Rule2026-01244
Eliminating Unnecessary and Overly-Restrictive Regulations Related to the Release of Decennial Census Population Information
Primary source
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Published
January 23, 2026
Effective
January 23, 2026
Issuing agencies
Commerce DepartmentCensus Bureau
Abstract
The Census Bureau (Bureau) is removing its regulations related to the release of decennial census population information. Such regulations are obsolete and have not applied to the determination of methodology for calculating the tabulations of total population reported to states and localities under 13 U.S.C. 141(c) since the decennial census in 2000. This action is necessary to remove obsolete regulatory language, keep the Bureau's regulations current, and ensure that the Secretary of Commerce (Secretary) is able to fulfill his statutory obligations without being hindered by an unnecessary administrative process.
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 2857-2858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01244]
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DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 101
[Docket No. 260108-0016]
RIN 0607-AA69
Eliminating Unnecessary and Overly-Restrictive Regulations
Related to the Release of Decennial Census Population Information
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Census Bureau (Bureau) is removing its regulations related
to the release of decennial census population information. Such
regulations are obsolete and have not applied to the determination of
methodology for calculating the tabulations of total population
reported to states and localities under 13 U.S.C. 141(c) since the
decennial census in 2000. This action is necessary to remove obsolete
regulatory language, keep the Bureau's regulations current, and ensure
that the Secretary of Commerce (Secretary) is able to fulfill his
statutory obligations without being hindered by an unnecessary
administrative process.
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 Bureau is removing 15 CFR part 101, ``Release of Decennial
Census Population Information,'' in its entirety. The Bureau is
removing this language to ensure conformity with the primary underlying
statutory authority--13 U.S.C. 141(c)--and to ensure that the Secretary
is able to fulfill his mandate thereunder without being hindered by any
overly-prescriptive and outdated regulatory restrictions and
requirements. This removal is intended to promote flexibility and
efficiency--within lawful limits and subject to democratic
accountability--and to reduce regulatory complexity and bloat.
II. Background
A. Statutory and Regulatory Context
As previewed, the Bureau is removing 15 CFR part 101, which governs
the release of decennial census population information. The cited
statutory authorities for 15 CFR part 101 consist of 5 U.S.C. 301; 13
U.S.C. 4, 141, 195; and 15 U.S.C. 1512; with the most pertinent
statutory authority being 13 U.S.C. 141(c).
Under 13 U.S.C. 141(c), the Secretary is required to establish, and
to furnish to ``[t]he officers or public bodies having initial
responsibility for the legislative apportionment or districting of each
State,'' criteria governing State plans ``identifying the geographic
areas for which specific tabulations or population are desired.'' The
Secretary is also required to complete tabulations of populations for
the areas identified in any plan that he approved ``as expeditiously as
possible after the decennial census date'' and to report such
tabulations to the Governors of the States involved and to the relevant
officers or public bodies. See 13 U.S.C. 141(c).
On October 6, 2000, the Department issued a final rule that set
forth the process by which the Bureau would release data to the States
and that delegated to the Director of the Census (Director) the
Secretary's authority to make determinations regarding the methodology
to be used in calculating the tabulations of population to be reported
(65 FR 59712). Less than a year later, on February 23, 2001, the
Department issued a final rule revoking the described delegation to the
Director and establishing the decision-making process currently
outlined in part 101 (66 FR 11232). Both of these rules were issued
against the backdrop of the proposed use of statistically-adjusted
populations counts for non-apportionment purposes following the 2000
Census, which use did not occur.
B. Description of the Regulation
Part 101 consists of a single regulatory section (Sec. 101.1),
which itself consists of multiple paragraphs.
Paragraph (a)(1) provides that ``[t]he Secretary of Commerce shall
make the final determination regarding the methodology to be used in
calculating the tabulations of population reported to States and
localities pursuant to 13 U.S.C. 141(c).'' 15 CFR 101.1(a)(1). It
further provides that ``[t]he determination of the Secretary will be
published in the Federal Register.'' Id.
Paragraph (a)(2) restricts the Secretary from making the
determination specified in paragraph (a)(1) ``until after he or she
receives the recommendation of the Director of the Census, together
with the report of the Executive Steering Committee for A.C.E. Policy,
in accordance with paragraph (b)(1).'' 15 CFR 101.1(a)(2).
Paragraph (b)(1), in turn, provides that the Executive Steering
Committee for A.C.E. Policy (the Committee) ``shall prepare a written
report to the Director of the Census analyzing the methodologies that
may be used in making the tabulations of population reported to States
and localities pursuant to 13 U.S.C. 141(c), and the factors relevant
to the possible choices of methodology.'' 15 CFR 101.1(b)(1). It
further provides that the Director will forward the Committee's report,
along with his or her recommendation--if he or she has any--to the
Secretary. Id.
Paragraph (b)(2) imposes a requirement that the Director's
recommendation and the Committee's report be both posted on the
Bureau's website and published in the Federal Register ``at the same
time'' they are delivered to the Secretary. 15 CFR 101.1(b)(2).
Lastly, paragraph (b)(3) requires that the Committee be composed of
the following employees of the Bureau: (i) the Deputy Director and
Chief Operating Officer; (ii) the Principal Associate Director and
Chief Financial Officer; (iii) the Principal Associate Director for
Programs; (iv) the Associate Director for Decennial Census (Chair); (v)
the Assistant Director for Decennial Census; (vi) the Associate
Director for Demographic Programs; (vii) the Associate Director for
Methodology and Standards; (viii) the Chief of the Planning, Research,
and Evaluation Division; (ix) the Chief of the Decennial Management
Division; (x) the Chief of the Decennial Statistical Studies Division;
(xi) the Chief of the Population
[[Page 2858]]
Division; and (xii) the Senior Mathematical Statistician.
III. Discussion
The Bureau is removing 15 CFR part 101 in its entirety and will
instead allow the primary underlying statutory authority, 13 U.S.C.
141(c), to speak for itself. The Bureau is doing so for the following
reasons.
As an initial matter, no statutory authority requires the
promulgation of the regulatory requirements and restrictions set forth
in part 101. The framework established by part 101 is a pure creature
of regulation and was drawn up and defined at the discretion of the
Department against the unique backdrop of the 2000 Census. That
background context, alone, warrants reconsideration of the propriety
and continued value of part 101 pursuant to the Department's broader
deregulatory approach.
Upon further review, the Bureau has determined that the
requirements and restrictions set forth in part 101 are not only
statutorily unnecessary--they actively hinder the Secretary's ability
to fulfill his express statutory obligations. For example, by
restricting the Secretary from making a methodology determination until
after he receives the specified formal input from both the Director and
the Committee of the twelve specified officials, without exception,
Sec. 101.1(a)(2), (b)(1), and (b)(3) subject the Secretary to an
administrative process (involving several other actors) that
necessarily carries some risk of undue delay and breakdown. Similarly,
by requiring that the Director and the Committee always publicly
disseminate their recommendation and report, respectively, upon
delivery to the Secretary, Sec. 101.1(b)(2) potentially restricts or
otherwise distorts the deliberative process within the Department and
the Secretary's access to full and frank advice from the leadership of
the Bureau. The publication requirement also creates an opportunity for
publicized conflict within the Department, which is not necessarily
conducive to optimal decision making.
Additionally, with respect to composition of the Committee, it
bears noting that several of the specified positions have been either
abolished or restructured through reorganization. Namely, the Bureau
currently has no Principal Associate Director for Programs or Chief of
the Planning, Research, and Evaluation Division. The Bureau considers
the list set forth in Sec. 101.1(b)(3) to be plainly outdated and
unduly prescriptive.
Finally, to be clear, the removal of part 101 will not prevent the
Secretary from soliciting and considering input from the leadership of
the Bureau; nor will it prevent the Department from posting and
publishing the Bureau's formal recommendations and reports. Rather, the
Secretary remains entirely able to follow these practices; he simply
will also be free to depart from these practices when, in his
determination, the particular circumstances render it appropriate.
Pursuant to 13 U.S.C. 4, the Secretary has the statutory authority to
delegate the duties assigned to him under Title 13, United States Code,
and to promulgate regulations to aid in carrying out these duties.
Returning such discretion and authority to the Secretary will therefore
promote flexibility and allow for greater efficiency--subject, as
always, to democratic accountability and the limits of the law. The
Bureau has determined that part 101 is outdated. Further, in the
absence of part 101, the Secretary will be better positioned to
faithfully and effectively carry out the requirements of 13 U.S.C.
141(c).
In sum, the Bureau is eliminating part 101 in its entirety to
remove obsolete and unnecessary hinderances on the Secretary's ability
to fulfill his statutory obligations and to enable a more optimal
degree of administrative flexibility and efficiency.
IV. Regulatory Classifications
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 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 (RFA)
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 contains no new information collection requirements under
the Paperwork Reduction Act of 1995.
List of Subjects for 15 CFR Part 101
Administrative practice and procedure, Census data.
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 101--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble and under the authority of 13
U.S.C. 141(c), 13 U.S.C. 4, and 5 U.S.C. 301, the Census Bureau removes
and reserves 15 CFR part 101.
[FR Doc. 2026-01244 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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