NACo submits comments on Census Bureau's proposed rule on the 2030 decennial census

Key Takeaways

November 2 Update: On November 2, NACo submitted formal comments in opposition to the U.S. Census Bureau’s proposed rule on Parts 60 and 70 of 15 CFR. NACo commented on all parts of the rule, with a particular focus on how these proposed changes would produce an undercount in counties that affects their federal funding, as census data is a crucial tool used to determine the distribution trillions of dollars across hundreds of federal programs annually.

Read NACo’s Comment Letter 

October 5 Update: On October 5, the U.S. Census Bureau announced that the comment period for its proposed rule on Parts 60 and 70 of 15 CFR will be extended to Nov. 2. The original 33-day comment period was set to end Oct. 13. This delay follows a letter sent by NACo to the U.S. Department of Commerce on Sept. 25 requesting a longer comment period to better provide thorough feedback from county leaders on the rule.

See NACo's Extension Request Letter

On September 10, the U.S Census Bureau published a proposed rule to the 2030 Decennial Census that would create two new parts of the 15 Code of Federal Regulations (CFR) that among other changes would a) define “usual residence” that excludes foreign persons previously counted that are not U.S. citizens or lawful residents, and b) would eliminate any questions about race, ethnicity and sexual orientation from the census questionnaire used to enumerate the population. The proposed ruling outlines only 30 days for public comments, which are due on October 13.  

Click here to view the proposed rule 

Background 

Every ten years, the U.S. Constitution requires the U.S. Census Bureau to count the total population in the country. The results are used to apportion seats in the U.S. House of Representatives as well as to draw congressional district lines.  The count also guides the distribution of federal and state funding for the next decade. 

Typically, the Census Bureau develops a set of residence criteria ahead of each decennial census through a public comment process rather than by regulation, unlike the proposed rule which would place new standards via regulation. The Census Bureau additionally outlines in the proposed rule that it intends to use administrative records including tax documents to verify and conduct its count. 

What’s in the Proposed Rule?

• A new definition of "usual residence.” 
• A defined enumeration period from January 3 to April 1 of each decennial year. 
• Exclusion of non-citizens and non-lawful permanent residents from the count, including student and temporary worker visa holders, asylum applicants, refugees and all other noncitizen statuses.
• New standards for group quarters and other situations.
• Removal of any questions on race, ethnicity or sexual orientation.
• Limits tied to disclosure avoidance.
• Requests for comments on the inclusion of a citizenship legal-status question on the short-form decennial census questionnaire.

What does this mean for counties?

The decennial census is used to determine congressional districts and guides formula funding for many mandatory programs, such as the Community Development Block Grant (CDBG) program, the Byrne JAG and Crime Victim Assistance programs, various transportation grants and more. Any changes to how the census is conducted could impact total counts and have a direct impact on the amount of federal funding a county is allocated for a full decade.   

NACo will be developing comments on the proposed rule and will continue to monitor developments around the 2030 Census to ensure county leaders have the most up-to-date information. 

Learn More Here