Rule2026-01242
Eliminating Regulations Contemplating Collaboration With USAID To Train Foreign Participants in Census Procedures and General Statistics
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2026
Effective
January 23, 2026
Issuing agencies
Commerce DepartmentCensus Bureau
Abstract
By this rule, the Census Bureau is eliminating its regulations pertaining to a now-obsolete joint effort between the United States Department of Commerce (Commerce) and the United States Agency for International Development (USAID) to train foreign nationals in census and statistical procedures. This action is necessary to ensure that the Census Bureau's regulations are accurate and up-to-date. The intended effect is to remove outdated and unnecessary regulatory content, to reduce the potential for confusion, and to reprioritize American interests.
Full Text
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<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
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[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2847-2848]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01242]
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DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 40
[Docket No. 260108-0014]
RIN 0607-AA67
Eliminating Regulations Contemplating Collaboration With USAID To
Train Foreign Participants in Census Procedures and General Statistics
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the Census Bureau is eliminating its regulations
pertaining to a now-obsolete joint effort between the United States
Department of Commerce (Commerce) and the United States Agency for
International Development (USAID) to train foreign nationals in census
and statistical procedures. This action is necessary to ensure that the
Census Bureau's regulations are accurate and up-to-date. The intended
effect is to remove outdated and unnecessary regulatory content, to
reduce the potential for confusion, and to reprioritize American
interests.
DATES: The rule is effective January 23, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
The Census Bureau is eliminating all of the regulations found at 15
CFR part 40. Such regulations pertain to the training of foreign
nationals in census procedures and general statistics pursuant to a
now-obsolete collaborative arrangement between Commerce and USAID. The
Census Bureau is proceeding with this elimination to ensure that its
regulations are accurate and up-to-date, to remove unnecessary and
potentially confusing regulatory language, and to recenter American
interests.
II. Background
This action concerns the Census Bureau's regulations at 15 CFR part
40, titled ``Training of Foreign Participants in Census Procedures and
General Statistics.'' The regulations at part 40 formalize certain
aspects of a 1954 Memorandum of Agreement and establish the framework
by which the Census Bureau, in cooperation with the USAID and other
government agencies, may provide technical training in census and
statistical procedures to foreign nationals.
A. Regulatory History
The regulations at part 40 were established by a final rule
published on January 4, 1963 (28 FR 119). The 1963 rule superseded a
previous version of the part that was titled ``Training Grants in
Census Procedures.'' The authority for the regulations at part 40
derives from several statutes, including 5 U.S.C. 301, 22 U.S.C. 1456,
and 31 U.S.C. 686, as well as a Memorandum of Agreement between
Commerce and the Foreign Operations Administration signed on June 10,
1954. As relevant, the Foreign Operations Administration was abolished
by Executive Order 10610 the following year, and its functions were
transferred to the Department of Defense (now Department of War) and
the Department of State (including USAID).
Since the abolition of the Foreign Operation Administration, USAID
has been the primary agency awarding training grants under part 40. The
Census Bureau, on the other hand, has been the agency actually
providing the training related to census and statistical procedures.
Such trainings have covered topics such as questionnaire development,
data processing, sampling techniques, and statistical analysis,
accounting for the needs and limitations of participants' home
countries.
In 2025, the Department of State significantly scaled back USAID
and assumed its few remaining functions. Collaboration between the
Census Bureau and USAID is suspended.
B. Description of Regulations
Part 40 consists of five sections: Sec. Sec. 40.1, 40.2, 40.3,
40.4, and 40.5.
Section 40.1 provides an overview of the kinds of training grants
that can be offered under part 40. See 15 CFR 40.1. Such grants include
those related to conference courses, seminar laboratory exercises,
observation work, and field training. See 15 CFR 40.1(a)-(f).
Section 40.2 sets forth the qualifications required to be eligible
for a training grant under part 40. See 15 CFR 40.2. Specifically,
applicants must
[[Page 2848]]
be (1) ``[a] bona-fide citizen of a country with whom the United States
has proper diplomatic arrangements for such training problems,'' (2)
``[a]ble to speak, read, write, and understand the English language,''
(3) ``[s]ponsored by his government either directly with the United
States or through a public international agency,'' and (4)
``[p]hysically able to undertake the activities incident to the course
of training and free from communicable diseases.'' 15 CFR 40.2(a)(1)-
(4).
Section 40.3 acknowledges that, ``[i]n compliance with the
provisions contained in the Memorandum of Agreement executed between
the Department of Commerce and the Foreign Operations Administration
(now AID) on June 10, 1954, the Bureau of the Census is authorized
within its areas of competence and available resources to continue its
training of foreign nationals under the general guidance of the
Department of Commerce and in cooperation with the bilateral technical
assistance programs of the United States Government.'' 15 CFR 40.3.
Section 40.4 sets forth certain administration provisions related
to the selection of participants and funding of costs. See 15 CFR 40.4.
In particular, subsection (a) discusses the materials that must be
provided to the Census Bureau in order for it to develop a training
program at the request and expense of USAID; subsection (b) states that
the Census Bureau ``reserves the right to accept . . . only those
participants whom it finds qualified to make satisfactory use of its
training facilities and resources''; and subsection (c) provides that
various administrative responsibilities will be the responsibility of
USAID under the provisions of the Memorandum of Agreement. See 15 CFR
40.4(a)-(c).
Lastly, Sec. 40.5 states that the Census Bureau ``also undertakes
the training of foreign nationals proposed through the Department of
State under the International Exchange Service (IES) or under the
sponsorship of public international agencies.'' 15 CFR 40.5.
III. Discussion
The Census Bureau has determined that it is appropriate to fully
remove 15 CFR part 40 for the following reasons.
As an initial matter, no statutory authority requires the
promulgation of the regulations currently set forth in part 40. This
lack of a statutory mandate alone warrants reconsideration of part 40,
as it is now Commerce's approach--pursuant to a broader deregulatory
effort--to remove any regulation that is (i) not specifically required
or authorized by statute and (ii) not justified by a compelling policy
reason. Such an approach helps ensure that the body of Federal
regulations conforms to the scope of underlying statutory authorities
and does not impose any unnecessary burdens on the public. The Census
Bureau's elimination of part 40 is consistent with that approach.
Additionally, the program established by part 40 is obsolete.
USAID--the agency upon which the Census Bureau relied to carry out part
40--is no longer operating in the manner contemplated by part 40, and
there is no indication that such collaboration is likely to resume.
Even if any such collaboration were to resume, the Census Bureau is
satisfied that the Memorandum of Agreement would provide sufficient
operational guidance and detail. In any event, for the time being, the
continued presence of part 40 poses a risk of confusion for both the
American public and foreign nationals. The elimination of part 40 will
help ensure that the Census Bureau's regulations remain accurate and
up-to-date, with minimal potential sources of distraction and
confusion.
Finally, the Census Bureau's mission is to serve as the United
States' leading provider of quality data about its own people and
economy; the elimination of part 40 is consistent with a renewed focus
on that priority.
IV. Regulatory Certifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Commerce finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
Commerce has determined that prior notice and opportunity for public
participation is unnecessary because this rule only removes regulatory
language that is currently obsolete and not required by any statute;
the obsolete and unnecessary nature of this regulatory language will
not be cured by any public comment. Commerce has also determined that
delaying the removal of this regulatory language for the sake of
carrying out the notice and comment process would be contrary to the
public interest, as the language no longer serves any meaningful
function but does pose a risk of confusion and distraction. Commerce
therefore finds good cause to waive the public notice and comment
period under 553(b)(B) and, for the same reason, to waive the 30-day
delay in effectiveness under 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This rule is an
E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects for 15 CFR Part 40
Bilateral technical assistance programs, Census procedures and
general statistics training grants for foreign participants, U.S.
Agency for International Development, Education, Foreign relations,
Grant programs, Statistics, Technical assistance.
Dated: January 20, 2026.
George Cook,
Chief of Staff to the Under Secretary for Economic Affairs performing
the non-exclusive functions and duties of the Director of the Census
Bureau.
PART 40--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble and under the authority of 5
U.S.C. 301 and 13 U.S.C. 4, the Census Bureau removes and reserves 15
CFR part 40.
[FR Doc. 2026-01242 Filed 1-22-26; 8:45 am]
BILLING CODE 3510-07-P
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</html>Indexed from Federal Register on January 23, 2026.
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