Equal Representation Act
This bill requires any questionnaire used in the decennial census to include a checkbox or other similar option for respondents to indicate whether the respondent and each household member is a U.S. citizen.
The Department of Commerce must make public the number of citizens and noncitizens in each state.
The bill also requires that the statement sent by the President to Congress indicating the number of persons in each state (related to the reapportionment of U.S. Representatives) exclude noncitizens.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7109 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7109
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Mr. Edwards (for himself and Mr. Davidson) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Representation Act''.
SEC. 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.''.
SEC. 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.
SEC. 4. 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.
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Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-476.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-476.
Placed on the Union Calendar, Calendar No. 395.
Rules Committee Resolution H. Res. 1194 Reported to House. Rule provides for consideration of H.R. 6192, H.R. 7109, H.J. Res. 109 and H.R. 2925. The resolution provides for consideration of H.R. 6192 under a structured rule and H.R. 7109, H.J. Res. 109, and H.R. 2925 under a closed rule. Rule provides for one hour of general debate on H.R. 6192, H.R. 7109, and H.J. Res. 109, and thirty minutes of general debate on H.R. 2925. One motion to recommit allowed on each bill.
Considered under the provisions of rule H. Res. 1194. (consideration: CR H2970-2977)
Rule provides for consideration of H.R. 6192, H.R. 7109, H.J. Res. 109 and H.R. 2925. The resolution provides for consideration of H.R. 6192 under a structured rule and H.R. 7109, H.J. Res. 109, and H.R. 2925 under a closed rule. Rule provides for one hour of general debate on H.R. 6192, H.R. 7109, and H.J. Res. 109, and thirty minutes of general debate on H.R. 2925. One motion to recommit allowed on each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 7109.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 7109 is postponed.
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Pursuant to clause 1(c) of rule XIX, the House proceeded with further consideration of H.R. 7109.
Considered as unfinished business. (consideration: CR H2983-2986)
Ms. Manning moved to recommit to the Committee on Oversight and Accountability. (text: CR H2983-2984)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 203 - 207 (Roll no. 192).
Roll Call #192 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 206 - 202 (Roll no. 193). (text of amendment in the nature of a substitute: CR H2970)
Roll Call #193 (House)On passage Passed by the Yeas and Nays: 206 - 202 (Roll no. 193). (text of amendment in the nature of a substitute: CR H2970)
Roll Call #193 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 386.