September 4, 2025
Mr. Pfluger (for himself, Mr. Edwards, Mrs. Luna, Mr. Collins, Ms. Van Duyne, and Mr. Dunn of Florida) introduced the following bill; which was 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
To direct the Department of Commerce and Federal agencies to collect information on citizenship status of individuals residing in the United States, and for other purposes.
Section 1. Short title
This Act may be cited as the Citizen Only Updated National Tally Act
or the COUNT Act
.
Sec. 2. Policy
It is the policy of the United States to develop complete and accurate data on the number of citizens, noncitizens, and illegal aliens in the country. Such data is necessary to understand the effects of immigration on the country, and to inform policymakers in setting and evaluating immigration policies and laws, including evaluating proposals to address the current crisis in illegal immigration.
Sec. 3. Federal agency assistance to the Department of Commerce and maximizing citizenship data
(a) In general
Each Federal agency shall promptly provide the Department of Commerce the maximum assistance permissible in determining the number of citizens, noncitizens, and illegal aliens in the United States, including by providing any access that the Department may request to administrative records that may be useful in accomplishing such objective.
(b) Specific records
In addition to the requirements of subsection (a), the following Federal agencies shall examine relevant legal authorities and, to the maximum extent consistent with law, provide access to the Department of Commerce to the following records:
(1)
Department of Homeland Security, United States Citizenship and Immigration Services; National-level file of Lawful Permanent Residents, Naturalizations.
(2)
Department of Homeland Security, Immigration and Customs Enforcement; F1 and M1 Nonimmigrant Visas.
(3)
Department of Homeland Security; National-level file of Customs and Border Arrival/Departure transaction data.
(4)
Department of Homeland Security and Department of State, Worldwide Refugee and Asylum Processing System; Refugee and Asylum visas.
(5)
Department of State; National-level passport application data.
(6)
Social Security Administration; Master Beneficiary Records.
(7)
Department of Health and Human Services; CMS Medicaid and CHIP Information System.
(c) Interagency working group
The Director of the Bureau of the Census shall establish an interagency working group to coordinate efforts, consistent with law, to maximize the availability of administrative records in connection with the census, with the goal of obtaining administrative records that can help establish citizenship status for 100 percent of the population. The Director shall chair the working group, and the head of each agency shall designate a representative to the working group upon request from the working group chair.
(d) Citizenship question
To ensure that the Federal Government continues to collect the most accurate information available concerning citizenship going forward, the Secretary of Commerce shall initiate any administrative process necessary to include a citizenship question on the 2030 decennial census and to consider any regulatory changes necessary to ensure that citizenship data is collected in any other surveys and data-gathering efforts conducted by the Bureau of the Census, including the American Community Survey. The Secretary of Commerce shall expand the distribution of the American Community Survey to secure better citizenship data.
(e) State records
The Department of Commerce shall strengthen its efforts, consistent with law, to gain access to relevant State administrative records. The Secretary shall report annually to Congress on the status of these efforts, including a list of States that refuse to comply with any efforts initiated by the Secretary to ascertain relevant administrative records.
Sec. 4. Termination of differential privacy access
Beginning on and after the date that is 6 months after the date of the enactment of this Act, the Bureau of the Census may not use the differential privacy process, and the Director of the Bureau shall issue public guidance on how the privacy of individual responses will be guaranteed in the absence of such process.