H. R. 10377 (Introduced-in-House)

To exclude noncitizens from the population used for congressional apportionment, to require a revised apportionment prior to certain elections, to require the inclusion of a citizenship question in all future decennial censuses, and for other purposes.

Mr. Clyde (for himself, Mr. Moore of Alabama, Mr. Collins, Mr. Nehls, Mr. Hunt, Mr. Carter of Georgia, Mrs. Luna, Ms. Boebert, Mr. McClintock, Mr. Barr, Mr. Biggs of Arizona, Mr. Crane, Mr. Norman, Mr. Davidson, Mr. Stauber, Mr. Higgins of Louisiana, Mr. Roy, Mr. Cloud, Mr. McCormick, Mr. Harris of Maryland, Mr. Brecheen, Mr. Smith of Missouri, Mr. Self, Mr. Moore of West Virginia, Mr. Gill of Texas, Mrs. Miller of Illinois, Mr. Ogles, Mr. Perry, Mr. Fine, Mrs. Harshbarger, Mr. Fulcher, Mr. Donalds, Mrs. Biggs of South Carolina, Mr. Tiffany, Mr. Gosar, Mr. Palmer, Mr. Wied, Mr. Stutzman, Mr. Burlison, Mr. Reschenthaler, Mr. Cline, Mr. Fuller, and Ms. Van Duyne) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 22(a) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by inserting after “not taxed” the following “and individuals who are not citizens of the United States,”.

(A) IN GENERAL.—Except as provided by subparagraph (B), not later than January 31, 2027, the Secretary of Commerce shall—

(i) to the maximum extent practicable, revise the tabulation of total population by States for the 2020 decennial census under section 141(a) of title 13, United States Code, for the purposes of the apportionment of Representatives in Congress among the several States to include only individuals who are citizens of the United States, either by excluding individuals whom official data and records indicate with reasonable certainty are not citizens of the United States or by including only individuals whom official data and records indicate with reasonable certainty are citizens of the United States; and

(ii) report such revised tabulation to total population by States to the President.

(B) EXTENSION.—The Secretary of Commerce may complete the revision and submit to the President the report required by subparagraph (A) not later than March 31, 2027, if the Secretary—

(i) determines that the Secretary cannot complete such revision and so submit such report by January 31, 2027, due to limitations on the information available to the Secretary; and

(ii) submits to Congress a notice of such determination and the date by which the Secretary expects to complete such revision and so submit such report.

(A) IN GENERAL.—Upon receiving the report of the revised tabulation of total population by States for the 2020 decennial census required by paragraph (1)(A), the President shall immediately transmit to Congress a statement showing—

(i) the whole number of persons in each State, excluding Indians not taxed and individuals who are not citizens of the United States, as ascertained under such revised tabulation of total population by States for the 2020 decennial census; and

(ii) based on such revised tabulation of total population by States for the 2020 decennial census, the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.

(B) TREATMENT.—A statement transmitted to Congress by the President under subparagraph (A) is, for the purposes of subsections (b) and (c) of section 22 of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a), deemed to be a statement required under and in accordance with subsection (a) of such section, except that any change in the number of Representatives to which a State is entitled pursuant to such statement may not be construed as applying with respect to any Congress for which the first regular session occurred prior to the date of the enactment of this Act.

(1) IN GENERAL.—In carrying out subsection (a), the Secretary of Commerce shall, without requiring the repetition of a decennial census, use only official data and records in the possession of the Federal Government and State governments and may apply statistical estimation, matching, and imputation methods to such official data and records.

(2) AGENCY COMPLIANCE.—The head of an Executive agency (as such term is defined in section 105 of title 5, United States Code) shall, upon the request of the Secretary of Commerce and to the extent otherwise permitted by law, provide to the Secretary such official data and records in the possession of such Executive agency as requested by the Secretary for the purposes of carrying out subsection (a).

(c) State cooperation.—Upon request of the Secretary of Commerce, each State shall provide to the Secretary, in a timely manner, such information as is necessary to carry out subsection (a), including information maintained by agencies of the State relating to citizenship, immigration status, or eligibility for benefits provided by the State or the Federal Government, to the extent permitted by law.

(d) Presumption of validity.—Any change in the number of Representatives to which a State is entitled pursuant to this section shall be presumed lawful. A court may set aside such apportionment only upon a clear and convincing showing that the Secretary of Commerce acted in excess of statutory authority or in violation of an express Constitutional limitation.

(e) Official data and records defined.—In this section, the term “official data and records” means data and records in the possession of the Federal Government or a State government the accuracy of which has been validated by the Federal Government or a State government.

“(g) (1) In conducting the 2030 decennial census and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether that individual is—

“(2) Not later than 120 days after completion of a decennial census of the population under subsection (a), the Secretary shall make publicly available the number of persons per State, disaggregated by each of the 4 categories described in subparagraphs (A) through (D) of paragraph (1), as tabulated in accordance with this section.”.

(a) Covered actions.—Any covered action filed in any Federal court shall be treated as an expedited matter.

(1) PANEL.—Upon filing a covered action, a three-judge district court panel shall be convened in accordance with section 2284 of title 28, United States Code.

(2) EXPEDITED CONSIDERATION.—The panel shall hear all covered actions on an expedited schedule, including motions, briefs, and oral arguments.

(c) Direct appeal to the Supreme Court.—Any judgment, order, or ruling of the three-judge panel in a covered action shall be directly appealable to the Supreme Court of the United States in accordance with section 1253 of title 28, United States Code, which may review the case on an expedited basis.

(d) Definitions.—For purposes of this section, the term “covered action” includes any civil proceeding arising under, relating to, or challenging the validity, interpretation, or implementation of this Act, including administrative, procedural, or executive actions taken pursuant to this Act.

(a) Federal jurisdiction.—The United States district courts shall have original jurisdiction over any civil action arising under, relating to, or challenging the implementation, enforcement, or validity of this Act.

(b) Removal from State court.—Any civil action filed in a State court asserting claims arising under, relating to, or challenging this Act may be removed to the appropriate United States district court by the United States or any officer charged with implementing this Act, in accordance with sections 1441 and 1446 of title 28, United States Code.

(c) Assignment to three-Judge panel.—Upon removal, the district court shall immediately assign the action to a three-judge district court panel convened in accordance with section 2284 of title 28, United States Code.