I 119THCONGRESS 1 STSESSION H. R. 151 To require a citizenship question on the decennial census, to require reporting on certain census statistics, and to modify apportionment of Representa- tives to be based on United States citizens instead of all persons. IN THE HOUSE OF REPRESENTATIVES JANUARY3, 2025 Mr. E DWARDS(for himself, Mr. DAVIDSON, Mr. BEANof Florida, Mr. R OUZER, Mr. NEHLS, Mr. COLLINS, Mrs. CAMMACK, Ms. HAGEMAN, Mr. F LEISCHMANN, Mr. HIGGINSof Louisiana, Mr. BOST, Mr. PALMER, Mrs. H OUCHIN, Mr. GUEST, Mr. MILLERof Ohio, Mr. FITZGERALD, and Mr. M OOREof Alabama) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL 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 persons. 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 VerDate Sep 11 2014 21:55 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 151 IH SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 1 (a) I NGENERAL.—Section 141 of title 13, United 2 States Code, is amended— 3 (1) by redesignating subsection (g) as sub-4 section (h); and 5 (2) by inserting after subsection (f) the fol-6 lowing: 7 ‘‘(g)(1) In conducting the 2030 decennial census and 8 each decennial census thereafter, the Secretary shall in-9 clude in any questionnaire distributed or otherwise used 10 for the purpose of determining the total population by 11 States a checkbox or other similar option for the respond-12 ent to indicate, for the respondent and for each of the 13 members of the household of the respondent, whether that 14 individual is— 15 ‘‘(A) a citizen of the United States; 16 ‘‘(B) a national of the United States but not a 17 citizen of the United States; 18 ‘‘(C) an alien lawfully residing in the United 19 States; or 20 ‘‘(D) an alien unlawfully residing in the United 21 States. 22 ‘‘(2) Not later than 120 days after completion of a 23 decennial census of the population under subsection (a), 24 the Secretary shall make publicly available the number of 25 persons per State, disaggregated by each of the 4 cat-26 VerDate Sep 11 2014 21:55 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 151 IH egories described in subparagraphs (A) through (D) of 1 paragraph (1), as tabulated in accordance with this sec-2 tion.’’. 3 SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 4 PERSONS USED TO DETERMINE APPORTION-5 MENT OF REPRESENTATIVES AND NUMBER 6 OF ELECTORAL VOTES. 7 (a) E XCLUSION.—Section 22(a) of the Act entitled 8 ‘‘An Act to provide for the fifteenth and subsequent decen-9 nial censuses and to provide for an apportionment of Rep-10 resentatives in Congress’’, approved June 18, 1929 (2 11 U.S.C. 2a(a)), is amended by inserting after ‘‘not taxed’’ 12 the following: ‘‘and individuals who are not citizens of the 13 United States’’. 14 (b) E FFECTIVEDATE.—The amendment made by 15 subsection (a) shall apply with respect to the apportion-16 ment of Representatives carried out pursuant to the de-17 cennial census conducted during 2030 and any succeeding 18 decennial census. 19 SEC. 4. SEVERABILITY CLAUSE. 20 If any provision of this Act or amendment made by 21 this Act, or the application thereof to any person or cir-22 cumstance, is held to be unconstitutional, the remainder 23 of the provisions of this Act and amendments made by 24 this Act, and the application of the provision or amend-25 VerDate Sep 11 2014 21:55 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 151 IH ment to any other person or circumstance, shall not be 1 affected. 2 Æ VerDate Sep 11 2014 21:55 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H151.IH H151 kjohnson on DSK7ZCZBW3PROD with $$_JOB