Removing Redundant Language From the Regulations Governing the Furnishing of Personal Census Data
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.
Issuing agencies
Abstract
By this rule, the Census Bureau (Bureau) is amending its regulations that govern the furnishing of personal census data. Specifically, this rule removes two unnecessary sections that merely restate underlying statutory language. This action is necessary to reduce regulatory complexity and redundancy. The intended effect is to promote the simplicity and clarity of the Code of Federal Regulations for public benefit, without altering any substantive rights or obligations.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2851-2852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01245]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 80
[Docket No. 260108-0018]
RIN 0607-AA71
Removing Redundant Language From the Regulations Governing the
Furnishing of Personal Census Data
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: By this rule, the Census Bureau (Bureau) is amending its
regulations that govern the furnishing of personal census data.
Specifically, this rule removes two unnecessary sections that merely
restate underlying statutory language. This action is necessary to
reduce regulatory complexity and redundancy. The intended effect is to
promote the simplicity and clarity of the Code of Federal Regulations
for public benefit, without altering any substantive rights or
obligations.
DATES: The rule is effective January 23, 2026.
FOR FURTHER INFORMATION CONTACT: Shannon Wink, Program Analyst, Policy
Coordination Office, 301-763-6440, <a href="/cdn-cgi/l/email-protection#29594a4607594645404a5007464f4f404a4c694a4c475a5c5a074e465f"><span class="__cf_email__" data-cfemail="e6968589c896898a8f859fc88980808f8583a6858388959395c8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
This action concerns the Bureau's regulations at 15 CFR part 80,
which set forth requirements, restrictions, and procedures for
obtaining personal information from historical population records
maintained by the Bureau. Such regulations specify who is eligible to
request personal information, outline the application process, and
identify the conditions under which data may be released.
A. Regulatory History
The Bureau established the regulations at part 80 through a final
rule published on November 17, 1975 (40 FR 53232). That rule was
promulgated under the authority of 13 U.S.C. 8 to create a standardized
process for furnishing personal data from census questionnaires to
authorized individuals. The regulatory framework requires applicants to
submit a formal request, typically on Form BC-600, and to pay a fee. It
also defines eligibility for requesting information for living persons,
such as the individual themselves, a parent of a minor, or a legal
guardian, as well as for deceased persons, limiting access to specific
[[Page 2852]]
relatives or the administrator of the estate.
Through a final rule published on December 23, 1983 (48 FR 56744),
the Bureau made technical amendments to certain regulations at part
80--including Sec. 80.6--by adding Office of Management and Budget
control numbers in compliance with the Paperwork Reduction Act.
B. Description of the Pertinent Regulations
This action affects two sections within part 80, Sec. Sec. 80.5
and 80.6, both of which were established by the original 1975 rule.
Section 80.5, titled ``Detrimental use of information,'' cites and
quotes 13 U.S.C. 8(c), stating that ``[i]n no case shall information
furnished under this section be used to the detriment of any respondent
or other person to whom such information relates.'' 15 CFR 80.5.
Similarly, Sec. 80.6, titled ``False statements,'' stated that
``[a]ny false statement or forgery on the application or supporting
papers required to obtain Census information is punishable by a fine
and/or imprisonment pursuant to section 1001 of Title 18 of the United
States Code.'' 15 CFR 80.6; see 18 U.S.C. 1001(a) (making it a crime
punishable up to five years' imprisonment to make any false statement
or to use any false writing in any matter within the jurisdiction of
the executive branch).
II. Discussion
This rule amends 15 CFR part 80 by removing two sections that the
Bureau has determined are unwarranted--Sec. Sec. 80.5 and 80.6. As
described above, these sections merely restate underlying statutory
language and therefore are unnecessary. Specifically, Sec. 80.5
directly quotes 13 U.S.C. 8(c), which is self-executing and does not
require any implementing regulation to be effective; and Sec. 80.6
references and restates 18 U.S.C. 1001, a criminal law of general
applicability that, like 13 U.S.C. 8(c), does not require any
implementing regulation. Accordingly, neither Sec. 80.5 nor Sec. 80.6
serves any independent function; both simply call attention to
statutory provisions that the public is already presumed to be aware
of.
Upon review, the Bureau has determined that the continued
maintenance of these sections is not justified. Because, in substance,
Sec. Sec. 80.5 and 80.6 are entirely duplicative of statutory
language, their removal will not alter any substantive rights,
obligations, or consequences for misconduct. Moreover, their removal is
consistent with the Department of Commerce's ongoing effort to
streamline its regulations, eliminate superfluous provisions and
clutter, and promote efficiency. Their removal is also consistent with
the general understanding that statutes can and ought to speak for
themselves, and that regulatory restatements thereof pose an
unnecessary risk of miscommunication and misinterpretation.
III. Regulatory Certifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department of Commerce
(Department) finds good cause to waive the prior notice and opportunity
for public participation requirements of the Administrative Procedure
Act for this final rule. The Department considers this rule to be
uncontroversial, and has determined that prior notice and opportunity
for public participation is unnecessary, because this rule only removes
two regulatory sections that merely restate statutory language and thus
are entirely superfluous. The appropriateness of removing these
sections pursuant to the Department's deregulatory effort would not be
affected by public comment, as these sections clearly serve no
meaningful function independent from the underlying statutory
authority. For the same reasons, the Department has determined that
delaying the effectiveness of these amendments would be contrary to the
public interest. The regulatory language being removed by this rule
unnecessarily poses some risk of inconsistency, confusion, and
inefficiency; its removal will immediately benefit the public at little
to no cost. The Department therefore finds good cause to waive the
public notice and comment period under 553(b)(B) and, for the same
reasons, 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 80
Administrative practice and procedure, Archives and records, 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.
For the reasons set forth in the preamble, the Census Bureau amends
15 CFR part 80 to read as follows:
PART 80--FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION
SCHEDULES
0
1. The authority citation for part 80 continues to read as follows:
Authority: Sec. 1, Pub. L. 83-1158, 68 Stat. 1013 (13 U.S.C. 8).
Sec. 80.5 [Removed and Reserved]
0
2. Remove and reserve Sec. 80.5.
Sec. 80.6 [Removed and Reserved]
0
3. Remove and reserve Sec. 80.6.
[FR Doc. 2026-01245 Filed 1-22-26; 8:45 am]
BILLING CODE 3510-07-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.