II 

118TH CONGRESS 

2D SESSION S. 3659 

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 SENATE OF THE UNITED STATES 

JANUARY 25, 2024 

Mr. HAGERTY (for himself, Mr. CRAMER, Mr. CASSIDY, Mr. LANKFORD, Mr. 

SCHMITT, Mrs. BLACKBURN, Mr. LEE, Mr. TUBERVILLE, Mr. ROUNDS, 

Mr. RICKETTS, Mr. BUDD, Ms. LUMMIS, Mr. RISCH, Mr. CRAPO, Mrs. 

BRITT, Mr. MARSHALL, Mr. BRAUN, Mr. THUNE, Mr. DAINES, Mrs. 

HYDE-SMITH, and Mr. VANCE) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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’’. 


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1 SEC. 2. CITIZENSHIP STATUS ON DECENNIAL CENSUS. 

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

3 States Code, is amended— 

4 (1) by redesignating subsection (g) as sub5 section (h); and 

6 (2) by inserting after subsection (f) the fol7 lowing: 

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

9 each decennial census thereafter, the Secretary shall in10 clude in any questionnaire distributed or otherwise used 

11 for the purpose of determining the total population by 

12 States a checkbox or other similar option for the respond13 ent to indicate, for the respondent and for each of the 

14 members of the household of the respondent, whether that 

15 individual is— 

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

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

18 citizen of the United States; 

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

20 States; or 

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

22 States. 

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

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

25 the Secretary shall make publicly available the number of 

26 persons per State, disaggregated by each of the 4 catVerDate Sep 11 2014 20:06 Jan 26, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3659.IS S3659

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1 egories described in subparagraphs (A) through (D) of 

2 paragraph (1), as tabulated in accordance with this sec3 tion.’’. 

4 SEC. 3. EXCLUSION OF NONCITIZENS FROM NUMBER OF 

5 PERSONS USED TO DETERMINE APPORTION6 MENT OF REPRESENTATIVES AND NUMBER 

7 OF ELECTORAL VOTES. 

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

9 ‘‘An Act to provide for the fifteenth and subsequent decen10 nial censuses and to provide for an apportionment of Rep11 resentatives in Congress’’, approved June 18, 1929 (2 

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

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

14 United States’’. 

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

16 subsection (a) shall apply with respect to the apportion17 ment of Representatives carried out pursuant to the de18 cennial census conducted during 2030 and any succeeding 

19 decennial census. 

20 SEC. 4. SEVERABILITY CLAUSE. 

21 If any provision of this Act or amendment made by 

22 this Act, or the application thereof to any person or cir23 cumstance, is held to be unconstitutional, the remainder 

24 of the provisions of this Act and amendments made by 

25 this Act, and the application of the provision or amendVerDate Sep 11 2014 20:06 Jan 26, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3659.IS S3659

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

2 affected. 

Æ 


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