I 

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. 

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 (a) IN GENERAL.—Section 141 of title 13, United 

8 States Code, is amended— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7109 IH

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— 

13 ‘‘(A) a citizen of the United States; 

14 ‘‘(B) a national of the United States but not a 

15 citizen of the United States; 

16 ‘‘(C) an alien lawfully residing in the United 

17 States; or 

18 ‘‘(D) an alien unlawfully residing in the United 

19 States. 

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

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

22 the Secretary shall make publicly available the number of 

23 persons per State, disaggregated by each of the 4 cat24 egories described in subparagraphs (A) through (D) of 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7109 IH

1 paragraph (1), as tabulated in accordance with this sec2 tion.’’. 

3 SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 

4 PERSONS USED TO DETERMINE APPORTION5 MENT OF REPRESENTATIVES AND NUMBER 

6 OF ELECTORAL VOTES. 

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

8 ‘‘An Act to provide for the fifteenth and subsequent decen9 nial censuses and to provide for an apportionment of Rep10 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) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to the apportion16 ment of Representatives carried out pursuant to the de17 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 cir22 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 amendVerDate Sep 11 2014 20:16 Jan 31, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7109.IH H7109

ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 7109 IH

1 ment to any other person or circumstance, shall not be 

2 affected. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS