[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42577-42585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15372]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Chapter I

[Docket Number 160526465-6465-01]


Proposed 2020 Census Residence Criteria and Residence Situations

AGENCY: Bureau of the Census, Department of Commerce.

ACTION: Proposed criteria and request for comment.

-----------------------------------------------------------------------

SUMMARY: The Bureau of the Census (U.S. Census Bureau) is providing 
notification and requesting comment on the proposed ``2020 Census 
Residence Rule and Residence Situations.'' In addition, this document 
contains a summary of comments received in response to the May 20, 
2015, Federal Register document, as well as the Census Bureau's 
responses to those comments. The residence criteria are used to 
determine where people are counted during each decennial census. 
Specific residence situations are included with the criteria to 
illustrate how the criteria are applied.

DATES: To ensure consideration, comments must be received by August 1, 
2016.

ADDRESSES: Direct all written comments regarding the proposed ``2020 
Census Residence Rule and Residence Situations'' to Karen Humes, Chief, 
Population Division, U.S. Census Bureau, Room 6H174, Washington, DC 
20233; or Email [POP.2020.[email protected]">Residence.[email protected]].

FOR FURTHER INFORMATION CONTACT: Population and Housing Programs 
Branch, U.S. Census Bureau, 6H185, Washington, DC 20233, telephone 
(301) 763-2381; or Email [POP.2020 .[email protected]">Residence.[email protected]].

SUPPLEMENTARY INFORMATION:

A. Background

    The U.S. Census Bureau is committed to counting every person in the 
2020 Census once, only once, and in the right place. The fundamental 
reason that the decennial census is conducted is to fulfill the 
Constitutional requirement (Article I, Section 2) to apportion the 
seats in the U.S. House of Representatives among the states. Thus, for 
a fair and equitable apportionment, it is crucial that the Census 
Bureau counts everyone in the right place during the decennial census.
    The residence criteria are used to determine where people are 
counted during each decennial census. Specific residence situations are 
included with the criteria to illustrate how the criteria are applied.

1. The Concept of Usual Residence

    The Census Act of 1790 established the concept of ``usual 
residence'' as the main principle in determining where people were to 
be counted, and this concept has been followed in all subsequent 
censuses. ``Usual residence'' has been defined as the place where a 
person lives and sleeps most of the time. This place is not necessarily 
the same as a person's voting residence or legal residence.
    Determining usual residence is straightforward for most people. 
However, given our nation's wide diversity in types of living 
arrangements, the concept of usual residence has a variety of 
applications. Some examples include people experiencing homelessness, 
people with a seasonal/second residence, people in prisons, people in 
the process of moving, people in hospitals, children in shared custody 
arrangements, college students, live-in employees, military personnel, 
and people who live in workers' dormitories.
    Applying the usual residence concept to real living situations 
means that people will not always be counted at the place where they 
happen to be staying on Census Day (April 1, 2020) or at the time they 
complete their census questionnaire. For example, some of the ways that 
the Census Bureau applies the concept of usual residence include the 
following:
     People who are away from their usual residence while on 
vacation or on a business trip on Census Day are counted at their usual 
residence.
     People who live at more than one residence during the 
week, month, or year are counted at the place where they live most of 
the time.
     People without a usual residence are counted where they 
are staying on Census Day.
     People in certain types of group facilities \1\ on Census 
Day are counted at the group facility.
---------------------------------------------------------------------------

    \1\ In this document, ``group facilities'' (referred to also as 
``group quarters'' (GQ)) are defined as places where people live or 
stay in group living arrangements, which are owned or managed by an 
entity or organization providing housing and/or services for the 
residents.
---------------------------------------------------------------------------

2. Reviewing the ``2020 Census Residence Rule and Residence 
Situations''

    Every decade, the Census Bureau undertakes a review of the 
``Residence Rule and Residence Situations'' to ensure that the concept 
of usual residence is interpreted and applied as intended in the 
decennial census, and that these interpretations are consistent with 
the intent of the Census Act of 1790, which was authored by a Congress 
that included many of the framers of the U.S. Constitution and directed 
that people were to be counted at their usual residence. This review 
also serves as an opportunity to identify new or changing living 
situations resulting from societal change, and to create or revise the 
guidance regarding those situations in a way that is consistent with 
the concept of usual residence.
    This decade, as part of the review, the Census Bureau requested 
public comment on the ``2010 Census Residence Rule and Residence 
Situations'' through the Federal Register (80 FR 28950) on May 20, 
2015, to allow the public to recommend any changes they would like to 
be considered for the 2020 Census. The Census Bureau received 252 
comment submission letters or emails that contained 262 total comments. 
(Some comment submissions included comments or suggestions on more than

[[Page 42578]]

one residence situation.) A summary of these comments and the Census 
Bureau's responses are included in section B of this document.
    In addition to the Census Bureau's responses to comments that are 
described in section B of this document, section C provides a summary 
of each of the proposed changes to where people would be counted in the 
2020 Census compared to the 2010 Census. These proposed changes are 
based on the consideration of public comments received, as well as an 
internal review of the criteria and situations.
    The Census Bureau is requesting public comment on the proposed 
``2020 Census Residence Rule and Residence Situations'', as listed in 
section D of this document. The Census Bureau is requesting public 
comment on the proposed ``2020 Census Residence Rule and Residence 
Situations,'' as listed in section D of this document. The Census 
Bureau anticipates publishing the final ``2020 Census Residence Rule 
and Residence Situations'' by the end of 2016. At that time, the Census 
Bureau will also respond to the comments received regarding the 
proposed ``2020 Census Residence Rule and Residence Situations.''

B. Summary of Comments Received in Response to a Review of the ``2010 
Census Residence Rule and Residence Situations''

    On May 20, 2015, the Census Bureau published a document in the 
Federal Register asking for public comment on the ``2010 Census 
Residence Rule and Residence Situations.'' Of the 262 comments 
received, 162 pertained to where prisoners \2\ are counted, and 87 
pertained to where military personnel overseas are counted. Two 
comments pertained to people in group homes for juveniles, two comments 
to people in residential treatment centers for juveniles, and one 
comment to students in boarding schools. Also, one comment pertained to 
the residence criteria, and one comment to each of four other residence 
situations: Visitors on Census Day, people who live in more than one 
place, people without a usual residence, and nonrelatives of the 
householder. Finally, three comments covered broader issues: One 
pertaining to how the residence criteria and situations are 
communicated, one pertaining to how field staff is trained on the 
residence criteria and situations, and one on how alternative addresses 
are collected from certain types of group facilities.
---------------------------------------------------------------------------

    \2\ The majority of comments received on this topic used the 
terms `prisoner,' `incarcerated,' or `inmate.' Although the 
terminology is not exactly what is used in the residence rule 
documentation, the context of the comments suggests that they apply 
to people in federal and state prisons (GQ type 102 and 103), local 
jails and other municipal confinement facilities (GQ type 104), and 
possibly federal detention centers (GQ type 101). References in this 
document to ``prisons,'' or ``prisoners,'' should be interpreted as 
referring to all of these GQ types.
---------------------------------------------------------------------------

1. Comments on Prisoners

    Of the 162 comments pertaining to prisoners, 156 suggested that 
prisoners should be counted at their home or pre-incarceration address. 
The rationales included in these comments were as follows:
     Counting prisoners at the prison inaccurately represents 
the prisoners' home communities, inflates the political power of the 
area where the prison is located, and deflates the political power in 
the prisoners' home communities. This distorts the redistricting 
process.
     Counting prisoners away from their home address goes 
against the principle of equal representation.
     The current residence criteria for prisoners is 
inconsistent with some states' laws regarding residency for elections.
     The ``usual residence'' concept itself should change, as 
it relates to incarcerated persons, because the tremendous increase in 
the number of incarcerated people in the last 30 years, and the Supreme 
Court's support of equal representation, warrants a change in the 
interpretation of the concept of ``usual residence.''
     Prisoners do not interact or participate in the civic life 
of the community where they are incarcerated, are there involuntarily, 
and generally do not plan to remain in that community upon their 
release.
     One comment stated that inmates in local jails who are 
awaiting trial are presumed innocent, and therefore should not be 
counted at the jail.
    Six comments were in support of the 2010 practice of counting 
prisoners at the prison, stating that adjusting prisoners' locations 
would be difficult, expensive, add unneeded complexity, and would be 
prone to inaccuracy. Of the six comments in support of counting 
prisoners at the prison, one mentioned a concern that adjusting the 
prisoners' locations could disenfranchise minorities in rural areas, 
and four said that changing the current practice could open the door to 
future census population count adjustments motivated by political gain.
    Census Bureau Response: The Census Bureau has determined that the 
practice of counting prisoners at the correctional facility for the 
2020 Census would be consistent with the concept of usual residence, as 
established by the Census Act of 1790. As noted in section A.1 of this 
document, ``usual residence'' is defined as the place where a person 
lives and sleeps most of the time, which is not always the same as 
their legal residence, voting residence, or where they prefer to be 
counted. Therefore, counting prisoners anywhere other than the facility 
would violate the concept of usual residence, since the majority of 
people in prisons live and sleep most of the time at the prison.
    States are responsible for legislative redistricting. The Census 
Bureau works closely with the states and recognizes that some states 
have decided, or may decide in the future, to `move' their prisoner 
population back to the prisoners' pre-incarceration addresses for 
redistricting and other purposes. Therefore, following the 2020 Census, 
the Census Bureau plans to offer a product that states can request, in 
order to assist them in their goals of reallocating their own prisoner 
population counts. Any state that requests this product will be 
required to submit a data file (indicating where each prisoner was 
incarcerated on Census Day, as well as their pre-incarceration address) 
in a specified format. The Census Bureau will review the submitted file 
and, if it includes the necessary data, provide a product that contains 
supplemental information the state can use to construct alternative 
within-state tabulations for its own purposes. However, the Census 
Bureau will not use the information in this product to make any changes 
to the official decennial census counts.
    The Census Bureau also plans to provide group quarters data after 
the 2020 Census sooner than it was provided after the 2010 Census. For 
the 2010 Census, the Census Bureau released the Advance Group Quarters 
Summary File showing the seven major types of group quarters, including 
correctional facilities for adults and juvenile facilities. This early 
\3\ release of data on the group quarters population was beneficial to 
many data users, including those in the redistricting community who 
must consider whether to include or exclude certain populations when 
redrawing boundaries as a result of state legislation. The Census 
Bureau is planning to incorporate similar group quarters

[[Page 42579]]

information in the standard Redistricting Data (Pub. L. 94-171) Summary 
File for 2020.
---------------------------------------------------------------------------

    \3\ The Advance Group Quarters Summary File was released on 
April 20, 2011, which was earlier than when that GQ data was 
originally planned to be released in the Summary File 1 that was 
released on June 16--August 25, 2011. The earlier release made it 
easier to use these GQ data in conjunction with the Redistricting 
Data (Pub. L. 94-171) Summary File, which was released on February 
3-March 24, 2011.
---------------------------------------------------------------------------

2. Comments on the Military Overseas

    Of the 87 comments received pertaining to the military overseas, 
all suggested that the Census Bureau treat military personnel who are 
temporarily deployed overseas on a short-term basis differently than 
military personnel who are stationed overseas on a more long-term 
basis. More specifically, these comments suggested that military 
personnel who are deployed overseas should be counted at their home 
base or port. The commenters also suggested that the Census Bureau work 
with military bases to locate more accurate administrative records for 
counting deployed military and use administrative records to provide 
socioeconomic information on the deployed military.
    In the 2010 Census, the Census Bureau counted all military 
personnel deployed or stationed overseas in their `home of record' 
state for apportionment purposes only. Their home of record was 
provided by the Department of Defense (DOD), \4\ and those state counts 
were added to the state population counts that were used to calculate 
the apportionment of seats for each state in the U.S. House of 
Representatives.
---------------------------------------------------------------------------

    \4\ Home of record is generally the permanent home of the person 
at the time of entry or re-enlistment into the Armed Forces, as 
included on personnel files. If home of record information was not 
available for a person, the DOD used the person's ``legal 
residence'' (the residence a member declares for state income tax 
withholding purposes), or thirdly, ``last duty station,'' to assign 
a home state.
---------------------------------------------------------------------------

    The commenters not only indicated that they want military personnel 
deployed overseas to be counted at their ``usual residence,'' ``last 
duty station,'' or ``home base or port,'' (which are inferred to mean 
the same thing), but also that they want the Census Bureau to collect 
all decennial census demographic data on these personnel and include 
them in the local community-level resident population counts, rather 
than only using a basic population count of them for determining the 
state-level apportionment counts. For example, many comments referred 
to the need for counting deployed military in the communities where 
they usually reside, because doing otherwise ``produces flawed data 
that harms funding and planning in military communities.'' Another 
comment referred to ensuring ``communities have the needed resources to 
support these soldiers and their families.'' These and other comments 
may refer to local-level planning and funding that is normally 
determined using the Census resident population data (available down to 
the block level) and not the apportionment counts, which are only 
available at the state level.
    To support the argument for counting deployed military overseas at 
their usual residence in the United States, one of the 87 commenters 
compared how the Census Bureau counts U.S. military personnel deployed 
to a land-based location overseas versus U.S. military personnel on 
U.S. military vessels with a U.S. homeport. The ``2010 Census Residence 
Rule and Residence Situations'' stated that the latter are ``counted at 
the onshore U.S. residence where they live and sleep most of the time. 
If they have no onshore U.S. residence, they are counted at their 
vessel's homeport.'' The commenter argued that this is inconsistent 
with how the Census Bureau has counted military personnel who are 
deployed to a land-based location overseas (while stationed at a 
location in the United States), and asked that all branches of service 
be treated the same and counted at their residence or home base/port.
    Census Bureau Response: The Census Bureau has determined that there 
is a distinction between personnel who are deployed overseas and those 
who are stationed or assigned overseas. Deployments are typically short 
in duration, and the deployed personnel will be returning to their 
usual residence where they are stationed or assigned in the United 
States after their temporary deployment ends. Personnel stationed or 
assigned overseas generally remain overseas for longer periods of time, 
and often do not return to the previous stateside location from which 
they left. Therefore, counting deployed personnel at their usual 
residence in the United States follows the standard interpretation of 
the residence criteria to count people at their usual residence if they 
are temporarily away for work purposes. This change would provide 
consistency with how the Census Bureau counts U.S. military personnel 
on U.S. military vessels.
    Based on the considerations described in the previous paragraph, 
for the 2020 Census, the Census Bureau proposes using administrative 
data from the DOD to count deployed personnel at their usual residence 
in the United States.\5\ The Census Bureau would continue to count 
military and civilian employees of the U.S. Government who are 
stationed or assigned outside the United States, and their dependents 
living with them, in their home state, for apportionment purposes only, 
using administrative data provided by the DOD and the other federal 
agencies that employ them.
---------------------------------------------------------------------------

    \5\ The ability to successfully integrate the DOD data on 
deployed personnel into the resident population counts must be 
evaluated and confirmed prior to the 2020 Census.
---------------------------------------------------------------------------

3. Comments on Group Homes for Juveniles and Residential Treatment 
Centers for Juveniles

    Two comments pertained to group homes for juveniles and two 
comments to residential treatment centers for juveniles. All four of 
the comments supported counting the juveniles in these situations at 
their ``household residence.'' One of the commenters on the group homes 
and one of the commenters on the residential treatment centers further 
stated that the juveniles should only be counted at their household 
residence if it is in the same state as the facility. If the residence 
is not in the same state, these two commenters stated that the juvenile 
should be counted at the facility. All four commenters argued that 
counting juveniles at the facility inflates the political power of the 
area where the facility is located and dilutes the representation of 
the juveniles' home communities.
    Census Bureau Response: The Census Bureau reviewed where juveniles 
in these types of facilities are counted, based on the concept of usual 
residence. Most juveniles living in group homes are there for long 
periods of time and do not have a usual home elsewhere. The group home 
is where they live and sleep most of the time, so that is their usual 
residence. Conversely, most people in residential treatment centers for 
juveniles only stay at the facility temporarily and often have a usual 
home elsewhere that they return to after treatment is completed.
    Based on the considerations described in the previous paragraph, 
the Census Bureau has determined that the practice of counting people 
in group homes for juveniles at the facility is consistent with the 
concept of usual residence. However, for the 2020 Census, the Census 
Bureau proposes to count people in residential treatment centers for 
juveniles at the residence where they live and sleep most of the time. 
If they do not have a usual home elsewhere, they would be counted at 
the facility.

4. Comment on Boarding Schools

    One of the comments received was related to boarding schools. The 
commenter suggested applying the current guidance for students 
attending college to students attending boarding

[[Page 42580]]

schools. In the past, students at boarding schools were counted at 
their parental home, while college students living away from their 
parental home while attending school were counted at the on-campus or 
off-campus residence where they lived and slept most of the time. The 
commenter noted that for foreign students attending boarding school, 
the school is their usual residence most of the year, and their parents 
live overseas. Therefore, these students likely were not counted under 
the 2010 guidance, even though they reside in the United States most of 
the year, because they do not have a parental home in the United 
States.
    Census Bureau Response: The Census Bureau has historically counted 
boarding school students at their parental home, and has determined 
that it will continue doing so because of the students' age and 
dependency on their parents, and the likelihood that they would return 
to their parents' residence when they are not attending their boarding 
school (e.g., weekends, summer/winter breaks, and when they stop 
attending the school).

5. Comments on Specific Wording of the ``Residence Rule and Residence 
Situations''

    One letter commented on the specific wording of the residence 
criteria and four residence situations. The letter focused on people 
who experience homelessness in nontraditional ways, avoid shelters, and 
instead stay with family, friends, or acquaintances.
(a) Residence Criteria
    The comment was to add a fourth bullet (in addition to the three 
bullets that we already use to present the three main principles of the 
residence criteria, as shown in section D of this document) with 
language to make it clear where people experiencing homelessness, who 
are not in a shelter or facility, are counted.
    Census Bureau Response: The Census Bureau has determined that the 
current wording of the residence criteria will be retained, because 
they are purposely written to broadly encapsulate all residence 
situations in a succinct way, and it is consistent with the requirement 
to count people at their usual residence, as originally prescribed by 
the Census Act of 1790. However, in section B.5.d of this document, the 
Census Bureau proposes an addition to the residence situations in order 
to provide more clarity on where people who are experiencing 
homelessness are counted.
(b) Visitors on Census Day
    The commenter suggested eliminating the ``Visitors on Census Day'' 
residence situation and merging it into the ``People Away From Their 
Usual Residence on Census Day'' situation. The commenter was concerned 
that the way the situation was described in the 2010 documentation 
implied that that `visitors' had another home to return to, which is 
not the case for visitors who are experiencing homelessness.
    Census Bureau Response: The Census Bureau has determined that it 
will retain the separate ``Visitors on Census Day'' situation, but 
proposes removing the phrase ``who will return to their usual 
residence'' from the description. Additionally, the following sentence 
would be added to the end of the situation wording to further clarify 
that not all visitors have another home to return to: ``If they do not 
have a usual residence to return to, they are counted where they are 
staying on Census Day.''
(c) People Who Live in More Than One Place
    This commenter also suggested changing the 2010 wording for the 
category title ``People Who Live in More Than One Place'' to ``People 
With Multiple Residences.'' The examples in this category were not 
intended to address people experiencing homelessness. However, the 
commenter noted that people experiencing homelessness might stay in a 
different place from night to night, and therefore could also be 
interpreted as ``People Who Live in More Than One Place.''
    Census Bureau Response: The Census Bureau was concerned that the 
commenter's suggested category title of ``People with Multiple 
Residences,'' might also wrongly be interpreted as applying only to 
people who own multiple residences. Therefore, the Census Bureau 
proposes to change the category title to ``People Who Live or Stay in 
More Than One Place.''
(d) People Without a Usual Residence
    The commenter also suggested adding a residence situation for 
``couch-surfers, youth experiencing homelessness, or other people 
staying in your residence for short or indefinite periods of time'' to 
the ``People Without a Usual Residence'' category. The commenter 
believed that the examples included in this category in 2010 only 
addressed the more typical conception of homelessness (e.g., people at 
soup kitchens or at non-sheltered outdoor locations), which does not 
align with how many other people experience homelessness in less 
recognized ways.
    Census Bureau Response: The Census Bureau proposes to add a 
residence situation description to a new category called ``People in 
Shelters and People Experiencing Homelessness,'' which clarifies where 
people are counted if they are experiencing homelessness and staying 
with friends or other people for short or indefinite periods of time 
(see section D.21.f of this document for exact wording).
(e) Nonrelatives of the Householder
    Finally, the commenter suggested adding the same new situation, 
``couch-surfers, youth experiencing homelessness, or other people 
staying in your residence for short or indefinite periods of time'' to 
the ``Nonrelatives of the Householder'' category.
    Census Bureau Response: The Census Bureau proposes to address this 
comment by adding a situation for ``Other nonrelatives, such as 
friends'' to this category. Additionally, the Census Bureau proposes 
changing the title of this category from ``Nonrelatives of the 
Householder'' to ``Relatives and Nonrelatives'' and adding some 
situations that address relatives frequently missed or counted in the 
wrong place during the Census.

6. Other Comments

    Three of the comments received did not address the residence 
criteria directly, nor did they address any particular residence 
situation.
(a) Clear Communication on the Residence Criteria and Residence 
Situations
    One commenter suggested applying and communicating the residence 
criteria consistently across the country and cited the need for sound 
training for 2020 Census field workers, clear communication to 2020 
Census partners and the public, and a ``designated point-of-contact for 
residence determination.''
    Census Bureau Response: The Census Bureau is proposing many changes 
to the language and organization of the residence criteria and 
residence situations documentation to assist people in interpreting the 
criteria. However, issues related to training staff and the structure 
of specific 2020 Census operations are out of scope for this document.
(b) Questionnaire Content and Tabulations
    One comment requested that the Census Bureau revisit the 2010 
Individual Census Report (ICR) questions related to collecting 
information about where else the respondent might live or stay, and

[[Page 42581]]

making it more consistent with the household Census questionnaire. A 
second comment encouraged the Census Bureau to produce summary file 
tabulations based on the answers to the ``Does Person [X] sometimes 
live or stay somewhere else?'' question, arguing that it would ``help 
facilitate the best interpretation and use of decennial census data at 
the state and local level.''
    Census Bureau Response: These comments are out of scope for this 
document.

C. Proposed Changes to the ``2020 Census Residence Rule and Residence 
Situations''

    Most of the provisions regarding where people are counted, which 
are described in the proposed ``2020 Census Residence Rule and 
Residence Situations'' (section D of this document), would remain 
unchanged from those that were used for the 2010 Census. Therefore, 
this section C of this document will help the reader by providing a 
brief description of each of the proposed changes to where people are 
counted. All other changes to the proposed wording and/or presentation 
of the residence criteria and residence situations, as compared to how 
they were written for the 2010 Census, would be made in order to 
provide more clarity or to document provisions that were not explicitly 
stated in the past. (In other words, any differences between the 2010 
and proposed 2020 Census residence criteria and situations documents 
that are not explained in section C of this document are only 
clarifications, rather than actual changes to the residence criteria or 
to where people would be counted in the decennial census.)

1. Federally Affiliated Overseas

(a) Military and Civilian Employees of the U.S. Government Who Are 
Deployed Overseas
    For the 2010 Census, military and civilian employees of the U.S. 
Government who were deployed or stationed/assigned outside the United 
States (and their dependents living with them outside the United 
States) were counted (using administrative data) in their home state 
for apportionment purposes only. For the 2020 Census, there would be no 
change to how the Census Bureau counts the military and civilian 
Federal employees who are stationed or assigned outside the United 
States. However, there would be a change for deployed personnel, such 
that military and civilian employees of the U.S. Government who are 
deployed outside the United States (while stationed or assigned in the 
United States) would be counted at their usual residence in the United 
States and included in all 2020 Census data products (rather than only 
the apportionment counts). This change seeks to count deployed 
personnel in a way that is more consistent with the concept of usual 
residence, based on the short duration of most deployments and the fact 
that the personnel will return to their usual residence where they are 
stationed or assigned in the United States after their temporary 
deployment ends. More details about the considerations for this change 
can be found in section B of this document.
(b) Military and Civilian Employees of the U.S. Government Who Are Non-
Citizens and Are Deployed or Stationed/Assigned Overseas
    The ``2010 Census Residence Rule and Residence Situations'' were 
not clearly consistent regarding whether citizenship was a criterion 
for being included in the federally affiliated overseas population. The 
wording of the residence situation for military personnel overseas did 
not specify any citizenship criteria. However, the wording for Federal 
civilian employees overseas did specifically refer to U.S. citizens 
only, and the operational plan for the 2010 Census Federally Affiliated 
Overseas Count specified that both military and civilian employees of 
the U.S. Government who were non-citizens were excluded from the 
overseas counts, despite the fact that non-citizens were included in 
the stateside population.
    After the 2010 Census, the operational assessment report for the 
Federally Affiliated Overseas Count recommended that the ``2020 Census 
Residence Rule and Residence Situations'' should make the guidance 
regarding citizenship clear and consistent not only across both 
military and civilian employees overseas, but also across the overseas 
and stateside populations. When considering such a change, the Census 
Bureau concluded that the rationales that are used for including the 
federally affiliated overseas population in the decennial census (e.g., 
that they are temporarily away in service to our country's government) 
are equally applicable to citizens and non-citizens alike. Therefore, 
for the 2020 Census, military and civilian employees of the U.S. 
Government who are deployed or stationed/assigned overseas and are not 
U.S. citizens (but must be legal U.S. residents to meet the 
requirements for federal employment) would be included in the Federally 
Affiliated Overseas Count (which would follow the guidelines for 
deployed and stationed/assigned military personnel that are described 
in section C.1.a of this document).

2. Crews of U.S. Flag Maritime/Merchant Vessels

    For the 2010 Census, crews of U.S. flag maritime/merchant vessels 
were counted based on where the vessel was located on Census Day. If 
the vessel was docked in a U.S. port or sailing from one U.S. port to 
another U.S. port, then the crewmembers were counted at their onshore 
usual residence in the United States. (Or if they had no onshore usual 
residence, they were counted at the vessel's U.S. port of departure.) 
Otherwise, the crewmembers were not counted in the census if the vessel 
was sailing from a U.S. port to a foreign port, sailing from a foreign 
port to a U.S. port, sailing from one foreign port to another foreign 
port, or docked in a foreign port.
    For the 2020 Census, there would be no change to how the Census 
Bureau counts crews of U.S. flag maritime/merchant vessels that are 
docked in a U.S. port, sailing from one U.S. port to another U.S. port, 
sailing from one foreign port to another foreign port, or docked in 
foreign port. However, there would be a change for crews of U.S. flag 
maritime/merchant vessels that are sailing from a U.S. port to a 
foreign port or sailing from a foreign port to a U.S. port, such that 
the crewmembers of these vessels would be counted at their onshore 
usual residence in the United States. (Or if they have no onshore usual 
residence, they would be counted at the U.S. port that the vessel is 
sailing to or from.) This change seeks to count crews of U.S. flag 
maritime/merchant vessels in a way that is more consistent with the 
concept of usual residence, based on the fact that mariners sailing 
between U.S. and foreign ports typically have the same pattern of usual 
residence as mariners sailing between two U.S. ports (i.e., they retain 
an onshore residence in the United States where they live and sleep 
most of the time).

3. Residential Treatment Centers for Juveniles

    For the 2010 Census, all juveniles staying in residential treatment 
centers for juveniles on Census Day were counted at the facility. For 
the 2020 Census, juveniles staying in this type of facility would be 
counted at a usual home elsewhere if they have one (where they live and 
sleep most of the time around Census Day) and they report a useable 
address for that usual home elsewhere. If they do not have a usual home 
elsewhere, then they would be counted at the facility. This change 
seeks to count juveniles staying in

[[Page 42582]]

residential treatment centers for juveniles in a way that is more 
consistent with the concept of usual residence, based on the short 
average length of stay at this facility type, and the fact that 
juveniles often retain a usual home elsewhere while staying at this 
facility type. More details about the considerations for this change 
can be found in section B of this document.

4. Religious Group Quarters

    For the 2010 Census, people staying in religious group quarters 
were counted at a usual home elsewhere if they had one (where they 
lived and slept most of the time around Census Day) and they reported a 
useable address for that usual home elsewhere. If they did not have a 
usual home elsewhere, then they were counted at the facility. For the 
2020 Census, all people staying in religious group quarters on Census 
Day would be counted at the facility.

D. The Proposed ``2020 Census Residence Rule and Residence Situations''

    The Residence Rule is used to determine where people are counted 
during the 2020 Census. The Rule says:
     Count people at their usual residence, which is the place 
where they live and sleep most of the time.
     People in certain types of group facilities on Census Day 
are counted at the group facility.
     People who do not have a usual residence, or who cannot 
determine a usual residence, are counted where they are on Census Day.
    The following sections describe how the Residence Rule applies to 
certain living situations for which people commonly request 
clarification.

1. PEOPLE AWAY FROM THEIR USUAL RESIDENCE ON CENSUS DAY

    (a) People away from their usual residence on Census Day, such as 
on a vacation or a business trip, visiting, traveling outside the U.S., 
or working elsewhere without a usual residence there (for example, as a 
truck driver or traveling salesperson)--Counted at the residence where 
they live and sleep most of the time.

2. VISITORS ON CENSUS DAY

    (a) Visitors on Census Day--Counted at the residence where they 
live and sleep most of the time. If they do not have a usual residence 
to return to, they are counted where they are staying on Census Day.

3. FOREIGN CITIZENS IN THE U.S.

    (a) Citizens of foreign countries living in the U.S.--Counted at 
the U.S. residence where they live and sleep most of the time.
    (b) Citizens of foreign countries living in the U.S. who are 
members of the diplomatic community--Counted at the embassy, consulate, 
United Nations' facility, or other residences where diplomats live.
    (c) Citizens of foreign countries visiting the U.S., such as on a 
vacation or business trip--Not counted in the census.

4. PEOPLE LIVING OUTSIDE THE U.S.

    (a) People deployed outside the U.S.\6\ on Census Day (while 
stationed or assigned in the U.S.) who are military or civilian 
employees of the U.S. Government--Counted at the U.S. residence where 
they live and sleep most of the time, using administrative data 
provided by federal agencies.\7\
---------------------------------------------------------------------------

    \6\ In this document, ``Outside the U.S.'' and ``foreign port'' 
are defined as being anywhere outside the geographical area of the 
50 United States and the District of Columbia. Therefore, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, the Pacific 
Island Areas (American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands), and all foreign countries are considered 
to be ``outside the U.S.'' Conversely, ``stateside,'' ``U.S. 
homeport,'' and ``U.S. port'' are defined as being anywhere in the 
50 United States and the District of Columbia.
    \7\ Military and civilian employees of the U.S. Government who 
are deployed or stationed/assigned outside the U.S. (and their 
dependents living with them outside the U.S.) are counted using 
administrative data provided by the Department of Defense and the 
other Federal agencies that employ them. If they are deployed 
outside the U.S. (while stationed/assigned in the U.S.), the 
administrative data are used to count them at their usual residence 
in the U.S. Otherwise, if they are stationed/assigned outside the 
U.S., the administrative data are used to count them (and their 
dependents living with them outside the U.S.) in their home state 
for apportionment purposes only.
---------------------------------------------------------------------------

    (b) People stationed or assigned outside the U.S. on Census Day who 
are military or civilian employees of the U.S. Government, as well as 
their dependents living with them outside the U.S.--Counted as part of 
the U.S. federally affiliated overseas population, using administrative 
data provided by federal agencies.
    (c) People living outside the U.S. on Census Day who are not 
military or civilian employees of the U.S. Government and are not 
dependents living with military or civilian employees of the U.S. 
Government--Not counted in the stateside census.

5. PEOPLE WHO LIVE OR STAY IN MORE THAN ONE PLACE

    (a) People living away most of the time while working, such as 
people who live at a residence close to where they work and return 
regularly to another residence--Counted at the residence where they 
live and sleep most of the time. If they cannot determine a place where 
they live most of the time, they are counted where they are staying on 
Census Day.
    (b) People who live or stay at two or more residences (during the 
week, month, or year), such as people who travel seasonally between 
residences (for example, snowbirds)--Counted at the residence where 
they live and sleep most of the time. If they cannot determine a place 
where they live most of the time, they are counted where they are 
staying on Census Day.
    (c) Children in shared custody or other arrangements who live at 
more than one residence--Counted at the residence where they live and 
sleep most of the time. If they cannot determine a place where they 
live most of the time, they are counted where they are staying on 
Census Day.

6. PEOPLE MOVING INTO OR OUT OF A RESIDENCE AROUND CENSUS DAY

    (a) People who move into a new residence on or before Census Day--
Counted at the new residence where they are living on Census Day.
    (b) People who move out of a residence on Census Day and do not 
move into a new residence until after Census Day--Counted at the old 
residence where they were living on Census Day.
    (c) People who move out of a residence before Census Day and do not 
move into a new residence until after Census Day--Counted at the 
residence where they are staying on Census Day.

7. PEOPLE WHO ARE BORN OR WHO DIE AROUND CENSUS DAY

    (a) Babies born on or before Census Day--Counted at the residence 
where they will live and sleep most of the time, even if they are still 
in a hospital on Census Day.
    (b) Babies born after Census Day--Not counted in the census.
    (c) People who die before Census Day--Not counted in the census.
    (d) People who die on or after Census Day--Counted at the residence 
where they were living and sleeping most of the time as of Census Day.

8. RELATIVES AND NONRELATIVES

    (a) Babies and children of all ages, including biological, step, 
and adopted children, as well as grandchildren--Counted at the 
residence where they live and sleep most of the time. If they cannot 
determine a place where they live most of the time, they are counted 
where they

[[Page 42583]]

are staying on Census Day. (Only count babies born on or before Census 
Day.)
    (b) Foster children--Counted at the residence where they live and 
sleep most of the time. If they cannot determine a place where they 
live most of the time, they are counted where they are staying on 
Census Day.
    (c) Spouses and close relatives, such as parents or siblings--
Counted at the residence where they live and sleep most of the time. If 
they cannot determine a place where they live most of the time, they 
are counted where they are staying on Census Day.
    (d) Extended relatives, such as grandparents, nieces/nephews, 
aunts/uncles, cousins, or in-laws--Counted at the residence where they 
live and sleep most of the time. If they cannot determine a place where 
they live most of the time, they are counted where they are staying on 
Census Day.
    (e) Unmarried partners--Counted at the residence where they live 
and sleep most of the time. If they cannot determine a place where they 
live most of the time, they are counted where they are staying on 
Census Day.
    (f) Housemates or roommates--Counted at the residence where they 
live and sleep most of the time. If they cannot determine a place where 
they live most of the time, they are counted where they are staying on 
Census Day.
    (g) Roomers or boarders--Counted at the residence where they live 
and sleep most of the time. If they cannot determine a place where they 
live most of the time, they are counted where they are staying on 
Census Day.
    (h) Live-in employees, such as caregivers or domestic workers--
Counted at the residence where they live and sleep most of the time. If 
they cannot determine a place where they live most of the time, they 
are counted where they are staying on Census Day.
    (i) Other nonrelatives, such as friends--Counted at the residence 
where they live and sleep most of the time. If they cannot determine a 
place where they live most of the time, they are counted where they are 
staying on Census Day.

9. PEOPLE IN RESIDENTIAL SCHOOL-RELATED FACILITIES

    (a) Boarding school students living away from their parents' or 
guardians' home while attending boarding school below the college 
level, including Bureau of Indian Affairs boarding schools--Counted at 
their parents' or guardians' home.
    (b) Students in residential schools for people with disabilities on 
Census Day--Counted at the school.
    (c) Staff members living at boarding schools or residential schools 
for people with disabilities on Census Day--Counted at the residence 
where they live and sleep most of the time. If they do not have a usual 
home elsewhere, they are counted at the school.

10. COLLEGE STUDENTS (and Staff Living in College Housing)

    (a) College students living at their parents' or guardians' home 
while attending college in the U.S.--Counted at their parents' or 
guardians' home.
    (b) College students living away from their parents' or guardians' 
home while attending college in the U.S. (living either on-campus or 
off-campus)--Counted at the on-campus or off-campus residence where 
they live and sleep most of the time. If they are living in college/
university student housing (such as dormitories or residence halls) on 
Census Day, they are counted at the college/university student housing.
    (c) College students living away from their parents' or guardians' 
home while attending college in the U.S. (living either on-campus or 
off-campus) but staying at their parents' or guardians' home while on 
break or vacation--Counted at the on-campus or off-campus residence 
where they live and sleep most of the time. If they are living in 
college/university student housing (such as dormitories or residence 
halls) on Census Day, they are counted at the college/university 
student housing.
    (d) College students who are U.S. citizens living outside the U.S. 
while attending college outside the U.S.--Not counted in the stateside 
census.
    (e) College students who are foreign citizens living in the U.S. 
while attending college in the U.S. (living either on-campus or off-
campus)--Counted at the on-campus or off-campus U.S. residence where 
they live and sleep most of the time. If they are living in college/
university student housing (such as dormitories or residence halls) on 
Census Day, they are counted at the college/university student housing.
    (f) Staff members living in college/university student housing 
(such as dormitories or residence halls) on Census Day--Counted at the 
residence where they live and sleep most of the time. If they do not 
have a usual home elsewhere, they are counted at the college/university 
student housing.

11. PEOPLE IN HEALTH CARE FACILITIES

    (a) People in general or Veterans Affairs hospitals (except 
psychiatric units) on Census Day, including newborn babies still in the 
hospital on Census Day--Counted at the residence where they live and 
sleep most of the time. Newborn babies are counted at the residence 
where they will live and sleep most of the time. If patients or staff 
members do not have a usual home elsewhere, they are counted at the 
hospital.
    (b) People in mental (psychiatric) hospitals and psychiatric units 
in other hospitals (where the primary function is for long-term non-
acute care) on Census Day--Patients are counted at the facility. Staff 
members are counted at the residence where they live and sleep most of 
the time. If staff members do not have a usual home elsewhere, they are 
counted at the facility.
    (c) People in assisted living facilities \8\ where care is provided 
for individuals who need help with the activities of daily living but 
do not need the skilled medical care that is provided in a nursing 
home--Residents and staff members are counted at the residence where 
they live and sleep most of the time.
---------------------------------------------------------------------------

    \8\ Nursing facilities/skilled-nursing facilities, in-patient 
hospice facilities, assisted living facilities, and housing intended 
for older adults may coexist within the same entity or organization 
in some cases. For example, an assisted living facility may have a 
skilled-nursing floor or wing that meets the nursing facility 
criteria, which means that specific floor or wing is counted 
according to the guidelines for nursing facilities/skilled-nursing 
facilities, while the rest of the living quarters in that facility 
are counted according to the guidelines for assisted living 
facilities.
---------------------------------------------------------------------------

    (d) People in nursing facilities/skilled-nursing facilities (which 
provide long-term non-acute care) on Census Day--Patients are counted 
at the facility. Staff members are counted at the residence where they 
live and sleep most of the time. If staff members do not have a usual 
home elsewhere, they are counted at the facility.
    (e) People staying at in-patient hospice facilities on Census Day--
Counted at the residence where they live and sleep most of the time. If 
patients or staff members do not have a usual home elsewhere, they are 
counted at the facility.

12. PEOPLE IN HOUSING FOR OLDER ADULTS

    (a) People in housing intended for older adults, such as active 
adult communities, independent living, senior apartments, or retirement

[[Page 42584]]

communities--Residents and staff members are counted at the residence 
where they live and sleep most of the time.

13. U.S. MILITARY PERSONNEL

    (a) U.S. military personnel assigned to military barracks/
dormitories in the U.S. on Census Day--Counted at the military 
barracks/dormitories.
    (b) U.S. military personnel (and dependents living with them) 
living in the U.S. (living either on base or off base) who are not 
assigned to barracks/dormitories on Census Day--Counted at the 
residence where they live and sleep most of the time.
    (c) U.S. military personnel assigned to U.S. military vessels with 
a U.S. homeport on Census Day--Counted at the onshore U.S. residence 
where they live and sleep most of the time. If they have no onshore 
U.S. residence, they are counted at their vessel's homeport.
    (d) People who are active duty patients assigned to a military 
treatment facility in the U.S. on Census Day--Patients are counted at 
the facility. Staff members are counted at the residence where they 
live and sleep most of the time. If staff members do not have a usual 
home elsewhere, they are counted at the facility.
    (e) People in military disciplinary barracks and jails in the U.S. 
on Census Day--Prisoners are counted at the facility. Staff members are 
counted at the residence where they live and sleep most of the time. If 
staff members do not have a usual home elsewhere, they are counted at 
the facility.
    (f) U.S. military personnel who are deployed outside the U.S. 
(while stationed in the U.S.) and are living on or off a military 
installation outside the U.S. on Census Day--Counted at the U.S. 
residence where they live and sleep most of the time, using 
administrative data provided by the Department of Defense.
    (g) U.S. military personnel who are stationed outside the U.S. and 
are living on or off a military installation outside the U.S. on Census 
Day, as well as their dependents living with them outside the U.S.--
Counted as part of the U.S. federally affiliated overseas population, 
using administrative data provided by the Department of Defense.
    (h) U.S. military personnel assigned to U.S. military vessels with 
a homeport outside the U.S. on Census Day--Counted as part of the U.S. 
federally affiliated overseas population, using administrative data 
provided by the Department of Defense.

14. MERCHANT MARINE PERSONNEL ON U.S. FLAG MARITIME/MERCHANT VESSELS

    (a) Crews of U.S. flag maritime/merchant vessels docked in a U.S. 
port, sailing from one U.S. port to another U.S. port, sailing from a 
U.S. port to a foreign port, or sailing from a foreign port to a U.S. 
port on Census Day--Counted at the onshore U.S. residence where they 
live and sleep most of the time. If they have no onshore U.S. 
residence, they are counted at their vessel. If the vessel is docked in 
a U.S. port, sailing from a U.S. port to a foreign port, or sailing 
from a foreign port to a U.S. port, crewmembers with no onshore U.S. 
residence are counted at the U.S. port. If the vessel is sailing from 
one U.S. port to another U.S. port, crewmembers with no onshore U.S. 
residence are counted at the port of departure.
    (b) Crews of U.S. flag maritime/merchant vessels engaged in U.S. 
inland waterway transportation on Census Day--Counted at the onshore 
U.S. residence where they live and sleep most of the time.
    (c) Crews of U.S. flag maritime/merchant vessels docked in a 
foreign port or sailing from one foreign port to another foreign port 
on Census Day--Not counted in the stateside census.

15. PEOPLE IN CORRECTIONAL FACILITIES FOR ADULTS

    (a) People in federal and state prisons on Census Day--Prisoners 
are counted at the facility. Staff members are counted at the residence 
where they live and sleep most of the time. If staff members do not 
have a usual home elsewhere, they are counted at the facility.
    (b) People in local jails and other municipal confinement 
facilities on Census Day--Prisoners are counted at the facility. Staff 
members are counted at the residence where they live and sleep most of 
the time. If staff members do not have a usual home elsewhere, they are 
counted at the facility.
    (c) People in federal detention centers on Census Day, such as 
Metropolitan Correctional Centers, Metropolitan Detention Centers, 
Bureau of Indian Affairs Detention Centers, Immigration and Customs 
Enforcement (ICE) Service Processing Centers, and ICE contract 
detention facilities--Prisoners are counted at the facility. Staff 
members are counted at the residence where they live and sleep most of 
the time. If staff members do not have a usual home elsewhere, they are 
counted at the facility.
    (d) People in correctional residential facilities on Census Day, 
such as halfway houses, restitution centers, and prerelease, work 
release, and study centers--Residents are counted at the facility. 
Staff members are counted at the residence where they live and sleep 
most of the time. If staff members do not have a usual home elsewhere, 
they are counted at the facility.

16. PEOPLE IN GROUP HOMES AND RESIDENTIAL TREATMENT CENTERS FOR ADULTS

    (a) People in group homes intended for adults (non-correctional) on 
Census Day--Residents are counted at the facility. Staff members are 
counted at the residence where they live and sleep most of the time. If 
staff members do not have a usual home elsewhere, they are counted at 
the facility.
    (b) People in residential treatment centers for adults (non-
correctional) on Census Day--Counted at the residence where they live 
and sleep most of the time. If residents or staff members do not have a 
usual home elsewhere, they are counted at the facility.

17. PEOPLE IN JUVENILE FACILITIES

    (a) People in correctional facilities intended for juveniles on 
Census Day--Juvenile residents are counted at the facility. Staff 
members are counted at the residence where they live and sleep most of 
the time. If staff members do not have a usual home elsewhere, they are 
counted at the facility.
    (b) People in group homes for juveniles (non-correctional) on 
Census Day--Juvenile residents are counted at the facility. Staff 
members are counted at the residence where they live and sleep most of 
the time. If staff members do not have a usual home elsewhere, they are 
counted at the facility.
    (c) People in residential treatment centers for juveniles (non-
correctional) on Census Day--Counted at the residence where they live 
and sleep most of the time. If juvenile residents or staff members do 
not have a usual home elsewhere, they are counted at the facility.

18. PEOPLE IN TRANSITORY LOCATIONS

    (a) People at transitory locations such as recreational vehicle 
(RV) parks, campgrounds, hotels and motels (including those on military 
sites), hostels, marinas, racetracks, circuses, or carnivals--Anyone, 
including staff members, staying at the

[[Page 42585]]

transitory location are counted at the residence where they live and 
sleep most of the time. If they do not have a usual home elsewhere, or 
they cannot determine a place where they live most of the time, they 
are counted at the transitory location.

19. PEOPLE IN WORKERS' RESIDENTIAL FACILITIES

    (a) People in workers' group living quarters and Job Corps Centers 
on Census Day--Counted at the residence where they live and sleep most 
of the time. If residents or staff members do not have a usual home 
elsewhere, they are counted at the facility.

20. PEOPLE IN RELIGIOUS-RELATED RESIDENTIAL FACILITIES

    (a) People in religious group quarters, such as convents and 
monasteries, on Census Day--Counted at the facility.

21. PEOPLE IN SHELTERS AND PEOPLE EXPERIENCING HOMELESSNESS

    (a) People in domestic violence shelters on Census Day--People 
staying at the shelter (who are not staff) are counted at the shelter. 
Staff members are counted at the residence where they live and sleep 
most of the time. If staff members do not have a usual home elsewhere, 
they are counted at the shelter.
    (b) People who, on Census Day, are in temporary group living 
quarters established for victims of natural disasters--Anyone, 
including staff members, staying at the facility are counted at the 
residence where they live and sleep most of the time. If they do not 
have a usual home elsewhere, they are counted at the facility.
    (c) People who, on Census Day, are in emergency and transitional 
shelters with sleeping facilities for people experiencing 
homelessness--People staying at the shelter (who are not staff) are 
counted at the shelter. Staff members are counted at the residence 
where they live and sleep most of the time. If staff members do not 
have a usual home elsewhere, they are counted at the shelter.
    (d) People who, on Census Day, are at soup kitchens and regularly 
scheduled mobile food vans that provide food to people experiencing 
homelessness--Counted at the residence where they live and sleep most 
of the time. If they do not have a usual home elsewhere, they are 
counted at the soup kitchen or mobile food van location where they are 
on Census Day.
    (e) People who, on Census Day, are at targeted non-sheltered 
outdoor locations where people experiencing homelessness stay without 
paying--Counted at the outdoor location where they are on Census Day.
    (f) People who, on Census Day, are temporarily displaced or 
experiencing homelessness and are staying in a residence for a short or 
indefinite period of time--Counted at the residence where they live and 
sleep most of the time. If they cannot determine a place where they 
live most of the time, they are counted where they are staying on 
Census Day.

    Dated: June 23, 2016.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2016-15372 Filed 6-29-16; 8:45 am]
 BILLING CODE 3510-07-P