 15 CFR Parts 60 and 70 to change the U.S. Census and prepare them to submit comments on the rule.
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On September 10, the U.S. Census Bureau issued a Notice of Proposed Rulemaking (NPRM) that would add two new parts to the Code of Federal Regulations (CFR), changing how the decennial census will be administered. The proposed rule, titled Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions, would add Parts 60 and 70 to Title 15, which would restrict census data collection to only U.S. citizens and lawful permanent residents and remove demographic questions about race, ethnicity and sexual orientation from appearing on the decennial census questionnaire, respectively. It also proposes new regulatory standards for determining an individual’s residence, a process typically determined through Federal Register notices rather than binding regulation. Codifying residence criteria in the CFR through the NPRM means these criteria will be more durable and difficult to change for future censuses.
Every 10 years, the U.S. Constitution requires the Census Bureau to count the total population of each state to apportion seats to the U.S. House of Representatives based on population and draw congressional district lines. According to the NPRM, the Census Bureau is considering these changes to better align the decennial census with this constitutionally defined purpose. However, census data is also a crucial tool used to determine the distribution of $2.8 trillion in annual federal funding across 353 federal programs, which counties rely upon to deliver essential services to their communities. For a full list of federal programs that used decennial census data to distribute funds in 2021, click here.
The rule is currently in a 33-day comment period, and all comments are due by October 13, 2026.
What would it change?
The changes below are the most significant shifts to the census that could affect counts for counties. The provisions table that follows provides a detailed analysis.
- Census enumeration period: A new census enumeration period, defined as between Jan. 3 and April 1 of the decennial census year, will be the new benchmark used to define where an individual resides.
- New “usual residence” definition: An individual’s “usual residence” is now defined as the residence at which an individual has lawfully spent the greatest number of days during the census enumeration period. Previously, “usual residence” was determined as the place where an individual lives and sleeps most of the time.
- Exclusion of non-citizens and non-legal permanent residents from the count: Only individuals who are U.S. citizens or who have lawful permanent resident status in the U.S. will be counted. All other noncitizen statuses (e.g. visa holders, Deferred Action for Childhood Arrivals, Temporary Protected Status, asylum applicants) will not be counted. Previously, the census counted all U.S. residents, regardless of legal status.
- Consolidated residence categories: The proposed rule consolidates the 21 categories currently used to determine an individual’s residence into just eight categories.
- Tax record matching: An individual’s place of residence must match their tax records.
- Expanded use of records across federal agencies: The Census Bureau will use access to data from a variety of federal agencies to distinguish between noncitizens in the U.S who are and are not counted for apportionment.
- Removal of demographic questions: No questions about race, ethnicity or sexual orientation can appear on short-form decennial census or any other questionnaire used for enumeration.
Detailed provisions: What the rule changes
15 CFR Part 60: Residence Rules
Requirement | Current practice | Proposed rule | Questions to ask |
|---|---|---|---|
Residence definitions | |||
Census enumeration period | Not separately defined; uses the “most of the time” standard to determine residency. | New defined period from January 3 to April 1 of the decennial census year, during which usual residence is determined. | |
“Usual residence” | The place where an individual lives and sleeps most of the time. | The residence at which an individual has lawfully spent the greatest number of days during the census enumeration period. |
|
Citizenship and legal status | |||
Counting non-citizens | Counted at usual residence regardless of legal status. | Only U.S. citizens and individuals with legal permanent residence as of April 1 of the census year will be counted. All other non-citizen statuses, including visa holders, DACA recipients, TPS holders and asylum applicants, will not be counted. |
|
Cross-agency data verification | Census Bureau enters data-sharing agreements with federal agencies to help count households and reduce field follow-up costs. | Expanded use of records across federal agencies to determine respondents’ legal status and residence, including verification of residence using tax records. |
|
Residence categories | |||
Changed residence categories | 21 residence categories with further subcategories. | Consolidates into eight residence categories. Removes categories for college students, healthcare facilities, boarding/residential schools, correctional and non-correctional group homes and residential treatment centers for adults and juveniles, workers’ residential facilities, religious group quarters, shelters, individuals experiencing homelessness, visitors on Census Day and individuals in the diplomatic community. |
|
New “Dependents” category | No standalone dependents category. | New category outlining that dependents are counted at whichever residence they spend the most time during the census enumeration period, even if that residence is away from their provider(s). |
|
15 CFR Part 70: Demographic Questions and Data Disclosure
Requirement | Current practice | Proposed rule | Questions to ask |
|---|---|---|---|
Permitted and prohibited questions | |||
Race, ethnicity and sexual orientation questions | Includes questions about race, ethnicity and sexual orientation, including asking for an individual’s race and distinctions between same-sex and opposite-sex relationships in a household. | No questions about race, ethnicity or sexual orientation may appear on the short-form decennial census or any questionnaire used for enumeration. |
|
Biological sex, date of birth and household relationship question | Includes questions about biological sex, date of birth and household relationships. | May still be included as a measure to facilitate data verification for enumeration. |
|
Response requirements | |||
Demographic question responses | Response to census questions generally required by law. | No one is required to respond to any demographic question as part of the decennial census. |
|
Residence criteria question | Not separately classified. | Explicitly defined as not a demographic question and requires a response. |
|
Data disclosure and accuracy | |||
Disclosure avoidance | Disclosure avoidance techniques used to protect respondent privacy in published data, potentially introducing statistical noise into counts. | Census Bureau should prioritize accuracy of the population count and cannot publish demographic data if publication necessitates introducing uncertainty into the population count (i.e. cannot use disclosure avoidance techniques to protect privacy if doing so affects population counts). |
|
Other surveys (e.g. American Community Survey) | Demographic questions asked on the American Community Survey. | Unchanged; the Census Bureau can still ask demographic questions on the American Community Survey or other surveys not related to enumeration. |
|
How to submit a comment
The comment period closes October 13, 2026. This is counties’ primary opportunity to put concerns on the official record and shape how the final rule is written. Submit comments at regulations.gov using Docket No. USBC-2026-0628.
Begin every comment with the section number in brackets (e.g. [§ 60.1]) so the Census Bureau can route your feedback to the correct part of the rule. Be specific – name the impacted federal funding in dollar amounts and quantify the burden. More specific comments are more effective.
Once you have submitted your comments, NACo urges you to share them with your members of Congress – both your U.S. House Representative and your two U.S. Senators – with a letter outlining your county’s specific concerns with the proposed Census rule. Congressional offices track constituent feedback on active rulemakings, and direct outreach from county officials reinforces the concerns raised in your formal comments.
County Action Needed
The deadline to submit comments is October 13, 2026. Click below to submit comments via regulations.gov
What counties should do now
1. Document Impact and Submit Comments
- Identify every point where residence categories, the legal status standard or the demographic question change touch your county’s population, redistricting or program-eligibility data.
- Estimate the size of local populations at risk of an undercount, including those in removed categories, and calculate the county’s exposure in federal funding tied to population figures.
2. Prepare Community Communication
- Draft and submit formal comments using specific county data through regulations.gov.
- Prepare outreach to your county about the changes to the 2030 census questionnaire and provide guidance on how they should complete it
- Monitor the rulemaking timeline and prepare for both scenarios
3. Contact Your Member of Congress
- Share your county's specific concerns with your U.S. House Representative and both U.S. Senators. Adding language into an appropriations bill is the most plausible near-term lever for addressing concerns about the proposed rule.
Resource
2030 Census: Toolkit for Counties
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