II
Calendar No. 386
118THCONGRESS
2
DSESSION H. R. 7109
IN THE SENATE OF THE UNITED STATES
MAY9, 2024
Received; read the first time
M
AY14, 2024
Read the second time and placed on the calendar
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
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Equal Representation 4
Act’’. 5
SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 6
Section 141 of title 13, United States Code, is 7
amended— 8
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HR 7109 PCS
(1) by redesignating subsection (g) as sub-1
section (h); and 2
(2) by inserting after subsection (f) the fol-3
lowing: 4
‘‘(g)(1) In conducting the 2030 decennial census and 5
each decennial census thereafter, the Secretary shall in-6
clude in any questionnaire distributed or otherwise used 7
for the purpose of determining the total population by 8
States a checkbox or other similar option for the respond-9
ent to indicate, for the respondent and for each of the 10
members of the household of the respondent, whether that 11
individual is a citizen of the United States. 12
‘‘(2) Not later than 120 days after completion of a 13
decennial census of the population under subsection (a), 14
the Secretary shall make publicly available the number of 15
individuals per State, disaggregated by citizens of the 16
United States and noncitizens, as tabulated in accordance 17
with this section.’’. 18
SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 19
PERSONS USED TO DETERMINE APPORTION-20
MENT OF REPRESENTATIVES AND NUMBER 21
OF ELECTORAL VOTES. 22
(a) E
XCLUSION.—Section 22(a) of the Act entitled 23
‘‘An Act to provide for the fifteenth and subsequent decen-24
nial censuses and to provide for apportionment of Rep-25
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HR 7109 PCS
resentatives in Congress’’, approved June 18, 1929 (2 1
U.S.C. 2a(a)), is amended by inserting after ‘‘not taxed’’ 2
the following: ‘‘and individuals who are not citizens of the 3
United States’’. 4
(b) E
FFECTIVEDATE.—The amendment made by 5
subsection (a) shall apply with respect to the apportion-6
ment of Representatives carried out pursuant to the de-7
cennial census conducted during 2030 and any succeeding 8
decennial census. 9
SEC. 4. SEVERABILITY CLAUSE. 10
If any provision of this Act or amendment made by 11
this Act, or the application thereof to any person or cir-12
cumstance, is held to be unconstitutional, the remainder 13
of the provisions of this Act and amendments made by 14
this Act, and the application of the provision or amend-15
ment to any other person or circumstance, shall not be 16
affected. 17
Passed the House of Representatives May 8, 2024.
Attest: KEVIN F. MCCUMBER,
Clerk.
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ssavage on LAPJG3WLY3PROD with BILLS Calendar No.
386
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.
M
AY
14, 2024
Read the second time and placed on the calendar
VerDate Sep 11 2014 23:43 May 14, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H7109.PCS H7109
ssavage on LAPJG3WLY3PROD with BILLS