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H.R. 7167House119th Congress (2025-2027)In Committee

Make It Count Act

Sponsored by Tom BarrettRep. Tom Barrett (R-MI)
Introduced January 21, 2026

AI-Generated Summary

Updated February 10, 2026 at 4:52 AM UTC

The Make It Count Act would change how the U.S. Census is conducted and how congressional seats are allocated. It requires a citizenship question on every decennial census and obliges the Census Bureau to publish state‑by‑state counts of citizens, non‑citizen nationals, lawful and unlawful aliens. Starting with the 2030 census, the number of U.S. citizens – not total residents – would be used to determine each state’s share of House seats and electoral votes. The bill also limits each state to only one congressional redistricting cycle after a census unless a court orders another map.

Key Provisions

  • Adds a checkbox on the census questionnaire for respondents to indicate if they are a U.S. citizen, a U.S. national, a lawful alien, or an unlawful alien, and requires the Secretary to release these counts for each state within 120 days after the census.
  • Amends the apportionment formula so that only U.S. citizens are counted when dividing House seats and electoral votes among the states, effective for the 2030 census and later.
  • Prohibits any state that has already redistricted after a census from redrawing its congressional districts again until the next census, unless a court orders a new map to comply with the Constitution or the Voting Rights Act.
  • Includes a standard severability clause so that if any part of the law is struck down, the rest remains in effect.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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.

Oversight and Government Reform Committee

January 21, 2026

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HouseIntro Referral

Introduced in House

January 21, 2026

HouseIntro Referral

Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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.

Oversight and Government Reform Committee

January 21, 2026

Bill Text

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Introduced in HouseIssued January 21, 2026

I

119th CONGRESS

2d Session

H. R. 7167

IN THE HOUSE OF REPRESENTATIVES

January 21, 2026

Mr. Barrett introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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 require a citizenship question on the decennial census, to require reporting on certain census statistics, to modify apportionment of Representatives to be based on United States citizens instead of all persons, to prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, and for other purposes.

1.

Short title

This Act may be cited as the Make It Count Act.

2.

Citizenship status on decennial census

(a)

In general

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.

.

3.

Exclusion of noncitizens from number of persons used to determine apportionment of representatives and number of electoral votes

(a)

Exclusion

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.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to the apportionment of Representatives carried out pursuant to the decennial census conducted during 2030 and any succeeding decennial census.

4.

Limit on congressional redistricting after an apportionment

(a)

In general

The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting, approved December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under 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), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.)..

(b)

No effect on elections for State and local office

Nothing in this section or in any amendment made by this section may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections.

(c)

Effective date

This section and the amendment made by this section shall apply with respect to any Congressional redistricting which occurs after the November 2024 election.

5.

Severability clause

If any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.