COUNT Act

Bill Number

H.R. 5156

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.

Last Updated

2025-10-18T08:05:49Z

AI-Generated Summary

Purpose of the Legislation

The COUNT Act aims to improve the collection and accuracy of data on the citizenship status of people living in the United States. It seeks to provide policymakers with reliable information on citizens, noncitizens, and undocumented immigrants to better understand immigration's effects and evaluate related policies, especially amid concerns about illegal immigration.

Key Provisions

• Federal Agency Assistance: All federal agencies must help the Department of Commerce (which oversees the Census Bureau) by providing access to administrative records (government databases) that could reveal citizenship status. Specific agencies, such as the Department of Homeland Security (DHS), Department of State, Social Security Administration (SSA), and Department of Health and Human Services (HHS), must share detailed records like immigration files, visa data, passport applications, and benefit records, as allowed by law.
• Interagency Working Group: The Census Bureau Director must create and lead a group with representatives from other agencies to coordinate and maximize the use of these records, aiming to determine citizenship for the entire U.S. population through existing data.
• Citizenship Question on Surveys: The Commerce Secretary must add a question about citizenship to the 2030 census (a nationwide count every 10 years) and consider including it in other Census Bureau surveys, like the American Community Survey (an annual sample survey). The American Community Survey must also be expanded for better citizenship data.
• Access to State Records: The Commerce Department must work harder to obtain relevant state-level records (e.g., from voter rolls or driver's licenses) and report annually to Congress on progress, including which states refuse to cooperate.
• End to Differential Privacy: Within six months of the bill's enactment, the Census Bureau must stop using "differential privacy" (a mathematical technique to protect individual privacy by adding noise to data) and issue public guidance on alternative privacy protections.

Significant Changes to Existing Law

• This bill mandates broader data sharing among federal agencies for census purposes, which goes beyond current voluntary cooperation and requires examining legal limits to provide maximum access.
• It revives efforts to include a citizenship question on the census, similar to a 2019 attempt that was blocked by courts for lacking a clear justification; here, it's tied explicitly to immigration policy needs.
• It eliminates the Census Bureau's use of differential privacy, introduced in 2021 to safeguard data from re-identification (figuring out individuals from anonymized data), potentially allowing more precise but riskier data releases.
• It strengthens requirements for state data access, with new annual reporting to Congress, which isn't as formalized in prior laws.

Potential Impacts

• On Government Agencies: Increases coordination and data-sharing burdens for agencies like DHS, SSA, and HHS, potentially improving census accuracy but requiring new processes and legal reviews. The Census Bureau may face challenges in guaranteeing privacy without differential privacy.
• On Citizens and Residents: Could lead to more accurate population counts and policy decisions affecting services like voting districts or federal funding (based on census data). Noncitizens and undocumented individuals might worry about privacy or enforcement risks, though the bill emphasizes legal compliance.
• On International Relations: By providing better data on immigration flows, it could inform U.S. foreign policy on migration, border security, and refugee/asylum processing, potentially influencing diplomatic discussions with countries of origin.
• No direct international impacts are specified, but enhanced data could support stricter immigration enforcement.

Main Stakeholders Affected

• Federal Agencies: Department of Commerce (Census Bureau), DHS (immigration and border data), Department of State (visas and passports), SSA (benefits), HHS (health programs), and others involved in the working group.
• State Governments: Targeted for record-sharing; non-cooperative states could face congressional scrutiny.
• Citizens and Residents: All U.S. population, particularly immigrants and naturalized citizens, as data collection affects census participation and policy outcomes.
• Policymakers and Congress: Benefit from improved data for immigration laws, budgeting, and oversight.
• Immigration Advocates and Communities: Undocumented immigrants and advocacy groups may be indirectly affected through policy changes informed by this data.

Notable Legal, Constitutional, or Political Implications

• Legal: Raises privacy concerns under laws like the Privacy Act (protecting federal data) and census statutes; agencies must balance sharing with legal limits, potentially leading to lawsuits over data access or the citizenship question's validity. Ending differential privacy could invite challenges if it increases re-identification risks.
• Constitutional: Ties into the Census Clause (Article I, Section 2), requiring an "actual Enumeration" for apportioning House seats; critics might argue it politicizes the census, risking undercounts among fearful noncitizen households and unequal representation.
• Political: Fuels debates on immigration by emphasizing "illegal aliens" in policy language, potentially advancing restrictive policies. Bipartisan sponsors (Republicans and one Democrat) suggest cross-aisle appeal, but referral to multiple committees indicates potential for partisan contention in a divided Congress. The bill's focus on the 2030 census gives it long-term scope but immediate administrative effects.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pfluger, August [R-TX-11]

Cosponsors (8)

Rep. Edwards, Chuck [R-NC-11], Rep. Luna, Anna Paulina [R-FL-13], Rep. Collins, Mike [R-GA-10], Rep. Van Duyne, Beth [R-TX-24], Rep. Dunn, Neal P. [R-FL-2], Rep. Baird, James R. [R-IN-4], Rep. Rulli, Michael A. [R-OH-6], Rep. Moore, Barry [R-AL-1]

Recent Actions

• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, Homeland Security, Foreign Affairs, Ways and Means, and Energy and Commerce, 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.
• 2025-09-04: Introduced in House
• 2025-09-04: Introduced in House

Bill Versions

• Citizen Only Updated National Tally Act — issued 2025-09-04 — PDF (5 pages)