81_FR_42703 81 FR 42577 - Proposed 2020 Census Residence Criteria and Residence Situations

81 FR 42577 - Proposed 2020 Census Residence Criteria and Residence Situations

DEPARTMENT OF COMMERCE
Bureau of the Census

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42577-42585
FR Document2016-15372

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.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42577-42585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15372]


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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.

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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.
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    \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.
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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.
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    \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.
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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.
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    \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.
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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.
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    \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.
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    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.
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    \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.
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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



                                                                           Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules                                                     42577

                                                  Parker at RulemakingEAs@ee.doe.gov or                   included with the criteria to illustrate               personnel, and people who live in
                                                  by telephone at (240) 562–1645. The                     how the criteria are applied.                          workers’ dormitories.
                                                  draft environmental assessment also is                  DATES: To ensure consideration,
                                                                                                                                                                    Applying the usual residence concept
                                                  available for viewing in the Golden                     comments must be received by August                    to real living situations means that
                                                  Public Reading Room at:                                 1, 2016.                                               people will not always be counted at the
                                                  www.energy.gov/node/1840021.                                                                                   place where they happen to be staying
                                                                                                          ADDRESSES: Direct all written comments                 on Census Day (April 1, 2020) or at the
                                                  SUPPLEMENTARY INFORMATION: DOE has
                                                                                                          regarding the proposed ‘‘2020 Census                   time they complete their census
                                                  published a notice of proposed                          Residence Rule and Residence
                                                  rulemaking in the Federal Register                                                                             questionnaire. For example, some of the
                                                                                                          Situations’’ to Karen Humes, Chief,                    ways that the Census Bureau applies the
                                                  pertaining to energy efficiency for                     Population Division, U.S. Census
                                                  manufactured housing. 81 FR 39756                                                                              concept of usual residence include the
                                                                                                          Bureau, Room 6H174, Washington, DC                     following:
                                                  (June 17, 2016). Pursuant to the National
                                                  Environmental Policy Act (NEPA) of
                                                                                                          20233; or Email [POP.2020.Residence                       • People who are away from their
                                                                                                          .Rule@census.gov].                                     usual residence while on vacation or on
                                                  1969 (42 U.S.C. 4321 et seq.), DOE EERE
                                                  has prepared a draft environmental                      FOR FURTHER INFORMATION CONTACT:                       a business trip on Census Day are
                                                  assessment (EA) to evaluate the                         Population and Housing Programs                        counted at their usual residence.
                                                                                                          Branch, U.S. Census Bureau, 6H185,                        • People who live at more than one
                                                  environmental impacts of this proposed
                                                                                                          Washington, DC 20233, telephone (301)                  residence during the week, month, or
                                                  action. DOE is seeking public comment
                                                                                                          763–2381; or Email [POP.2020                           year are counted at the place where they
                                                  on the environmental issues addressed
                                                                                                          .Residence.Rule@census.gov].                           live most of the time.
                                                  in the EA. In conjunction with issuance                                                                           • People without a usual residence
                                                  of this draft EA for public review and                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 are counted where they are staying on
                                                  comment, DOE is issuing a request for                                                                          Census Day.
                                                                                                          A. Background
                                                  information that will help it analyze                                                                             • People in certain types of group
                                                  potential impacts on indoor air quality                    The U.S. Census Bureau is committed                 facilities 1 on Census Day are counted at
                                                  (IAQ) from the proposed energy                          to counting every person in the 2020                   the group facility.
                                                  conservation standards, in particular                   Census once, only once, and in the right
                                                  sealing manufactured homes tighter.                     place. The fundamental reason that the                 2. Reviewing the ‘‘2020 Census
                                                     Statutory Authority: National                        decennial census is conducted is to                    Residence Rule and Residence
                                                  Environmental Policy Act (NEPA) (42                     fulfill the Constitutional requirement                 Situations’’
                                                  U.S.C. 4321 et seq.).                                   (Article I, Section 2) to apportion the                   Every decade, the Census Bureau
                                                    Issued in Golden, CO, on June 21, 2016.               seats in the U.S. House of                             undertakes a review of the ‘‘Residence
                                                  Robin L. Sweeney,
                                                                                                          Representatives among the states. Thus,                Rule and Residence Situations’’ to
                                                                                                          for a fair and equitable apportionment,                ensure that the concept of usual
                                                  Director, Environment, Safety and Health
                                                  Office, Office of Energy Efficiency and
                                                                                                          it is crucial that the Census Bureau                   residence is interpreted and applied as
                                                  Renewable Energy.                                       counts everyone in the right place                     intended in the decennial census, and
                                                  [FR Doc. 2016–15328 Filed 6–29–16; 8:45 am]
                                                                                                          during the decennial census.                           that these interpretations are consistent
                                                                                                             The residence criteria are used to                  with the intent of the Census Act of
                                                  BILLING CODE 6450–01–P
                                                                                                          determine where people are counted                     1790, which was authored by a Congress
                                                                                                          during each decennial census. Specific                 that included many of the framers of the
                                                                                                          residence situations are included with                 U.S. Constitution and directed that
                                                  DEPARTMENT OF COMMERCE                                  the criteria to illustrate how the criteria            people were to be counted at their usual
                                                  Bureau of the Census                                    are applied.                                           residence. This review also serves as an
                                                                                                          1. The Concept of Usual Residence                      opportunity to identify new or changing
                                                  15 CFR Chapter I                                                                                               living situations resulting from societal
                                                                                                             The Census Act of 1790 established                  change, and to create or revise the
                                                  [Docket Number 160526465–6465–01]                       the concept of ‘‘usual residence’’ as the              guidance regarding those situations in a
                                                                                                          main principle in determining where                    way that is consistent with the concept
                                                  Proposed 2020 Census Residence                          people were to be counted, and this
                                                  Criteria and Residence Situations                                                                              of usual residence.
                                                                                                          concept has been followed in all                          This decade, as part of the review, the
                                                  AGENCY:  Bureau of the Census,                          subsequent censuses. ‘‘Usual residence’’               Census Bureau requested public
                                                  Department of Commerce.                                 has been defined as the place where a                  comment on the ‘‘2010 Census
                                                  ACTION: Proposed criteria and request for
                                                                                                          person lives and sleeps most of the time.              Residence Rule and Residence
                                                  comment.                                                This place is not necessarily the same as              Situations’’ through the Federal
                                                                                                          a person’s voting residence or legal                   Register (80 FR 28950) on May 20, 2015,
                                                  SUMMARY:   The Bureau of the Census                     residence.                                             to allow the public to recommend any
                                                  (U.S. Census Bureau) is providing                          Determining usual residence is                      changes they would like to be
                                                  notification and requesting comment on                  straightforward for most people.                       considered for the 2020 Census. The
                                                  the proposed ‘‘2020 Census Residence                    However, given our nation’s wide                       Census Bureau received 252 comment
                                                  Rule and Residence Situations.’’ In                     diversity in types of living                           submission letters or emails that
                                                  addition, this document contains a                      arrangements, the concept of usual                     contained 262 total comments. (Some
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                                                  summary of comments received in                         residence has a variety of applications.               comment submissions included
                                                  response to the May 20, 2015, Federal                   Some examples include people                           comments or suggestions on more than
                                                  Register document, as well as the                       experiencing homelessness, people with
                                                  Census Bureau’s responses to those                      a seasonal/second residence, people in                   1 In this document, ‘‘group facilities’’ (referred to

                                                  comments. The residence criteria are                    prisons, people in the process of                      also as ‘‘group quarters’’ (GQ)) are defined as places
                                                                                                                                                                 where people live or stay in group living
                                                  used to determine where people are                      moving, people in hospitals, children in               arrangements, which are owned or managed by an
                                                  counted during each decennial census.                   shared custody arrangements, college                   entity or organization providing housing and/or
                                                  Specific residence situations are                       students, live-in employees, military                  services for the residents.



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                                                  42578                    Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules

                                                  one residence situation.) A summary of                    broader issues: One pertaining to how                 Act of 1790. As noted in section A.1 of
                                                  these comments and the Census                             the residence criteria and situations are             this document, ‘‘usual residence’’ is
                                                  Bureau’s responses are included in                        communicated, one pertaining to how                   defined as the place where a person
                                                  section B of this document.                               field staff is trained on the residence               lives and sleeps most of the time, which
                                                     In addition to the Census Bureau’s                     criteria and situations, and one on how               is not always the same as their legal
                                                  responses to comments that are                            alternative addresses are collected from              residence, voting residence, or where
                                                  described in section B of this document,                  certain types of group facilities.                    they prefer to be counted. Therefore,
                                                  section C provides a summary of each                                                                            counting prisoners anywhere other than
                                                  of the proposed changes to where                          1. Comments on Prisoners
                                                                                                                                                                  the facility would violate the concept of
                                                  people would be counted in the 2020                          Of the 162 comments pertaining to                  usual residence, since the majority of
                                                  Census compared to the 2010 Census.                       prisoners, 156 suggested that prisoners               people in prisons live and sleep most of
                                                  These proposed changes are based on                       should be counted at their home or pre-               the time at the prison.
                                                  the consideration of public comments                      incarceration address. The rationales                    States are responsible for legislative
                                                  received, as well as an internal review                   included in these comments were as                    redistricting. The Census Bureau works
                                                  of the criteria and situations.                           follows:                                              closely with the states and recognizes
                                                     The Census Bureau is requesting                           • Counting prisoners at the prison                 that some states have decided, or may
                                                  public comment on the proposed ‘‘2020                     inaccurately represents the prisoners’                decide in the future, to ‘move’ their
                                                  Census Residence Rule and Residence                       home communities, inflates the political              prisoner population back to the
                                                  Situations’’, as listed in section D of this              power of the area where the prison is                 prisoners’ pre-incarceration addresses
                                                  document. The Census Bureau is                            located, and deflates the political power             for redistricting and other purposes.
                                                  requesting public comment on the                          in the prisoners’ home communities.                   Therefore, following the 2020 Census,
                                                  proposed ‘‘2020 Census Residence Rule                     This distorts the redistricting process.              the Census Bureau plans to offer a
                                                  and Residence Situations,’’ as listed in                     • Counting prisoners away from their               product that states can request, in order
                                                  section D of this document. The Census                    home address goes against the principle               to assist them in their goals of
                                                  Bureau anticipates publishing the final                   of equal representation.                              reallocating their own prisoner
                                                  ‘‘2020 Census Residence Rule and                             • The current residence criteria for               population counts. Any state that
                                                  Residence Situations’’ by the end of                      prisoners is inconsistent with some                   requests this product will be required to
                                                  2016. At that time, the Census Bureau                     states’ laws regarding residency for                  submit a data file (indicating where
                                                  will also respond to the comments                         elections.                                            each prisoner was incarcerated on
                                                  received regarding the proposed ‘‘2020                       • The ‘‘usual residence’’ concept                  Census Day, as well as their pre-
                                                  Census Residence Rule and Residence                       itself should change, as it relates to                incarceration address) in a specified
                                                  Situations.’’                                             incarcerated persons, because the                     format. The Census Bureau will review
                                                                                                            tremendous increase in the number of                  the submitted file and, if it includes the
                                                  B. Summary of Comments Received in                        incarcerated people in the last 30 years,
                                                  Response to a Review of the ‘‘2010                                                                              necessary data, provide a product that
                                                                                                            and the Supreme Court’s support of                    contains supplemental information the
                                                  Census Residence Rule and Residence                       equal representation, warrants a change
                                                  Situations’’                                                                                                    state can use to construct alternative
                                                                                                            in the interpretation of the concept of               within-state tabulations for its own
                                                    On May 20, 2015, the Census Bureau                      ‘‘usual residence.’’                                  purposes. However, the Census Bureau
                                                  published a document in the Federal                          • Prisoners do not interact or
                                                                                                                                                                  will not use the information in this
                                                  Register asking for public comment on                     participate in the civic life of the
                                                                                                                                                                  product to make any changes to the
                                                  the ‘‘2010 Census Residence Rule and                      community where they are incarcerated,
                                                                                                                                                                  official decennial census counts.
                                                  Residence Situations.’’ Of the 262                        are there involuntarily, and generally do                The Census Bureau also plans to
                                                  comments received, 162 pertained to                       not plan to remain in that community                  provide group quarters data after the
                                                  where prisoners 2 are counted, and 87                     upon their release.                                   2020 Census sooner than it was
                                                  pertained to where military personnel                        • One comment stated that inmates in
                                                                                                                                                                  provided after the 2010 Census. For the
                                                  overseas are counted. Two comments                        local jails who are awaiting trial are
                                                                                                                                                                  2010 Census, the Census Bureau
                                                  pertained to people in group homes for                    presumed innocent, and therefore
                                                                                                                                                                  released the Advance Group Quarters
                                                  juveniles, two comments to people in                      should not be counted at the jail.
                                                                                                               Six comments were in support of the                Summary File showing the seven major
                                                  residential treatment centers for                                                                               types of group quarters, including
                                                  juveniles, and one comment to students                    2010 practice of counting prisoners at
                                                                                                            the prison, stating that adjusting                    correctional facilities for adults and
                                                  in boarding schools. Also, one comment                                                                          juvenile facilities. This early 3 release of
                                                  pertained to the residence criteria, and                  prisoners’ locations would be difficult,
                                                                                                            expensive, add unneeded complexity,                   data on the group quarters population
                                                  one comment to each of four other                                                                               was beneficial to many data users,
                                                  residence situations: Visitors on Census                  and would be prone to inaccuracy. Of
                                                                                                            the six comments in support of counting               including those in the redistricting
                                                  Day, people who live in more than one                                                                           community who must consider whether
                                                  place, people without a usual residence,                  prisoners at the prison, one mentioned
                                                                                                            a concern that adjusting the prisoners’               to include or exclude certain
                                                  and nonrelatives of the householder.                                                                            populations when redrawing boundaries
                                                  Finally, three comments covered                           locations could disenfranchise
                                                                                                            minorities in rural areas, and four said              as a result of state legislation. The
                                                    2 The majority of comments received on this topic       that changing the current practice could              Census Bureau is planning to
                                                  used the terms ‘prisoner,’ ‘incarcerated,’ or ‘inmate.’   open the door to future census                        incorporate similar group quarters
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                                                  Although the terminology is not exactly what is           population count adjustments motivated
                                                  used in the residence rule documentation, the                                                                     3 The Advance Group Quarters Summary File was

                                                  context of the comments suggests that they apply          by political gain.                                    released on April 20, 2011, which was earlier than
                                                  to people in federal and state prisons (GQ type 102          Census Bureau Response: The Census                 when that GQ data was originally planned to be
                                                  and 103), local jails and other municipal                 Bureau has determined that the practice               released in the Summary File 1 that was released
                                                  confinement facilities (GQ type 104), and possibly        of counting prisoners at the correctional             on June 16—August 25, 2011. The earlier release
                                                  federal detention centers (GQ type 101). References                                                             made it easier to use these GQ data in conjunction
                                                  in this document to ‘‘prisons,’’ or ‘‘prisoners,’’
                                                                                                            facility for the 2020 Census would be                 with the Redistricting Data (Pub. L. 94–171)
                                                  should be interpreted as referring to all of these GQ     consistent with the concept of usual                  Summary File, which was released on February 3–
                                                  types.                                                    residence, as established by the Census               March 24, 2011.



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                                                                            Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules                                          42579

                                                  information in the standard                               comments may refer to local-level                     count military and civilian employees of
                                                  Redistricting Data (Pub. L. 94–171)                       planning and funding that is normally                 the U.S. Government who are stationed
                                                  Summary File for 2020.                                    determined using the Census resident                  or assigned outside the United States,
                                                                                                            population data (available down to the                and their dependents living with them,
                                                  2. Comments on the Military Overseas
                                                                                                            block level) and not the apportionment                in their home state, for apportionment
                                                     Of the 87 comments received                            counts, which are only available at the               purposes only, using administrative
                                                  pertaining to the military overseas, all                  state level.                                          data provided by the DOD and the other
                                                  suggested that the Census Bureau treat                       To support the argument for counting               federal agencies that employ them.
                                                  military personnel who are temporarily                    deployed military overseas at their
                                                                                                                                                                  3. Comments on Group Homes for
                                                  deployed overseas on a short-term basis                   usual residence in the United States,
                                                                                                                                                                  Juveniles and Residential Treatment
                                                  differently than military personnel who                   one of the 87 commenters compared                     Centers for Juveniles
                                                  are stationed overseas on a more long-                    how the Census Bureau counts U.S.
                                                  term basis. More specifically, these                      military personnel deployed to a land-                   Two comments pertained to group
                                                  comments suggested that military                          based location overseas versus U.S.                   homes for juveniles and two comments
                                                  personnel who are deployed overseas                       military personnel on U.S. military                   to residential treatment centers for
                                                  should be counted at their home base or                   vessels with a U.S. homeport. The                     juveniles. All four of the comments
                                                  port. The commenters also suggested                       ‘‘2010 Census Residence Rule and                      supported counting the juveniles in
                                                  that the Census Bureau work with                          Residence Situations’’ stated that the                these situations at their ‘‘household
                                                  military bases to locate more accurate                    latter are ‘‘counted at the onshore U.S.              residence.’’ One of the commenters on
                                                  administrative records for counting                       residence where they live and sleep                   the group homes and one of the
                                                  deployed military and use                                 most of the time. If they have no                     commenters on the residential treatment
                                                  administrative records to provide                         onshore U.S. residence, they are                      centers further stated that the juveniles
                                                  socioeconomic information on the                          counted at their vessel’s homeport.’’ The             should only be counted at their
                                                  deployed military.                                        commenter argued that this is                         household residence if it is in the same
                                                     In the 2010 Census, the Census                         inconsistent with how the Census                      state as the facility. If the residence is
                                                  Bureau counted all military personnel                     Bureau has counted military personnel                 not in the same state, these two
                                                  deployed or stationed overseas in their                   who are deployed to a land-based                      commenters stated that the juvenile
                                                  ‘home of record’ state for apportionment                  location overseas (while stationed at a               should be counted at the facility. All
                                                  purposes only. Their home of record                       location in the United States), and asked             four commenters argued that counting
                                                  was provided by the Department of                         that all branches of service be treated               juveniles at the facility inflates the
                                                  Defense (DOD), 4 and those state counts                   the same and counted at their residence               political power of the area where the
                                                  were added to the state population                        or home base/port.                                    facility is located and dilutes the
                                                  counts that were used to calculate the                       Census Bureau Response: The Census                 representation of the juveniles’ home
                                                  apportionment of seats for each state in                  Bureau has determined that there is a                 communities.
                                                  the U.S. House of Representatives.                        distinction between personnel who are                    Census Bureau Response: The Census
                                                     The commenters not only indicated                      deployed overseas and those who are                   Bureau reviewed where juveniles in
                                                  that they want military personnel                         stationed or assigned overseas.                       these types of facilities are counted,
                                                  deployed overseas to be counted at their                  Deployments are typically short in                    based on the concept of usual residence.
                                                  ‘‘usual residence,’’ ‘‘last duty station,’’               duration, and the deployed personnel                  Most juveniles living in group homes
                                                  or ‘‘home base or port,’’ (which are                      will be returning to their usual                      are there for long periods of time and do
                                                  inferred to mean the same thing), but                     residence where they are stationed or                 not have a usual home elsewhere. The
                                                  also that they want the Census Bureau                     assigned in the United States after their             group home is where they live and sleep
                                                  to collect all decennial census                           temporary deployment ends. Personnel                  most of the time, so that is their usual
                                                  demographic data on these personnel                       stationed or assigned overseas generally              residence. Conversely, most people in
                                                  and include them in the local                             remain overseas for longer periods of                 residential treatment centers for
                                                  community-level resident population                       time, and often do not return to the                  juveniles only stay at the facility
                                                  counts, rather than only using a basic                    previous stateside location from which                temporarily and often have a usual
                                                  population count of them for                              they left. Therefore, counting deployed               home elsewhere that they return to after
                                                  determining the state-level                               personnel at their usual residence in the             treatment is completed.
                                                                                                                                                                     Based on the considerations described
                                                  apportionment counts. For example,                        United States follows the standard
                                                                                                                                                                  in the previous paragraph, the Census
                                                  many comments referred to the need for                    interpretation of the residence criteria to
                                                                                                                                                                  Bureau has determined that the practice
                                                  counting deployed military in the                         count people at their usual residence if
                                                                                                                                                                  of counting people in group homes for
                                                  communities where they usually reside,                    they are temporarily away for work
                                                                                                                                                                  juveniles at the facility is consistent
                                                  because doing otherwise ‘‘produces                        purposes. This change would provide
                                                                                                                                                                  with the concept of usual residence.
                                                  flawed data that harms funding and                        consistency with how the Census
                                                                                                                                                                  However, for the 2020 Census, the
                                                  planning in military communities.’’                       Bureau counts U.S. military personnel
                                                                                                                                                                  Census Bureau proposes to count people
                                                  Another comment referred to ensuring                      on U.S. military vessels.
                                                                                                               Based on the considerations described              in residential treatment centers for
                                                  ‘‘communities have the needed
                                                                                                            in the previous paragraph, for the 2020               juveniles at the residence where they
                                                  resources to support these soldiers and
                                                                                                            Census, the Census Bureau proposes                    live and sleep most of the time. If they
                                                  their families.’’ These and other
                                                                                                                                                                  do not have a usual home elsewhere,
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                                                                                                            using administrative data from the DOD
                                                    4 Home of record is generally the permanent
                                                                                                            to count deployed personnel at their                  they would be counted at the facility.
                                                  home of the person at the time of entry or re-            usual residence in the United States.5                4. Comment on Boarding Schools
                                                  enlistment into the Armed Forces, as included on
                                                  personnel files. If home of record information was        The Census Bureau would continue to                      One of the comments received was
                                                  not available for a person, the DOD used the                                                                    related to boarding schools. The
                                                  person’s ‘‘legal residence’’ (the residence a member        5 The ability to successfully integrate the DOD

                                                  declares for state income tax withholding                 data on deployed personnel into the resident
                                                                                                                                                                  commenter suggested applying the
                                                  purposes), or thirdly, ‘‘last duty station,’’ to assign   population counts must be evaluated and confirmed     current guidance for students attending
                                                  a home state.                                             prior to the 2020 Census.                             college to students attending boarding


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                                                  42580                   Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules

                                                  schools. In the past, students at                       (b) Visitors on Census Day                                Census Bureau Response: The Census
                                                  boarding schools were counted at their                     The commenter suggested eliminating                 Bureau proposes to add a residence
                                                  parental home, while college students                   the ‘‘Visitors on Census Day’’ residence               situation description to a new category
                                                  living away from their parental home                    situation and merging it into the                      called ‘‘People in Shelters and People
                                                  while attending school were counted at                  ‘‘People Away From Their Usual                         Experiencing Homelessness,’’ which
                                                  the on-campus or off-campus residence                   Residence on Census Day’’ situation.                   clarifies where people are counted if
                                                  where they lived and slept most of the                  The commenter was concerned that the                   they are experiencing homelessness and
                                                  time. The commenter noted that for                      way the situation was described in the                 staying with friends or other people for
                                                  foreign students attending boarding                     2010 documentation implied that that                   short or indefinite periods of time (see
                                                  school, the school is their usual                       ‘visitors’ had another home to return to,              section D.21.f of this document for exact
                                                  residence most of the year, and their                   which is not the case for visitors who                 wording).
                                                  parents live overseas. Therefore, these                 are experiencing homelessness.                         (e) Nonrelatives of the Householder
                                                  students likely were not counted under                     Census Bureau Response: The Census
                                                  the 2010 guidance, even though they                                                                               Finally, the commenter suggested
                                                                                                          Bureau has determined that it will                     adding the same new situation, ‘‘couch-
                                                  reside in the United States most of the                 retain the separate ‘‘Visitors on Census               surfers, youth experiencing
                                                  year, because they do not have a                        Day’’ situation, but proposes removing                 homelessness, or other people staying in
                                                  parental home in the United States.                     the phrase ‘‘who will return to their                  your residence for short or indefinite
                                                     Census Bureau Response: The Census                   usual residence’’ from the description.                periods of time’’ to the ‘‘Nonrelatives of
                                                  Bureau has historically counted                         Additionally, the following sentence                   the Householder’’ category.
                                                  boarding school students at their                       would be added to the end of the                          Census Bureau Response: The Census
                                                  parental home, and has determined that                  situation wording to further clarify that              Bureau proposes to address this
                                                  it will continue doing so because of the                not all visitors have another home to                  comment by adding a situation for
                                                  students’ age and dependency on their                   return to: ‘‘If they do not have a usual               ‘‘Other nonrelatives, such as friends’’ to
                                                  parents, and the likelihood that they                   residence to return to, they are counted               this category. Additionally, the Census
                                                  would return to their parents’ residence                where they are staying on Census Day.’’                Bureau proposes changing the title of
                                                  when they are not attending their                       (c) People Who Live in More Than One                   this category from ‘‘Nonrelatives of the
                                                  boarding school (e.g., weekends,                        Place                                                  Householder’’ to ‘‘Relatives and
                                                  summer/winter breaks, and when they                                                                            Nonrelatives’’ and adding some
                                                                                                             This commenter also suggested
                                                  stop attending the school).                                                                                    situations that address relatives
                                                                                                          changing the 2010 wording for the
                                                                                                                                                                 frequently missed or counted in the
                                                  5. Comments on Specific Wording of the                  category title ‘‘People Who Live in More
                                                                                                                                                                 wrong place during the Census.
                                                  ‘‘Residence Rule and Residence                          Than One Place’’ to ‘‘People With
                                                  Situations’’                                            Multiple Residences.’’ The examples in                 6. Other Comments
                                                                                                          this category were not intended to                        Three of the comments received did
                                                    One letter commented on the specific                  address people experiencing                            not address the residence criteria
                                                  wording of the residence criteria and                   homelessness. However, the commenter                   directly, nor did they address any
                                                  four residence situations. The letter                   noted that people experiencing                         particular residence situation.
                                                  focused on people who experience                        homelessness might stay in a different
                                                  homelessness in nontraditional ways,                    place from night to night, and therefore               (a) Clear Communication on the
                                                  avoid shelters, and instead stay with                   could also be interpreted as ‘‘People                  Residence Criteria and Residence
                                                  family, friends, or acquaintances.                      Who Live in More Than One Place.’’                     Situations
                                                                                                             Census Bureau Response: The Census                     One commenter suggested applying
                                                  (a) Residence Criteria                                  Bureau was concerned that the                          and communicating the residence
                                                     The comment was to add a fourth                      commenter’s suggested category title of                criteria consistently across the country
                                                  bullet (in addition to the three bullets                ‘‘People with Multiple Residences,’’                   and cited the need for sound training for
                                                  that we already use to present the three                might also wrongly be interpreted as                   2020 Census field workers, clear
                                                  main principles of the residence criteria,              applying only to people who own                        communication to 2020 Census partners
                                                  as shown in section D of this document)                 multiple residences. Therefore, the                    and the public, and a ‘‘designated point-
                                                  with language to make it clear where                    Census Bureau proposes to change the                   of-contact for residence determination.’’
                                                  people experiencing homelessness, who                   category title to ‘‘People Who Live or                    Census Bureau Response: The Census
                                                  are not in a shelter or facility, are                   Stay in More Than One Place.’’                         Bureau is proposing many changes to
                                                  counted.                                                (d) People Without a Usual Residence                   the language and organization of the
                                                                                                                                                                 residence criteria and residence
                                                     Census Bureau Response: The Census                      The commenter also suggested adding                 situations documentation to assist
                                                  Bureau has determined that the current                  a residence situation for ‘‘couch-surfers,             people in interpreting the criteria.
                                                  wording of the residence criteria will be               youth experiencing homelessness, or                    However, issues related to training staff
                                                  retained, because they are purposely                    other people staying in your residence                 and the structure of specific 2020
                                                  written to broadly encapsulate all                      for short or indefinite periods of time’’              Census operations are out of scope for
                                                  residence situations in a succinct way,                 to the ‘‘People Without a Usual                        this document.
                                                  and it is consistent with the requirement               Residence’’ category. The commenter
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                                                  to count people at their usual residence,               believed that the examples included in                 (b) Questionnaire Content and
                                                  as originally prescribed by the Census                  this category in 2010 only addressed the               Tabulations
                                                  Act of 1790. However, in section B.5.d                  more typical conception of                               One comment requested that the
                                                  of this document, the Census Bureau                     homelessness (e.g., people at soup                     Census Bureau revisit the 2010
                                                  proposes an addition to the residence                   kitchens or at non-sheltered outdoor                   Individual Census Report (ICR)
                                                  situations in order to provide more                     locations), which does not align with                  questions related to collecting
                                                  clarity on where people who are                         how many other people experience                       information about where else the
                                                  experiencing homelessness are counted.                  homelessness in less recognized ways.                  respondent might live or stay, and


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                                                                          Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules                                            42581

                                                  making it more consistent with the                      stationed or assigned in the United                    assigned military personnel that are
                                                  household Census questionnaire. A                       States) would be counted at their usual                described in section C.1.a of this
                                                  second comment encouraged the Census                    residence in the United States and                     document).
                                                  Bureau to produce summary file                          included in all 2020 Census data
                                                                                                                                                                 2. Crews of U.S. Flag Maritime/
                                                  tabulations based on the answers to the                 products (rather than only the
                                                                                                                                                                 Merchant Vessels
                                                  ‘‘Does Person [X] sometimes live or stay                apportionment counts). This change
                                                  somewhere else?’’ question, arguing that                seeks to count deployed personnel in a                    For the 2010 Census, crews of U.S.
                                                  it would ‘‘help facilitate the best                     way that is more consistent with the                   flag maritime/merchant vessels were
                                                  interpretation and use of decennial                     concept of usual residence, based on the               counted based on where the vessel was
                                                  census data at the state and local level.’’             short duration of most deployments and                 located on Census Day. If the vessel was
                                                     Census Bureau Response: These                        the fact that the personnel will return to             docked in a U.S. port or sailing from one
                                                  comments are out of scope for this                      their usual residence where they are                   U.S. port to another U.S. port, then the
                                                  document.                                               stationed or assigned in the United                    crewmembers were counted at their
                                                                                                          States after their temporary deployment                onshore usual residence in the United
                                                  C. Proposed Changes to the ‘‘2020                       ends. More details about the                           States. (Or if they had no onshore usual
                                                  Census Residence Rule and Residence                     considerations for this change can be                  residence, they were counted at the
                                                  Situations’’                                            found in section B of this document.                   vessel’s U.S. port of departure.)
                                                     Most of the provisions regarding                                                                            Otherwise, the crewmembers were not
                                                                                                          (b) Military and Civilian Employees of                 counted in the census if the vessel was
                                                  where people are counted, which are
                                                                                                          the U.S. Government Who Are Non-                       sailing from a U.S. port to a foreign port,
                                                  described in the proposed ‘‘2020 Census
                                                                                                          Citizens and Are Deployed or Stationed/                sailing from a foreign port to a U.S. port,
                                                  Residence Rule and Residence
                                                                                                          Assigned Overseas                                      sailing from one foreign port to another
                                                  Situations’’ (section D of this
                                                  document), would remain unchanged                          The ‘‘2010 Census Residence Rule                    foreign port, or docked in a foreign port.
                                                  from those that were used for the 2010                  and Residence Situations’’ were not                       For the 2020 Census, there would be
                                                  Census. Therefore, this section C of this               clearly consistent regarding whether                   no change to how the Census Bureau
                                                  document will help the reader by                        citizenship was a criterion for being                  counts crews of U.S. flag maritime/
                                                  providing a brief description of each of                included in the federally affiliated                   merchant vessels that are docked in a
                                                  the proposed changes to where people                    overseas population. The wording of the                U.S. port, sailing from one U.S. port to
                                                  are counted. All other changes to the                   residence situation for military                       another U.S. port, sailing from one
                                                  proposed wording and/or presentation                    personnel overseas did not specify any                 foreign port to another foreign port, or
                                                  of the residence criteria and residence                 citizenship criteria. However, the                     docked in foreign port. However, there
                                                  situations, as compared to how they                     wording for Federal civilian employees                 would be a change for crews of U.S. flag
                                                  were written for the 2010 Census, would                 overseas did specifically refer to U.S.                maritime/merchant vessels that are
                                                  be made in order to provide more clarity                citizens only, and the operational plan                sailing from a U.S. port to a foreign port
                                                  or to document provisions that were not                 for the 2010 Census Federally Affiliated               or sailing from a foreign port to a U.S.
                                                  explicitly stated in the past. (In other                Overseas Count specified that both                     port, such that the crewmembers of
                                                  words, any differences between the                      military and civilian employees of the                 these vessels would be counted at their
                                                  2010 and proposed 2020 Census                           U.S. Government who were non-citizens                  onshore usual residence in the United
                                                  residence criteria and situations                       were excluded from the overseas counts,                States. (Or if they have no onshore usual
                                                  documents that are not explained in                     despite the fact that non-citizens were                residence, they would be counted at the
                                                  section C of this document are only                     included in the stateside population.                  U.S. port that the vessel is sailing to or
                                                                                                             After the 2010 Census, the operational              from.) This change seeks to count crews
                                                  clarifications, rather than actual changes
                                                                                                          assessment report for the Federally                    of U.S. flag maritime/merchant vessels
                                                  to the residence criteria or to where
                                                                                                          Affiliated Overseas Count recommended                  in a way that is more consistent with the
                                                  people would be counted in the
                                                                                                          that the ‘‘2020 Census Residence Rule                  concept of usual residence, based on the
                                                  decennial census.)
                                                                                                          and Residence Situations’’ should make                 fact that mariners sailing between U.S.
                                                  1. Federally Affiliated Overseas                        the guidance regarding citizenship clear               and foreign ports typically have the
                                                                                                          and consistent not only across both                    same pattern of usual residence as
                                                  (a) Military and Civilian Employees of                  military and civilian employees
                                                  the U.S. Government Who Are Deployed                                                                           mariners sailing between two U.S. ports
                                                                                                          overseas, but also across the overseas                 (i.e., they retain an onshore residence in
                                                  Overseas                                                and stateside populations. When                        the United States where they live and
                                                    For the 2010 Census, military and                     considering such a change, the Census                  sleep most of the time).
                                                  civilian employees of the U.S.                          Bureau concluded that the rationales
                                                  Government who were deployed or                         that are used for including the federally              3. Residential Treatment Centers for
                                                  stationed/assigned outside the United                   affiliated overseas population in the                  Juveniles
                                                  States (and their dependents living with                decennial census (e.g., that they are                     For the 2010 Census, all juveniles
                                                  them outside the United States) were                    temporarily away in service to our                     staying in residential treatment centers
                                                  counted (using administrative data) in                  country’s government) are equally                      for juveniles on Census Day were
                                                  their home state for apportionment                      applicable to citizens and non-citizens                counted at the facility. For the 2020
                                                  purposes only. For the 2020 Census,                     alike. Therefore, for the 2020 Census,                 Census, juveniles staying in this type of
                                                  there would be no change to how the                     military and civilian employees of the                 facility would be counted at a usual
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                                                  Census Bureau counts the military and                   U.S. Government who are deployed or                    home elsewhere if they have one (where
                                                  civilian Federal employees who are                      stationed/assigned overseas and are not                they live and sleep most of the time
                                                  stationed or assigned outside the United                U.S. citizens (but must be legal U.S.                  around Census Day) and they report a
                                                  States. However, there would be a                       residents to meet the requirements for                 useable address for that usual home
                                                  change for deployed personnel, such                     federal employment) would be included                  elsewhere. If they do not have a usual
                                                  that military and civilian employees of                 in the Federally Affiliated Overseas                   home elsewhere, then they would be
                                                  the U.S. Government who are deployed                    Count (which would follow the                          counted at the facility. This change
                                                  outside the United States (while                        guidelines for deployed and stationed/                 seeks to count juveniles staying in


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                                                  42582                   Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules

                                                  residential treatment centers for                       residence where they live and sleep                     Counted at the residence where they
                                                  juveniles in a way that is more                         most of the time.                                       live and sleep most of the time. If they
                                                  consistent with the concept of usual                      (b) Citizens of foreign countries                     cannot determine a place where they
                                                  residence, based on the short average                   living in the U.S. who are members                      live most of the time, they are counted
                                                  length of stay at this facility type, and               of the diplomatic community—                            where they are staying on Census Day.
                                                  the fact that juveniles often retain a                  Counted at the embassy, consulate,                         (b) People who live or stay at two
                                                  usual home elsewhere while staying at                   United Nations’ facility, or other                      or more residences (during the
                                                  this facility type. More details about the              residences where diplomats live.                        week, month, or year), such as
                                                  considerations for this change can be                     (c) Citizens of foreign countries                     people who travel seasonally
                                                  found in section B of this document.                    visiting the U.S., such as on a                         between residences (for example,
                                                                                                          vacation or business trip—Not                           snowbirds)—Counted at the residence
                                                  4. Religious Group Quarters                             counted in the census.                                  where they live and sleep most of the
                                                     For the 2010 Census, people staying
                                                  in religious group quarters were counted                4. PEOPLE LIVING OUTSIDE THE U.S. time. If they cannot determine a place
                                                                                                                                                                  where they live most of the time, they
                                                  at a usual home elsewhere if they had                       (a) People deployed outside the                     are counted where they are staying on
                                                  one (where they lived and slept most of                         6
                                                                                                          U.S. on Census Day (while stationed Census Day.
                                                  the time around Census Day) and they                    or assigned in the U.S.) who are                           (c) Children in shared custody or
                                                  reported a useable address for that usual               military or civilian employees of the other arrangements who live at
                                                  home elsewhere. If they did not have a                  U.S. Government—Counted at the U.S. more than one residence—Counted at
                                                  usual home elsewhere, then they were                    residence where they live and sleep                     the residence where they live and sleep
                                                  counted at the facility. For the 2020                   most of the time, using administrative                  most of the time. If they cannot
                                                  Census, all people staying in religious                 data provided by federal agencies.7                     determine a place where they live most
                                                  group quarters on Census Day would be                       (b) People stationed or assigned                    of the time, they are counted where they
                                                  counted at the facility.                                outside the U.S. on Census Day who                      are staying on Census Day.
                                                                                                          are military or civilian employees of
                                                  D. The Proposed ‘‘2020 Census                                                                                   6. PEOPLE MOVING INTO OR OUT OF
                                                                                                          the U.S. Government, as well as
                                                  Residence Rule and Residence                                                                                    A RESIDENCE AROUND CENSUS DAY
                                                                                                          their dependents living with them
                                                  Situations’’
                                                                                                          outside the U.S.—Counted as part of                        (a) People who move into a new
                                                     The Residence Rule is used to                        the U.S. federally affiliated overseas                  residence on or before Census Day—
                                                  determine where people are counted                      population, using administrative data                   Counted at the new residence where
                                                  during the 2020 Census. The Rule says:                  provided by federal agencies.                           they are living on Census Day.
                                                     • Count people at their usual                            (c) People living outside the U.S.                     (b) People who move out of a
                                                  residence, which is the place where                     on Census Day who are not military residence on Census Day and do not
                                                  they live and sleep most of the time.                   or civilian employees of the U.S.                       move into a new residence until
                                                     • People in certain types of group                   Government and are not dependents after Census Day—Counted at the old
                                                  facilities on Census Day are counted at                 living with military or civilian                        residence where they were living on
                                                  the group facility.                                     employees of the U.S. Government—
                                                     • People who do not have a usual                                                                             Census Day.
                                                                                                          Not counted in the stateside census.                       (c) People who move out of a
                                                  residence, or who cannot determine a
                                                  usual residence, are counted where they                 5. PEOPLE WHO LIVE OR STAY IN                           residence before Census Day and do
                                                  are on Census Day.                                      MORE THAN ONE PLACE                                     not move into a new residence until
                                                     The following sections describe how                                                                          after Census Day—Counted at the
                                                                                                              (a) People living away most of the                  residence where they are staying on
                                                  the Residence Rule applies to certain                   time while working, such as people
                                                  living situations for which people                                                                              Census Day.
                                                                                                          who live at a residence close to
                                                  commonly request clarification.                         where they work and return                              7. PEOPLE WHO ARE BORN OR WHO
                                                  1. PEOPLE AWAY FROM THEIR                               regularly to another residence—                         DIE AROUND CENSUS DAY
                                                  USUAL RESIDENCE ON CENSUS DAY                                                                                      (a) Babies born on or before
                                                                                                             6 In this document, ‘‘Outside the U.S.’’ and
                                                     (a) People away from their usual                                                                             Census Day—Counted at the residence
                                                                                                          ‘‘foreign port’’ are defined as being anywhere
                                                  residence on Census Day, such as on                     outside the geographical area of the 50 United
                                                                                                                                                                  where they will live and sleep most of
                                                  a vacation or a business trip,                          States and the District of Columbia. Therefore, the     the time, even if they are still in a
                                                  visiting, traveling outside the U.S.,                   Commonwealth of Puerto Rico, the U.S. Virgin            hospital on Census Day.
                                                                                                          Islands, the Pacific Island Areas (American Samoa,         (b) Babies born after Census Day—
                                                  or working elsewhere without a                          Guam, and the Commonwealth of the Northern
                                                  usual residence there (for example,                     Mariana Islands), and all foreign countries are
                                                                                                                                                                  Not  counted in the census.
                                                  as a truck driver or traveling                          considered to be ‘‘outside the U.S.’’ Conversely,          (c) People who die before Census
                                                  salesperson)—Counted at the                             ‘‘stateside,’’ ‘‘U.S. homeport,’’ and ‘‘U.S. port’’ are Day—Not counted in the census.
                                                  residence where they live and sleep                     defined as being anywhere in the 50 United States          (d) People who die on or after
                                                                                                          and the District of Columbia.                           Census Day—Counted at the residence
                                                  most of the time.                                          7 Military and civilian employees of the U.S.

                                                                                                          Government who are deployed or stationed/
                                                                                                                                                                  where they were living and sleeping
                                                  2. VISITORS ON CENSUS DAY                                                                                       most of the time as of Census Day.
                                                                                                          assigned outside the U.S. (and their dependents
                                                     (a) Visitors on Census Day—                          living with them outside the U.S.) are counted
                                                                                                                                                                 8. RELATIVES AND NONRELATIVES
                                                  Counted at the residence where they                     using administrative data provided by the
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                                                                                                          Department of Defense and the other Federal               (a) Babies and children of all ages,
                                                  live and sleep most of the time. If they                agencies that employ them. If they are deployed
                                                  do not have a usual residence to return                 outside the U.S. (while stationed/assigned in the
                                                                                                                                                                 including biological, step, and
                                                  to, they are counted where they are                     U.S.), the administrative data are used to count       adopted children, as well as
                                                  staying on Census Day.                                  them at their usual residence in the U.S. Otherwise,   grandchildren—Counted at the
                                                                                                          if they are stationed/assigned outside the U.S., the   residence where they live and sleep
                                                  3. FOREIGN CITIZENS IN THE U.S.                         administrative data are used to count them (and
                                                                                                                                                                 most of the time. If they cannot
                                                                                                          their dependents living with them outside the U.S.)
                                                     (a) Citizens of foreign countries                    in their home state for apportionment purposes         determine a place where they live most
                                                  living in the U.S.—Counted at the U.S.                  only.                                                  of the time, they are counted where they


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                                                                          Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules                                                      42583

                                                  are staying on Census Day. (Only count                     (c) Staff members living at                         11. PEOPLE IN HEALTH CARE
                                                  babies born on or before Census Day.)                   boarding schools or residential                        FACILITIES
                                                     (b) Foster children—Counted at the                   schools for people with disabilities                      (a) People in general or Veterans
                                                  residence where they live and sleep                     on Census Day—Counted at the                           Affairs hospitals (except psychiatric
                                                  most of the time. If they cannot                        residence where they live and sleep                    units) on Census Day, including
                                                  determine a place where they live most                  most of the time. If they do not have a                newborn babies still in the hospital
                                                  of the time, they are counted where they                usual home elsewhere, they are counted                 on Census Day—Counted at the
                                                  are staying on Census Day.                              at the school.                                         residence where they live and sleep
                                                     (c) Spouses and close relatives,                                                                            most of the time. Newborn babies are
                                                  such as parents or siblings—Counted                     10. COLLEGE STUDENTS (and Staff
                                                                                                          Living in College Housing)                             counted at the residence where they
                                                  at the residence where they live and                                                                           will live and sleep most of the time. If
                                                  sleep most of the time. If they cannot                     (a) College students living at their                patients or staff members do not have a
                                                  determine a place where they live most                  parents’ or guardians’ home while                      usual home elsewhere, they are counted
                                                  of the time, they are counted where they                attending college in the U.S.—                         at the hospital.
                                                  are staying on Census Day.                              Counted at their parents’ or guardians’                   (b) People in mental (psychiatric)
                                                     (d) Extended relatives, such as                      home.                                                  hospitals and psychiatric units in
                                                  grandparents, nieces/nephews,                                                                                  other hospitals (where the primary
                                                  aunts/uncles, cousins, or in-laws—                         (b) College students living away                    function is for long-term non-acute
                                                  Counted at the residence where they                     from their parents’ or guardians’                      care) on Census Day—Patients are
                                                  live and sleep most of the time. If they                home while attending college in the                    counted at the facility. Staff members
                                                  cannot determine a place where they                     U.S. (living either on-campus or off-                  are counted at the residence where they
                                                  live most of the time, they are counted                 campus)—Counted at the on-campus or                    live and sleep most of the time. If staff
                                                  where they are staying on Census Day.                   off-campus residence where they live                   members do not have a usual home
                                                     (e) Unmarried partners—Counted                       and sleep most of the time. If they are                elsewhere, they are counted at the
                                                  at the residence where they live and                    living in college/university student                   facility.
                                                  sleep most of the time. If they cannot                  housing (such as dormitories or                           (c) People in assisted living
                                                  determine a place where they live most                  residence halls) on Census Day, they are               facilities 8 where care is provided
                                                  of the time, they are counted where they                counted at the college/university                      for individuals who need help with
                                                  are staying on Census Day.                              student housing.                                       the activities of daily living but do
                                                     (f) Housemates or roommates—                            (c) College students living away                    not need the skilled medical care
                                                  Counted at the residence where they                     from their parents’ or guardians’                      that is provided in a nursing
                                                  live and sleep most of the time. If they                home while attending college in the                    home—Residents and staff members are
                                                  cannot determine a place where they                     U.S. (living either on-campus or off-                  counted at the residence where they live
                                                  live most of the time, they are counted                 campus) but staying at their                           and sleep most of the time.
                                                  where they are staying on Census Day.                   parents’ or guardians’ home while                         (d) People in nursing facilities/
                                                     (g) Roomers or boarders—Counted                      on break or vacation—Counted at the                    skilled-nursing facilities (which
                                                  at the residence where they live and                                                                           provide long-term non-acute care)
                                                                                                          on-campus or off-campus residence
                                                  sleep most of the time. If they cannot                                                                         on Census Day—Patients are counted
                                                                                                          where they live and sleep most of the
                                                  determine a place where they live most                                                                         at the facility. Staff members are
                                                                                                          time. If they are living in college/
                                                  of the time, they are counted where they                                                                       counted at the residence where they live
                                                                                                          university student housing (such as
                                                  are staying on Census Day.                                                                                     and sleep most of the time. If staff
                                                                                                          dormitories or residence halls) on
                                                                                                                                                                 members do not have a usual home
                                                     (h) Live-in employees, such as                       Census Day, they are counted at the
                                                                                                                                                                 elsewhere, they are counted at the
                                                  caregivers or domestic workers—                         college/university student housing.
                                                                                                                                                                 facility.
                                                  Counted at the residence where they                        (d) College students who are U.S.                      (e) People staying at in-patient
                                                  live and sleep most of the time. If they                citizens living outside the U.S. while                 hospice facilities on Census Day—
                                                  cannot determine a place where they                     attending college outside the U.S.—                    Counted at the residence where they
                                                  live most of the time, they are counted                 Not counted in the stateside census.                   live and sleep most of the time. If
                                                  where they are staying on Census Day.                                                                          patients or staff members do not have a
                                                     (i) Other nonrelatives, such as                         (e) College students who are
                                                                                                          foreign citizens living in the U.S.                    usual home elsewhere, they are counted
                                                  friends—Counted at the residence                                                                               at the facility.
                                                  where they live and sleep most of the                   while attending college in the U.S.
                                                  time. If they cannot determine a place                  (living either on-campus or off-                       12. PEOPLE IN HOUSING FOR OLDER
                                                  where they live most of the time, they                  campus)—Counted at the on-campus or                    ADULTS
                                                  are counted where they are staying on                   off-campus U.S. residence where they
                                                                                                          live and sleep most of the time. If they                 (a) People in housing intended for
                                                  Census Day.                                                                                                    older adults, such as active adult
                                                                                                          are living in college/university student
                                                  9. PEOPLE IN RESIDENTIAL SCHOOL–                        housing (such as dormitories or                        communities, independent living,
                                                  RELATED FACILITIES                                      residence halls) on Census Day, they are               senior apartments, or retirement
                                                    (a) Boarding school students                          counted at the college/university                         8 Nursing facilities/skilled-nursing facilities, in-

                                                  living away from their parents’ or                      student housing.                                       patient hospice facilities, assisted living facilities,
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                                                  guardians’ home while attending                            (f) Staff members living in college/                and housing intended for older adults may coexist
                                                                                                                                                                 within the same entity or organization in some
                                                  boarding school below the college                       university student housing (such as                    cases. For example, an assisted living facility may
                                                  level, including Bureau of Indian                       dormitories or residence halls) on                     have a skilled-nursing floor or wing that meets the
                                                  Affairs boarding schools—Counted at                     Census Day—Counted at the residence                    nursing facility criteria, which means that specific
                                                  their parents’ or guardians’ home.                      where they live and sleep most of the                  floor or wing is counted according to the guidelines
                                                                                                                                                                 for nursing facilities/skilled-nursing facilities, while
                                                    (b) Students in residential schools                   time. If they do not have a usual home                 the rest of the living quarters in that facility are
                                                  for people with disabilities on                         elsewhere, they are counted at the                     counted according to the guidelines for assisted
                                                  Census Day—Counted at the school.                       college/university student housing.                    living facilities.



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                                                  42584                   Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules

                                                  communities—Residents and staff                         14. MERCHANT MARINE PERSONNEL                             (d) People in correctional
                                                  members are counted at the residence                    ON U.S. FLAG MARITIME/                                 residential facilities on Census Day,
                                                  where they live and sleep most of the                   MERCHANT VESSELS                                       such as halfway houses, restitution
                                                  time.                                                      (a) Crews of U.S. flag maritime/                    centers, and prerelease, work
                                                                                                          merchant vessels docked in a U.S.                      release, and study centers—Residents
                                                  13. U.S. MILITARY PERSONNEL
                                                                                                          port, sailing from one U.S. port to                    are counted at the facility. Staff
                                                     (a) U.S. military personnel                                                                                 members are counted at the residence
                                                                                                          another U.S. port, sailing from a
                                                  assigned to military barracks/                                                                                 where they live and sleep most of the
                                                                                                          U.S. port to a foreign port, or sailing
                                                  dormitories in the U.S. on Census                                                                              time. If staff members do not have a
                                                                                                          from a foreign port to a U.S. port on
                                                  Day—Counted at the military barracks/                                                                          usual home elsewhere, they are counted
                                                                                                          Census Day—Counted at the onshore
                                                  dormitories.                                                                                                   at the facility.
                                                                                                          U.S. residence where they live and sleep
                                                     (b) U.S. military personnel (and
                                                                                                          most of the time. If they have no                      16. PEOPLE IN GROUP HOMES AND
                                                  dependents living with them) living
                                                                                                          onshore U.S. residence, they are                       RESIDENTIAL TREATMENT CENTERS
                                                  in the U.S. (living either on base or
                                                                                                          counted at their vessel. If the vessel is              FOR ADULTS
                                                  off base) who are not assigned to
                                                                                                          docked in a U.S. port, sailing from a
                                                  barracks/dormitories on Census                                                                                   (a) People in group homes
                                                                                                          U.S. port to a foreign port, or sailing
                                                  Day—Counted at the residence where                                                                             intended for adults (non-
                                                                                                          from a foreign port to a U.S. port,
                                                  they live and sleep most of the time.                                                                          correctional) on Census Day—
                                                     (c) U.S. military personnel                          crewmembers with no onshore U.S.
                                                                                                          residence are counted at the U.S. port.                Residents are counted at the facility.
                                                  assigned to U.S. military vessels                                                                              Staff members are counted at the
                                                                                                          If the vessel is sailing from one U.S. port
                                                  with a U.S. homeport on Census                                                                                 residence where they live and sleep
                                                                                                          to another U.S. port, crewmembers with
                                                  Day—Counted at the onshore U.S.                                                                                most of the time. If staff members do not
                                                                                                          no onshore U.S. residence are counted
                                                  residence where they live and sleep                                                                            have a usual home elsewhere, they are
                                                                                                          at the port of departure.
                                                  most of the time. If they have no                          (b) Crews of U.S. flag maritime/                    counted at the facility.
                                                  onshore U.S. residence, they are                        merchant vessels engaged in U.S.                         (b) People in residential treatment
                                                  counted at their vessel’s homeport.                     inland waterway transportation on                      centers for adults (non-correctional)
                                                     (d) People who are active duty                                                                              on Census Day—Counted at the
                                                                                                          Census Day—Counted at the onshore
                                                  patients assigned to a military                                                                                residence where they live and sleep
                                                                                                          U.S. residence where they live and sleep
                                                  treatment facility in the U.S. on                                                                              most of the time. If residents or staff
                                                                                                          most of the time.
                                                  Census Day—Patients are counted at                         (c) Crews of U.S. flag maritime/                    members do not have a usual home
                                                  the facility. Staff members are counted                 merchant vessels docked in a                           elsewhere, they are counted at the
                                                  at the residence where they live and                    foreign port or sailing from one                       facility.
                                                  sleep most of the time. If staff members                foreign port to another foreign port
                                                  do not have a usual home elsewhere,                                                                            17. PEOPLE IN JUVENILE FACILITIES
                                                                                                          on Census Day—Not counted in the
                                                  they are counted at the facility.                       stateside census.                                         (a) People in correctional facilities
                                                     (e) People in military disciplinary                                                                         intended for juveniles on Census
                                                  barracks and jails in the U.S. on                       15. PEOPLE IN CORRECTIONAL                             Day—Juvenile residents are counted at
                                                  Census Day—Prisoners are counted at                     FACILITIES FOR ADULTS                                  the facility. Staff members are counted
                                                  the facility. Staff members are counted                    (a) People in federal and state                     at the residence where they live and
                                                  at the residence where they live and                    prisons on Census Day—Prisoners are                    sleep most of the time. If staff members
                                                  sleep most of the time. If staff members                counted at the facility. Staff members                 do not have a usual home elsewhere,
                                                  do not have a usual home elsewhere,                     are counted at the residence where they                they are counted at the facility.
                                                  they are counted at the facility.                       live and sleep most of the time. If staff                 (b) People in group homes for
                                                     (f) U.S. military personnel who are                  members do not have a usual home                       juveniles (non-correctional) on
                                                  deployed outside the U.S. (while                        elsewhere, they are counted at the                     Census Day—Juvenile residents are
                                                  stationed in the U.S.) and are living                   facility.                                              counted at the facility. Staff members
                                                  on or off a military installation                          (b) People in local jails and other                 are counted at the residence where they
                                                  outside the U.S. on Census Day—                         municipal confinement facilities on                    live and sleep most of the time. If staff
                                                  Counted at the U.S. residence where                     Census Day—Prisoners are counted at                    members do not have a usual home
                                                  they live and sleep most of the time,                   the facility. Staff members are counted                elsewhere, they are counted at the
                                                  using administrative data provided by                   at the residence where they live and                   facility.
                                                  the Department of Defense.                              sleep most of the time. If staff members                  (c) People in residential treatment
                                                     (g) U.S. military personnel who are                  do not have a usual home elsewhere,                    centers for juveniles (non-
                                                  stationed outside the U.S. and are                      they are counted at the facility.                      correctional) on Census Day—
                                                  living on or off a military                                (c) People in federal detention                     Counted at the residence where they
                                                  installation outside the U.S. on                        centers on Census Day, such as                         live and sleep most of the time. If
                                                  Census Day, as well as their                            Metropolitan Correctional Centers,                     juvenile residents or staff members do
                                                  dependents living with them outside                     Metropolitan Detention Centers,                        not have a usual home elsewhere, they
                                                  the U.S.—Counted as part of the U.S.                    Bureau of Indian Affairs Detention                     are counted at the facility.
                                                  federally affiliated overseas population,               Centers, Immigration and Customs
                                                  using administrative data provided by                   Enforcement (ICE) Service                              18. PEOPLE IN TRANSITORY
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                                                  the Department of Defense.                              Processing Centers, and ICE                            LOCATIONS
                                                     (h) U.S. military personnel                          contract detention facilities—                           (a) People at transitory locations
                                                  assigned to U.S. military vessels                       Prisoners are counted at the facility.                 such as recreational vehicle (RV)
                                                  with a homeport outside the U.S. on                     Staff members are counted at the                       parks, campgrounds, hotels and
                                                  Census Day—Counted as part of the                       residence where they live and sleep                    motels (including those on military
                                                  U.S. federally affiliated overseas                      most of the time. If staff members do not              sites), hostels, marinas, racetracks,
                                                  population, using administrative data                   have a usual home elsewhere, they are                  circuses, or carnivals—Anyone,
                                                  provided by the Department of Defense.                  counted at the facility.                               including staff members, staying at the


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                                                                          Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules                                           42585

                                                  transitory location are counted at the                  locations where people experiencing                    confidential information that you or a
                                                  residence where they live and sleep                     homelessness stay without paying—                      third party may not wish to be posted,
                                                  most of the time. If they do not have a                 Counted at the outdoor location where                  such as medical information, your or
                                                  usual home elsewhere, or they cannot                    they are on Census Day.                                anyone else’s Social Security number, or
                                                  determine a place where they live most                    (f) People who, on Census Day, are                   confidential business information, such
                                                  of the time, they are counted at the                    temporarily displaced or                               as a manufacturing process. Please note
                                                  transitory location.                                    experiencing homelessness and are                      that if you include your name, contact
                                                                                                          staying in a residence for a short or                  information, or other information that
                                                  19. PEOPLE IN WORKERS’                                  indefinite period of time—Counted at                   identifies you in the body of your
                                                  RESIDENTIAL FACILITIES                                  the residence where they live and sleep                comments, that information will be
                                                    (a) People in workers’ group living                   most of the time. If they cannot                       posted on http://www.regulations.gov.
                                                  quarters and Job Corps Centers on                       determine a place where they live most                   • If you want to submit a comment
                                                  Census Day—Counted at the residence                     of the time, they are counted where they               with confidential information that you
                                                  where they live and sleep most of the                   are staying on Census Day.                             do not wish to be made available to the
                                                  time. If residents or staff members do                                                                         public, submit the comment as a
                                                                                                            Dated: June 23, 2016.
                                                  not have a usual home elsewhere, they                                                                          written/paper submission and in the
                                                                                                          John H. Thompson,
                                                  are counted at the facility.                                                                                   manner detailed (see ‘‘Written/Paper
                                                                                                          Director, Bureau of the Census.                        Submissions’’ and ‘‘Instructions’’).
                                                  20. PEOPLE IN RELIGIOUS-RELATED                         [FR Doc. 2016–15372 Filed 6–29–16; 8:45 am]
                                                  RESIDENTIAL FACILITIES                                  BILLING CODE 3510–07–P
                                                                                                                                                                 Written/Paper Submissions
                                                    (a) People in religious group                                                                                   Submit written/paper submissions as
                                                  quarters, such as convents and                                                                                 follows:
                                                  monasteries, on Census Day—                             DEPARTMENT OF HEALTH AND                                  • Mail/Hand delivery/Courier (for
                                                  Counted at the facility.                                HUMAN SERVICES                                         written/paper submissions): Division of
                                                                                                                                                                 Dockets Management (HFA–305), Food
                                                  21. PEOPLE IN SHELTERS AND                              Food and Drug Administration                           and Drug Administration, 5630 Fishers
                                                  PEOPLE EXPERIENCING                                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                  HOMELESSNESS                                            21 CFR Part 177                                           • For written/paper comments
                                                     (a) People in domestic violence                                                                             submitted to the Division of Dockets
                                                                                                          [Docket No. FDA–2016–F–1805]                           Management, FDA will post your
                                                  shelters on Census Day—People
                                                  staying at the shelter (who are not staff)              Society of the Plastics Industry, Inc.;                comment, as well as any attachments,
                                                  are counted at the shelter. Staff                       Filing of Food Additive Petition                       except for information submitted,
                                                  members are counted at the residence                                                                           marked and identified, as confidential,
                                                  where they live and sleep most of the                   AGENCY:    Food and Drug Administration,               if submitted as detailed in
                                                  time. If staff members do not have a                    HHS.                                                   ‘‘Instructions.’’
                                                  usual home elsewhere, they are counted                  ACTION:   Notice of petition.                             Instructions: All submissions received
                                                  at the shelter.                                                                                                must include the Docket No. FDA–
                                                     (b) People who, on Census Day, are                   SUMMARY:   The Food and Drug                           2016–F–1805 for ‘‘Filing of Food
                                                  in temporary group living quarters                      Administration (FDA or we) is                          Additive Petition: Society of the Plastics
                                                  established for victims of natural                      announcing that we have filed a                        Industry, Inc.’’ Received comments will
                                                  disasters—Anyone, including staff                       petition, submitted by Keller and                      be placed in the docket and, except for
                                                  members, staying at the facility are                    Heckman LLP on behalf of the Society                   those submitted as ‘‘Confidential
                                                  counted at the residence where they live                of the Plastics Industry, Inc. (Petitioner             Submissions,’’ publicly viewable at
                                                  and sleep most of the time. If they do                  or SPI), requesting that we amend our                  http://www.regulations.gov or at the
                                                  not have a usual home elsewhere, they                   food additive regulations to no longer                 Division of Dockets Management
                                                  are counted at the facility.                            provide for the use of potassium                       between 9 a.m. and 4 p.m., Monday
                                                     (c) People who, on Census Day, are                   perchlorate as an additive in closure-                 through Friday.
                                                  in emergency and transitional                           sealing gaskets for food containers                       • Confidential Submissions: To
                                                  shelters with sleeping facilities for                   because this use has been abandoned.                   submit a comment with confidential
                                                  people experiencing homelessness—                       DATES: The food additive petition was                  information that you do not wish to be
                                                  People staying at the shelter (who are                  filed on May 11, 2016. Submit either                   made publicly available, submit your
                                                  not staff) are counted at the shelter. Staff            electronic or written comments by                      comments only as a written/paper
                                                  members are counted at the residence                    August 29, 2016.                                       submission. You should submit two
                                                  where they live and sleep most of the                   ADDRESSES: You may submit comments                     copies total. One copy will include the
                                                  time. If staff members do not have a                    as follows:                                            information you claim to be confidential
                                                  usual home elsewhere, they are counted                                                                         with a heading or cover note that states
                                                  at the shelter.                                         Electronic Submissions                                 ‘‘THIS DOCUMENT CONTAINS
                                                     (d) People who, on Census Day, are                     Submit electronic comments in the                    CONFIDENTIAL INFORMATION.’’ The
                                                  at soup kitchens and regularly                          following way:                                         Agency will review this copy, including
                                                  scheduled mobile food vans that                           • Federal eRulemaking Portal: http://                the claimed confidential information, in
                                                  provide food to people experiencing                     www.regulations.gov. Follow the                        its consideration of comments. The
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                                                  homelessness—Counted at the                             instructions for submitting comments.                  second copy, which will have the
                                                  residence where they live and sleep                     Comments submitted electronically,                     claimed confidential information
                                                  most of the time. If they do not have a                 including attachments, to http://                      redacted/blacked out, will be available
                                                  usual home elsewhere, they are counted                  www.regulations.gov will be posted to                  for public viewing and posted on http://
                                                  at the soup kitchen or mobile food van                  the docket unchanged. Because your                     www.regulations.gov. Submit both
                                                  location where they are on Census Day.                  comment will be made public, you are                   copies to the Division of Dockets
                                                     (e) People who, on Census Day, are                   solely responsible for ensuring that your              Management. If you do not wish your
                                                  at targeted non-sheltered outdoor                       comment does not include any                           name and contact information to be


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Document Created: 2018-02-08 07:45:27
Document Modified: 2018-02-08 07:45:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed criteria and request for comment.
DatesTo ensure consideration, comments must be received by August 1, 2016.
ContactPopulation and Housing Programs Branch, U.S. Census Bureau, 6H185, Washington, DC 20233, telephone (301) 763-2381; or Email [POP.2020 [email protected]].
FR Citation81 FR 42577 

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