I 

117TH CONGRESS 

1ST SESSION H. R. 2084 

To collect and consolidate citizenship status information for the population 

of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2021 

Mr. CAWTHORN (for himself and Mr. GROTHMAN) introduced the following 

bill; which was referred to the Committee on Oversight and Reform, and 

in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To collect and consolidate citizenship status information for 

the population of the United States, and for other purposes. 

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 ‘‘Common-Sense Census 

5 Act of 2021’’. 

6 SEC. 2. CITIZENSHIP STATUS STATISTICS. 

7 (a) IN GENERAL.—Chapter 3 of title 13, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 


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1 ‘‘§ 104. Citizenship status 

2 ‘‘The Secretary shall collect statistics on the citizen3 ship status of persons permanently residing in the United 

4 States.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 3 of title 13, United States Code, is amended 

7 by inserting after the item related to section 103 the fol8 lowing new item: 

‘‘104. Citizenship status.’’. 

9 (c) CITIZENSHIP STATUS ON CENSUS QUESTION10 NAIRES.—Section 141 of title 13, United States Code, is 

11 amended— 

12 (1) by redesignating subsection (g) as sub13 section (h); and 

14 (2) by inserting after subsection (f) the fol15 lowing: 

16 ‘‘(g) In conducting the 2030 decennial census and 

17 each decennial census thereafter, the Secretary shall in18 clude in any questionnaire distributed or otherwise used 

19 for the purpose of determining the total population by 

20 States a checkbox or other similar option for the respond21 ent to indicate, for the respondent and for each of the 

22 members of the household of the respondent, whether such 

23 individual is a citizen or national of the United States.’’. 


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1 SEC. 3. CITIZENSHIP DATA INTERAGENCY WORKING 

2 GROUP. 

3 (a) IN GENERAL.—Not later than 6 months after the 

4 date of the enactment of this Act, the Secretary of Com5 merce shall establish the Citizenship Data Interagency 

6 Working Group (hereinafter referred to as the ‘‘Working 

7 Group’’). 

8 (b) DUTIES.—The Working Group shall develop and 

9 submit to the Secretary recommendations to increase to 

10 the maximum extent practicable the percentage of the pop11 ulation of the United States with respect to which the De12 partment of Commerce has information about citizenship 

13 status, including recommendations for improving the ac14 cess of the Department of Commerce to records containing 

15 such information that are held by Federal agencies or 

16 State or local governments. 

17 (c) MEMBERSHIP.— 

18 (1) MEMBERS.— 

19 (A) IN GENERAL.—The Working Group 

20 shall consist of the Director of the Census Bu21 reau, who shall serve as the chair, and the indi22 viduals appointed under subparagraph (B). 

23 (B) AGENCY APPOINTMENTS.— 

24 (i) IN GENERAL.—At the request of 

25 the chair of the Working Group to a Fed26 eral agency, the head of such Federal 


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1 agency shall, not later than 1 month after 

2 the date on which such request is made, 

3 appoint one individual employed by such 

4 Federal agency to serve as a member of 

5 the Working Group representing such Fed6 eral agency. 

7 (ii) INITIAL REQUESTS.—Not later 

8 than 3 months after the date of the enact9 ment of this Act, the chair of the Working 

10 Group shall make the request described in 

11 clause (i) to each Federal agency from 

12 which an initial member of the Working 

13 Group shall be appointed under such 

14 clause. 

15 (2) TERMS.—A member of the Working Group 

16 appointed under paragraph (1)(B) shall be ap17 pointed for a term of 2 years. 

18 (3) QUORUM.—A quorum shall be 2 members 

19 of the Working Group. 

20 (4) VACANCIES.— 

21 (A) IN GENERAL.—Except as otherwise 

22 provided in this paragraph, any vacancy occur23 ring in the membership of the Working Group 

24 shall be filled in the same manner as the origi25 nal appointment for the position being vacated. 


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1 (B) AGENCY APPOINTMENTS.—With re2 spect to filling a vacancy for which the original 

3 appointment was made under paragraph (1)(B), 

4 a head of a Federal agency shall fill such va5 cancy without a request from the chair of the 

6 Working Group. 

7 (C) AGENCY PARTICIPATION ENDING.—A 

8 vacancy resulting from the expiration of the 

9 term of a member appointed under paragraph 

10 (1)(B) shall not be filled if the chair has pro11 vided notice to the Federal agency which such 

12 member represented that such participation by 

13 such Federal agency in the Working Group is 

14 no longer required. 

15 (D) TERM CONTINUED.—The term of a 

16 member appointed to fill a vacancy, other than 

17 a vacancy resulting from the expiration of the 

18 term of a member, shall be the remainder of the 

19 term of the former member who vacated the po20 sition. 

21 (E) VACANCY EFFECTS.—A vacancy shall 

22 not affect the power of the remaining members 

23 to execute the duties of the Working Group ex24 cept to the extent that such vacancy results in 

25 less than a quorum. 


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1 (5) COMPENSATION.—Members of the Working 

2 Group who are full-time officers or employees of the 

3 United States or Members of Congress may not re4 ceive additional pay, allowances, or benefits by rea5 son of their service on the Working Group. 

6 (d) ADMINISTRATIVE AND TECHNICAL SUPPORT.— 

7 The Secretary shall provide the Working Group with such 

8 administrative support, staff, and technical assistance as 

9 the Secretary determines necessary for the Working Group 

10 to carry out it duties. 

11 (e) DETAIL OF FEDERAL EMPLOYEES.—Any Federal 

12 employee may be detailed to the Commission without reim13 bursement from the Commission, and such detailee shall 

14 retain the rights, status, and privileges of his or her reg15 ular employment without interruption. 

16 (f) FEDERAL ADVISORY COMMITTEE ACT.—The pro17 visions of the Federal Advisory Committee Act (5 U.S.C. 

18 App.) shall not apply with respect to the Working Group. 

19 (g) DEFINITIONS.—In this section: 

20 (1) FEDERAL AGENCY.—The term ‘‘Federal 

21 agency’’ means any agency as that term is defined 

22 in section 551(1). 

23 (2) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Commerce. 


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1 (3) STATE.—The term ‘‘State’’ means each of 

2 the several States, the District of Columbia, and any 

3 commonwealth, territory, or possession of the United 

4 States. 

5 SEC. 4. CITIZENSHIP-BASED REAPPORTIONMENT. 

6 Section 22(a) of the Act entitled ‘‘An Act to provide 

7 for the fifteenth and subsequent decennial censuses and 

8 to provide for apportionment of Representatives in Con9 gress’’, approved June 28, 1929 (2 U.S.C. 2a(a)), is 

10 amended to read as follows: 

11 ‘‘(a) On the first day, or within one week thereafter, 

12 of the first regular session of the One Hundred Twenty13 second Congress and of each fifth Congress thereafter, the 

14 President shall transmit to the Congress a statement 

15 showing the whole number of persons in each State, ex16 cluding Indians not taxed, as ascertained under the seven17 teenth and each subsequent decennial census of the popu18 lation, and the number of Representatives to which each 

19 State would be entitled under an apportionment of the 

20 then existing number of Representatives by the method 

21 known as the method of equal proportions under which 

22 only citizens of the United States shall be considered in 

23 determining such apportionment, no State to receive less 

24 than one Member.’’. 

Æ 


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