118THCONGRESS
2
DSESSION H. R. 7109
AN ACT
To require a citizenship question on the decennial census,
to require reporting on certain census statistics, and
to modify apportionment of Representatives to be based
on United States citizens instead of all individuals.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2
•HR 7109 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Equal Representation 2
Act’’. 3
SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 4
Section 141 of title 13, United States Code, is 5
amended— 6
(1) by redesignating subsection (g) as sub-7
section (h); and 8
(2) by inserting after subsection (f) the fol-9
lowing: 10
‘‘(g)(1) In conducting the 2030 decennial census and 11
each decennial census thereafter, the Secretary shall in-12
clude in any questionnaire distributed or otherwise used 13
for the purpose of determining the total population by 14
States a checkbox or other similar option for the respond-15
ent to indicate, for the respondent and for each of the 16
members of the household of the respondent, whether that 17
individual is a citizen of the United States. 18
‘‘(2) Not later than 120 days after completion of a 19
decennial census of the population under subsection (a), 20
the Secretary shall make publicly available the number of 21
individuals per State, disaggregated by citizens of the 22
United States and noncitizens, as tabulated in accordance 23
with this section.’’. 24 3
•HR 7109 EH
SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 1
PERSONS USED TO DETERMINE APPORTION-2
MENT OF REPRESENTATIVES AND NUMBER 3
OF ELECTORAL VOTES. 4
(a) E
XCLUSION.—Section 22(a) of the Act entitled 5
‘‘An Act to provide for the fifteenth and subsequent decen-6
nial censuses and to provide for apportionment of Rep-7
resentatives in Congress’’, approved June 18, 1929 (2 8
U.S.C. 2a(a)), is amended by inserting after ‘‘not taxed’’ 9
the following: ‘‘and individuals who are not citizens of the 10
United States’’. 11
(b) E
FFECTIVEDATE.—The amendment made by 12
subsection (a) shall apply with respect to the apportion-13
ment of Representatives carried out pursuant to the de-14
cennial census conducted during 2030 and any succeeding 15
decennial census. 16
SEC. 4. SEVERABILITY CLAUSE. 17
If any provision of this Act or amendment made by 18
this Act, or the application thereof to any person or cir-19
cumstance, is held to be unconstitutional, the remainder 20
of the provisions of this Act and amendments made by 21
this Act, and the application of the provision or amend-22 4
•HR 7109 EH
ment to any other person or circumstance, shall not be 1
affected. 2
Passed the House of Representatives May 8, 2024.
Attest:
Clerk. 118
TH
CONGRESS
2
D
S
ESSION
H. R. 7109
AN ACT
To require a citizenship question on the decennial
census, to require reporting on certain census
statistics, and to modify apportionment of Rep-
resentatives to be based on United States citizens
instead of all individuals.