“The Census Bureau is also proposing to define the relevant “census enumeration period” to run from January 3 to April 1 during decennial census years.”

BACKGROUND: April 1 is the enumeration date and reference date for all US Censuses and is statutorily defined under 13 U.S.C. 141(a).  A fixed date of reference for enumeration, as opposed to a reference period, is understood to provide administrative clarity and scientific accuracy.

“The Census Bureau welcomes comments on the inclusion of a legal-status question on the short-form decennial census questionnaire.”

BACKGROUND: Attempts leading up to the 2020 census to include a citizenship question (legal status question) were disallowed by the Supreme Court in Department of Commerce v. New York, No. 18–966, 588 U.S. 752 (2019) in their June 27, 2019 decision.  The court’s reasoning for their decision was based on assessments that the Department of Commerce’s explanations for adding a question were contrived and pre-textual.  However, the majority decision also suggests there could be the possibility of adding a question in the process of conducting a census enumeration.  Friend of the court briefs on behalf of New York included concerns about how such a question would yield lowered participation in the census count.  Between 1790 and 1950, census instructions required every member of a household to be counted, regardless of citizenship. In prior decades the census included a question asking for each person’s citizenship status. By 1940, however, the Census Bureau began evaluating methods of using reduced sample sizes to obtain additional information, and by the 1960 census had moved several questions to a separate “questionnaire form” that was sent to a small sample of households to reduce the burden of the main “long form”. The citizenship question was one of those moved to the questionnaire form. This questionnaire form evolved into the American Community Survey (ACS) introduced in 2005.  Statistical estimations about citizenship status among the US population can be derived from the ACS data.

“The (potentially) sensitive nature of questions about race, ethnicity, and sexual orientation, when considered in light of the reduced need for or usefulness of this information, may be a particular encumbrance on response given that, under 13 U.S.C. 221, respondents are legally required “to answer, to the best of [their] knowledge, any of the questions . . . submitted to [them] in connection with any census,” and the failure to do so constitutes a federal crime. For all these reasons, the Census Bureau is re-evaluating the proper role of these demographic questions and proposes to establish, by regulation, the standards articulated below, which would prohibit the inclusion of questions about race, ethnicity or sexual orientation on the decennial census short-form questionnaire or any questionnaire used for purposes of the enumeration. Excluding such questions from the decennial census in this manner would reduce response burden as well as the risk of disclosure.”

BACKGROUND: The Census proposal would keep sex and age questions and exclude race and ethnicity questions. According to the US Census in 2020: “The census collects basic information, including age, sex, Hispanic origin, and race, for every person in every household. Responses to census questions provide a snapshot of the nation. We ask about a person’s race to create statistics about race and to present other statistics by race groups. In 2010, for example, the statistics illustrated the nation’s changing racial diversity, as well as the size, growth, and geographic distribution of various racial population groups. In addition, the data collected in these questions is needed by federal agencies to monitor compliance with the antidiscrimination provisions of laws such as the Voting Rights Act and the Civil Rights Act.” On March 29, 2026 the Office of Management and Budget issued new standards for the collection of race and ethnicity that justifies why these data are important to collect. In Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) the report states “these revisions will enhance the ability to compare information and data across federal agencies, and also to understand how well federal programs serve a diverse America.”

The US Census proposes prohibiting inclusion of a question or questions about sexual orientation and gender identity. See preceding explanations provided in Federal Register.

BACKGROUND: This is a change of course from 2024, when the U.S. Census had already launched an initiative to evaluate adding sexual orientation and gender identity questions within the American Community Survey.  A November 11, 2024 presentation to the National Advisory Board to the Census, summarizes the plan and schedule for evaluating and implementing those changes.

• Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter USBC-2026-0628 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.
• Mail: Submit written comments to 4600 Silver Hill Road, Designation: ADDEMO/FRN, Washington, DC 20746.
• Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by Census. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information ( e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be posted and publicly accessible. Census will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). However, comments containing offensive or threatening language will not be posted.