II 

Calendar No. 386 

118TH CONGRESS 

2D SESSION H. R. 7109 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2024 

Received; read the first time 

MAY 14, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Representation 

5 Act’’. 

6 SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 

7 Section 141 of title 13, United States Code, is 

8 amended— 


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HR 7109 PCS

1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing: 

5 ‘‘(g)(1) In conducting the 2030 decennial census and 

6 each decennial census thereafter, the Secretary shall in7 clude in any questionnaire distributed or otherwise used 

8 for the purpose of determining the total population by 

9 States a checkbox or other similar option for the respond10 ent to indicate, for the respondent and for each of the 

11 members of the household of the respondent, whether that 

12 individual is a citizen of the United States. 

13 ‘‘(2) Not later than 120 days after completion of a 

14 decennial census of the population under subsection (a), 

15 the Secretary shall make publicly available the number of 

16 individuals per State, disaggregated by citizens of the 

17 United States and noncitizens, as tabulated in accordance 

18 with this section.’’. 

19 SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 

20 PERSONS USED TO DETERMINE APPORTION21 MENT OF REPRESENTATIVES AND NUMBER 

22 OF ELECTORAL VOTES. 

23 (a) EXCLUSION.—Section 22(a) of the Act entitled 

24 ‘‘An Act to provide for the fifteenth and subsequent decen25 nial censuses and to provide for apportionment of RepVerDate Sep 11 2014 23:43 May 14, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7109.PCS H7109

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HR 7109 PCS

1 resentatives in Congress’’, approved June 18, 1929 (2 

2 U.S.C. 2a(a)), is amended by inserting after ‘‘not taxed’’ 

3 the following: ‘‘and individuals who are not citizens of the 

4 United States’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply with respect to the apportion7 ment of Representatives carried out pursuant to the de8 cennial census conducted during 2030 and any succeeding 

9 decennial census. 

10 SEC. 4. SEVERABILITY CLAUSE. 

11 If any provision of this Act or amendment made by 

12 this Act, or the application thereof to any person or cir13 cumstance, is held to be unconstitutional, the remainder 

14 of the provisions of this Act and amendments made by 

15 this Act, and the application of the provision or amend16 ment to any other person or circumstance, shall not be 

17 affected. 

Passed the House of Representatives May 8, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS
Calendar No. 386 

118TH CONGRESS 

2D SESSION H. R. 7109 

AN ACT 

To require a citizenship question on the decennial 

instead of all individuals. resentatives to be based on United States citizens statistics, and to modify apportionment of Repcensus, to require reporting on certain census 

MAY 14, 2024 

Read the second time and placed on the calendar 


ssavage on LAPJG3WLY3PROD with BILLS