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.