[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10377 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10377
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2026
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make Apportionment Great Again Act''
or the ``MAGA Act''.
SEC. 2. EXCLUSION OF NONCITIZENS FROM APPORTIONMENT BASE.
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,''.
SEC. 3. REVISED APPORTIONMENT EXCLUDING NONCITIZENS.
(a) Mandatory Revised Apportionment.--
(1) Recalculation.--
(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.
(2) Reapportionment.--
(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.
(b) Use of Official Government Data and Records.--
(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.
SEC. 4. CITIZENSHIP STATUS ON DECENNIAL CENSUS.
Section 141 of title 13, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(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--
``(A) a citizen of the United States;
``(B) a national of the United States but not a
citizen of the United States;
``(C) an alien lawfully residing in the United
States; or
``(D) an alien unlawfully residing in the United
States.
``(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.''.
SEC. 5. EXPEDITED JUDICIAL REVIEW FOR CHALLENGES TO THIS ACT.
(a) Covered Actions.--Any covered action filed in any Federal court
shall be treated as an expedited matter.
(b) Three-Judge District Court Panel.--
(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.
SEC. 6. FEDERAL REMOVAL.
(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.
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